Annotate Legal Oregon Malpractice Forms For Free

In other words, you need to file the lawsuit within two years of the date on which you were actually harmed by?or should have known you were harmed by?the defendant's medical error.

Statute of Limitations in Oregon In general, an injured patient must file suit either (a) within 2 years of the date the malpractice occurred, or (b) within 2 years of the date when the malpractice reasonably should have been discovered by the patient.

Demand Letter Summary of facts describing the incident. Detailed description of injuries, pain and suffering. Statement of medical treatments and list of medical expenses/medical bills. Discussion and confirmation of accident liability. Lost income statements. Injury settlement demand amount.

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).

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.

To show that our clients have a legal malpractice case, there must be a duty to the client, the attorney breached that duty, the client suffered financial damages, and the attorney was the cause of the damages. Proving that there are financial damages can be some of the most difficult aspects of a case.