While we believe that the following information regarding the medical malpractice laws in the various states of the United States was accurate when written, laws in various states do change over time and you should not rely on the information below but rather seek the advice of a knowledgeable and competent medical malpractice lawyer in your state regarding the current and relevant medical malpractice laws in your state. The information below is for informational purposes only and is not intended as legal advice and should not be relied upon as legal advice.
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.
In its opinion filed on July 9, 2020, the Supreme Court of the State of Oregon (“Oregon Supreme Court”) held: “ORS 31.710(1), as a limit on the noneconomic damages that a court can award to a plaintiff, violates Article I, section 10.”
The Court of Appeals of the State of Oregon (“Oregon Appellate Court”) ruled in its opinion filed on November 1, 2017 that where there is a bare reduction in the plaintiff’s noneconomic damages without any identifiable statutory quid pro quo or constitutional principle that the cap on noneconomic damages takes into consideration, the application of the cap on noneconomic damages stated in ORS 31.710(1) to the plaintiff’s jury award violates the remedy clause in Article I, section 10.