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Medical Malpractice Law in Oregon

Posted by attorney John Phillips

Medical malpractice law in Oregon is somewhat straightforward and contains very little subterfuge or boilerplate in the language of the law. For the most part, those who are afflicted with worse damages after having been serviced by the doctor then they suffered from previously are considered to be eligible for malpractice compensation. Of course, this is all subject to the rulings of the courts and new precedents are being set all the time. Without a strong understanding of law, it can be almost impossible to assume that an individual will lose or win a malpractice case in the case of medical malpractice. With so many doctors practicing medicine at any given time, it is not hard to understand that medical malpractice can be an extraordinarily difficult concept for lawmakers to maintain as a straightforward concept. There are so many different types of law in Oregon that individuals and patients who have suffered from medical practice have made all manner of different types of claims in the state courts. With so many different types of medical malpractice claims, it can be almost impossible to make a blanket statement and each case has to be judged on its own merits.

Oregon State Malpractice Laws at a Glance:

Oregon State Tort Law Statute of Limitations Two years from date of original injury or after injury was discovered but not longer than five years from act. Damage Award Limits Punitive damages will not be awarded in cases where the physician is found to be acting without malice and within normal scope of duties.

Joint Defendant Liability Proportionate liability for defendants Expert Witness No stipulations for witnesses.

Attorney Fees Limit of 20% of punitive damages. No percentage limits to economic damages.

Defining Medical Malpractice Law in Oregon

The definition of medical malpractice law in Oregon is somewhat basic and, when taken directly from the law books, is easy to understand. Of course, once that law is built into actual practice, it is a completely different matter and subject to the court's rulings. With so many different lawyers, doctors and plaintiffs all working over the same statute, it is only natural for the exact nature of medical malpractice law to fluctuate. As more and more precedent is set every day for different types of medical malpractice law, the absolute meaning of medical malpractice law is never set in stone. Considering how many patients are the victim of medical malpractice and how many doctors are called to court to defend themselves from medical malpractice law, it is not hard to understand how the issue could be misunderstood.

Learning More About Medical Malpractice Law in Oregon

While the definition of medical malpractice law is somewhat straightforward, the actual practice is always elusive and difficult to nail down. With this ephemeral property inherent in the nature of the law itself, medical malpractice law in Oregon, while substantially different from any other state, can be as alike or as dissimilar as any other state, depending on the patient, the doctor and the attorney involved in the particular case. Since every case is so vastly different from the next, only a case by case study can shed light on these particular situations and conditions.

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