Medical Malpractice Statute of Limitations in Oregon
Last verified 2026-07 · Source: ORS 12.110(4) ✓ verified · 3 sources
The deadline
2 years
from the date the injury is first discovered or in the exercise of reasonable care should have been discovered, under ORS 12.110(4).
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Under ORS 12.110(4), you have 2 years from the date the injury is first discovered or in the exercise of reasonable care should have been discovered to file a medical malpractice claim in Oregon. Miss it and you lose the right to sue — but several Oregon-specific exceptions can extend (or shorten) that window, detailed below.
Oregon Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Medical Malpractice | 2 years | ORS 12.110(4) |
| Car Accident | 2 yrs | Or. Rev. Stat. § 12.110 |
| Credit Card Debt | 6 yrs | ORS 12.080(1) |
| Wrongful Death | 3 yrs | ORS § 30.020 |
| Personal Injury | 2 yrs | Or. Rev. Stat. § 12.110(1) |
| Dog Bite | 2 yrs | ORS 31.360 (strict liability); SOL: ORS 12.110(1) |
| Slip and Fall | 2 yrs | Or. Rev. Stat. § 12.110(1) |
| Defamation | 1 yr | ORS 12.120(2) |
| Breach of Contract | 6 yrs | ORS 12.080(1) |
| Medical Debt | 6 yrs | Or. Rev. Stat. § 12.080(1) |
When the Clock Starts
In Oregon, the limitations period for medical malpractice claims generally begins on the date the injury is first discovered or in the exercise of reasonable care should have been discovered. Oregon recognizes a discovery rule for this claim type: The 2-year clock runs from discovery of the injury, but an absolute 5-year statute of repose from the date of treatment bars all claims (subject only to a fraud/concealment exception giving 2 years from discovery of the fraud).
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Exceptions That Can Extend the Deadline
- Minors: the clock is generally paused while the injured person is under 18.
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
- Government-claim trap: Claims against a public body (e.g., a public hospital) under the Oregon Tort Claims Act require written notice within 180 days of injury (2 years for wrongful death), ORS 30.275.
- Damage caps: The $500,000 noneconomic damages cap (ORS 31.710) was held unconstitutional as applied to personal-injury claims in Busch v. McInnis Waste Systems, Inc., 366 Or. 628 (2020); it still applies to wrongful-death claims.
Oregon requires no certificate/affidavit of merit to file, but the 5-year statute of repose in ORS 12.110(4) applies notwithstanding the minor-disability tolling of ORS 12.160.
Source: ORS 12.110(4), official Oregon statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for Oregon government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How Oregon Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Oregon | 2 years | ORS 12.110(4) |
| Washington | 3 yrs | RCW 4.16.350 |
| Idaho | 2 yrs | Idaho Code § 5-219(4) |
| Nevada | 3 yrs | Nev. Rev. Stat. § 41A.097 |
| California | 3 yrs | Cal. Code Civ. Proc. § 340.5 |
Frequently Asked Questions
How long do I have to file a medical malpractice claim in Oregon?
You have 2 years from the date the injury is first discovered or in the exercise of reasonable care should have been discovered, under ORS 12.110(4).
Can I still sue after 2 years in Oregon?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (the discovery rule, tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
Does the discovery rule apply to medical malpractice claims in Oregon?
Yes. The 2-year clock runs from discovery of the injury, but an absolute 5-year statute of repose from the date of treatment bars all claims (subject only to a fraud/concealment exception giving 2 years from discovery of the fraud).
What if the victim was a minor?
Oregon generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.
Is the deadline different for claims against the government?
Claims against a public body (e.g., a public hospital) under the Oregon Tort Claims Act require written notice within 180 days of injury (2 years for wrongful death), ORS 30.275.
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Sources
- Official Oregon Revised Statutes Chapter 12 — Oregon State Legislature
- Corroborating ORS 12.110 — Actions for certain injuries; professional malpractice (public.law)
- Corroborating Oregon Medical Malpractice Laws (Nolo)
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Oregon attorney.