Oregon Medical Malpractice Laws

There is no limit on damages. The statute of limitations is two years from injury or reasonable discovery but within five years from the incident (if fraud, deceit, or misleading representation, within two years from when it should have been reasonably discovered). There is modified joint and several liability (if the judgment is not collectible within one year, the court may reallocate the uncollected amount in proportion to the percentage fault of the remaining defendants). Attorney fees for punitive damages limited to 20%. There is no provision for periodic payments. Some form of pre-trial alternative dispute resolution must be attempted within 270 days after the action is filed. There is no requirement for an affidavit or certificate of merit.

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