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Portland Medical Malpractice Questions

Does Oregon's deadline for medical mistakes also cover an error by a dentist?

Yes. The rule for treatment injuries lists medical, surgical and dental treatment side by side. It allows two years from when the injury was or should have been discovered, and in most cases no more than five years from the treatment (ORS 12.110(4)). In some cases an injury or its cause could not be known right away, and the clock may start later. Exceptions can make your deadline shorter or longer, so confirm it with an attorney. Our Portland legal team checks your dates in a fast, free case review.

I was treated at a county health clinic in Portland. Is there an extra step before a claim?

There may be. Multnomah County's Health Department lists primary care clinics, dental clinics and student health centers among its services. Claims against a public body, such as the State of Oregon or a local government, follow the Oregon Tort Claims Act. You must give a tort claim notice first. For an injury claim, the notice is due within 180 days after the injury (ORS 30.275). We check who runs the clinic where you were treated. When a notice is required, our Portland legal team sends it.

My husband died after complications we believe could have been avoided. Who brings the case, and how long do we have?

In Oregon, the personal representative of the estate brings the case. A personal representative is the person a court appoints to act for the estate. The case must be filed within three years after the injury that caused the death is discovered or reasonably should have been discovered. It can never be filed later than three years after the death (ORS 30.020). In Multnomah County, the circuit court's Probate Department handles estates. Send our Portland legal team the dates you know. The case review is free.

Our daughter needed a second surgery after a medical error. Is our claim for her bills on the same clock as hers?

For the pause, yes. If the injured person is under 18, the deadline is paused, or tolled, while the person is a minor. A parent's claim for the child's medical bills is paused for the same period (ORS 12.160(5)). The pause has limits. It cannot last more than five years. It also cannot run more than one year after the person turns 18. Whichever limit comes first controls. Ask an attorney to calculate the exact date. That calculation is something our Portland legal team does at no charge.

I am still being treated for the harm a medical error caused. Should I wait to ask for a case review?

No need to wait. You do not have to finish treatment first, and keeping up with your care matters most. A case review is free and quick, and you pay No Fee Until We Win. Tell us who treated you, when, and what changed afterward. Our Portland legal team sends for the records, so there is nothing you must collect ahead of time. Delays can hurt your case. Start online if you like, or call or text (855) 772-6969. Spanish speaking attorneys are available.