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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.

Legal malpractice occurs when a legal professional fails to uphold and meet the minimum standard of care for their profession. This occurs when an attorney commits a mistake that no other attorney would commit in a similar situation, and because of his or her errors, the client suffers a financial loss.

In Oregon, you may bring a medical malpractice lawsuit for an injury you suffered against a licensed healthcare provider based upon their negligence, misconduct, errors or omissions.

In most medical malpractice claims, the proof must come in the form of testimony from a qualified expert. That expert must be in the same field or specialty area, both to establish the standard of care and to show how the provider failed to meet that standard.

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.

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.