According to Oregon Revised Statutes section 12.110, the law states that most medical malpractice claims must be filed within two years from the date the injury or illness was first discovered or from when the injury or illness should have been discovered through the exercise of reasonable care. There is an overall timeline and place that states all medical malpractice actions must be filed within five years from the incident, regardless of when an individual knew about the harm.
However, there are various exceptions to the medical malpractice statute of limitations in Oregon. One of these exceptions deals with individuals who sustain injuries or illnesses and are under the age of 18. This would apply to birth injury claims. The statute of limitations clock can be paused (tolled) for up to five years from when the incident occurs or for one year after an individual turns 18, whichever comes first.
We encourage you to reach out to a skilled medical malpractice attorney with experience handling birth injuries. If you are a parent or if you are a minor who believes they have been harmed due to medical negligence, an attorney can guide you toward the best path for recovering compensation in your situation. At the very least, let an attorney give you a free consultation so you can understand your options.