Oregon Nursing Home Laws

Oregon Nursing Home Injury Law | Firm in IL

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

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.

The information provided here was prepared by the Pintas & Mullins Law Firm for research and informational purposes only. It does not constitute legal advice or an attorney-client relationship. While we try to keep this information current, the law is subject to change and it may not be reflected here immediately.

The Pintas & Mullins Law Firm expressly disclaims all liability with respect to actions taken or not taken based on the information provided. If you have a legal question or problem, please consult an attorney immediately.