Oregon · Medical Malpractice
Oregon medical malpractice damage caps and statute of limitations
Refreshed 2026. Cap ruled unconstitutional damage cap. 2 years from discovery of injury. Full breakdown below.
Damage caps
No statuteNon-economic damages cap
None
Total damages cap
None
Status
unconstitutional
Notes
Cap of $500,000 ruled unconstitutional in Busch v. McInnis Waste Systems (2020). Court held cap violated state constitution's remedy clause (Art. I, § 10).
Statute of limitations
OR Rev. Stat. § 12.110(4)Standard SOL
2 years from discovery of injury
Discovery rule
Yes; runs from when injury was first discovered or should have been discovered
Statute of repose
5 years from act or omission (treatment)
Minor exception
For children under 6: SOL extended until child's 8th birthday. Standard tolling for older minors.
Wrongful death SOL
3 years from date of death
Beyond the lookup: Oregon venue intelligence
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Oregon med-mal FAQ
What is the medical malpractice statute of limitations in Oregon?+
2 years from discovery of injury. Yes; runs from when injury was first discovered or should have been discovered Statute of repose: 5 years from act or omission (treatment). Wrongful death: 3 years from date of death. Source: OR Rev. Stat. § 12.110(4).
Does Oregon have a medical malpractice damage cap?+
No active cap. Cap of $500,000 ruled unconstitutional in Busch v. McInnis Waste Systems (2020). Court held cap violated state constitution's remedy clause (Art. I, § 10).
How does Oregon handle the discovery rule in med-mal cases?+
Yes; runs from when injury was first discovered or should have been discovered
What is the Oregon minor exception for medical malpractice?+
For children under 6: SOL extended until child's 8th birthday. Standard tolling for older minors.
What is the wrongful death statute of limitations for Oregon medical malpractice?+
3 years from date of death
Other state lookups
This tool is informational. It is not legal advice. Oregon damage caps and statute of limitations periods change frequently. Always verify against current statute and consult a licensed Oregon attorney before relying on a deadline. Data refreshed May 2026.