Nursing Home Negligence or Abuse
Statute of Limitations Or. Rev. Stat. §12.115
- Two years.
Damages Cap
- Previous cap of $500,000 on non-economic damages held unconstitutional in most cases, except in wrongful death cases. Lakin v. Senco Products, Inc. 329 Or. 62, 987 P. 2d 463 (1999)
- Punitive damages cannot be awarded against individual health practitioners like doctors or nurses, but this restriction does not apply to hospitals. Or. Rev. Stat. §18.550
Medical Malpractice
Statute of Limitations Or. Rev. Stat. §12.110
- Two years from when the injury was discovered, or reasonably should have been discovered.
- Case cannot be filed later than five years from the date of injury, unless fraud or misrepresentation is involved.
Damages Cap
- Previous cap of $500,000 on non-economic damages held unconstitutional in most cases, except in wrongful death cases. Lakin v. Senco Products, Inc. 329 Or. 62, 987 P. 2d 463 (1999)
- Punitive damages cannot be awarded against individual health practitioners like doctors or nurses, but this restriction does not apply to hospitals. Or. Rev. Stat. §18.550
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Wrongful Death
Statute of Limitations Or. Rev. Stat. §§12.110 and 30.020(1)
- Three years from date of death for wrongful death caused by medical malpractice cases.
- Two years from date of death for wrongful death caused by personal injury.
- Case cannot be filed later than five years from the date of injury.
- Damages Cap Or. Rev. Stat. §§18.550 and 31.710
- Non-economic damages are limited to $500,000.
- Punitive damages cannot be awarded against individual health practitioners like doctors or nurses, but this restriction does not apply to hospitals.
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