OR · Health & Medical

Health & Medical in Oregon

By CanISueForThis Editorial Team Reviewed by Editorial Team Updated March 21, 2026

Key Oregon Law

Oregon Revised Statutes Section 12.110(4)

Oregon requires medical malpractice claims to be filed within two years of when the patient discovered or should have discovered the injury, under ORS § 12.110(4), with a five-year absolute repose period.

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Procedural Details in Oregon

Oregon does not cap non-economic damages in medical malpractice cases. Oregon courts struck down legislative caps on non-economic damages in Lakin v. Senco Products, Inc. (1999). Oregon does not require a formal certificate of merit, but expert testimony is required at trial. Oregon applies modified comparative fault (51% bar) under ORS § 31.600. The Oregon Medical Board investigates complaints. Oregon has specific tolling rules for minors and for fraudulent concealment of malpractice.

Oregon Agencies & Resources

Oregon Medical Board

Licenses and disciplines physicians in Oregon; investigates complaints about professional conduct and patient safety.

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Oregon Health Authority

Oversees hospital licensing, patient rights, and health facility inspections in Oregon.

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Oregon Insurance Division

Regulates health insurance and handles consumer complaints in Oregon.

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Frequently Asked Questions

What is the statute of limitations for medical malpractice in Oregon?

ORS § 12.110(4) provides two years from discovery of the injury (or when it should have been discovered), with a five-year absolute repose period. Oregon has no formal pre-filing requirements, though expert testimony will be needed at trial.

Does Oregon cap non-economic damages in malpractice cases?

No. Oregon's Supreme Court struck down non-economic damage caps as unconstitutional. There is currently no enforceable statutory cap on non-economic damages in Oregon medical malpractice cases. Juries determine appropriate non-economic compensation.

Does Oregon require a certificate of merit before filing?

Oregon does not require a formal certificate of merit as a condition of filing a malpractice lawsuit. Expert evidence will be required at trial to establish the standard of care and deviation from it. Consulting with an experienced malpractice attorney early is advisable.

How do I file a complaint against a doctor in Oregon?

Complaints against physicians may be filed with the Oregon Medical Board online at oregon.gov/omb. The Board investigates and may impose conditions, suspend, or revoke a physician's license. Board proceedings are separate from civil lawsuits.

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By CanISueForThis Editorial Team Reviewed by Editorial Team Updated March 21, 2026