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Statute of Limitations

Actions must commence within two years from the date of the wrongful act or omission, or within two years of the date the injury was or should resasonably have been discovered

Comparative or contributory negligence

modified comparative negligence, a claimant's action is barred if his fault equals or exceeds the combined fault of all others who contributed to the injury

Nature of accused's liability

Oregon has abolished joint and several liability for medical malpractice cases, such that defendants are liable for damages only in proportion to their degree of fault for causing the plaintiff's injury

Law of contribution

Defendants who have paid more than a proportional share of the liability, based on proportional degrees of fault, have a right of contribution

Expert testimony standards

Oregon does not impose special restrictions on expert witness testimony.

Limits on compensation

Punitive damages are not available if a physician is found to have been acting within the scope of his or her duties, without malice.

Limits on attorney fees

Maximum fee of 20%

Collateral Source rule enforced

There is a discretionary offset by the court after judgment, except for benefits that the plaintiff is obligated to repay and insurance benefits for which the plaintiff paid premiums..

State and local health care providers immune from liabaility

Oregon has waived, to a limited extent, the immunity of all public bodies, including the state and its departments, agencies, cities, counties, school districts, and other political subdivisions or municipalities

Select Your State

Select Your State

Select Your State Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington State West Virginia Wisconsin Wyoming

Medical malpractice law varies from state to state, the key areas of difference are as follows

• Statute of limitations
• The law of comparative or contributory negligence
• The nature of the accused's liability
• Law of contribution
• Standards for expert testimony
• Limitations on compensation
• Limitiations on attorney fees
• Whether collateral source law is in effect
• Are state health care providers immune from liability