Oregon Jury Instruction - 1.3 Medical Malpractice Claim Against Hospital And Physician Statute Of Limitations Defense
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FAQ
The injured patient must show that the physician acted negligently in rendering care, and that such negligence resulted in injury. To do so, four legal elements must be proven: (1) a professional duty owed to the patient; (2) breach of such duty; (3) injury caused by the breach; and (4) resulting damages.
Then, you have to show the court that the doctor's actions or inactions were the direct cause of your illness and that your health was damaged as a direct result. Of those four components, causation is often the hardest element to prove in court.
The average payout in a medical malpractice lawsuit in the U.S. is somewhere $242,000, as we said above. The median ? as opposed to the average ? value of a medical malpractice settlement is $250,000. The average jury verdict in malpractice cases won by the plaintiff is just over $1 million.
That cap is set at $500,000 under Oregon law. (See Or. Rev. Stat.
This is known as the ?statute of limitations.? The limitations period for personal injury arising from any medical, surgical or dental treatment, omission or operation is two years from the date when the injury was discovered or reasonably should have been discovered. ORS 12.110(4).
This is known as the ?statute of limitations.? The limitations period for personal injury arising from any medical, surgical or dental treatment, omission or operation is two years from the date when the injury was discovered or reasonably should have been discovered. ORS 12.110(4).
Oregon does not have a cap on the amount of economic and non-economic damages that you are able to recover during a medical malpractice case. However, if the medical malpractice case is predicated upon a wrongful death action, non-economic damages are limited to $500,000.
Malpractice Cap by State StateCap on Malpractice DamagesState CodeCalifornia$250,000California Code of Civil Procedure Sections 340.4 and 340.5Colorado$300,000 noneconomic damages $1,000,000 total damagesColorado Revised Statutes 13-80-102.5ConnecticutNoneDCNone47 more rows