Medical malpractice in Oregon
Injury and death follow different rules
Oregon medical malpractice claims generally must be filed within two years of discovery and within five years of the treatment. Noneconomic damages for a surviving patient are not limited by the old statutory formula. Wrongful-death noneconomic damages still face a $500,000 statutory figure that courts may refuse to apply in an extreme case.
Last reviewed September 22, 2026
- Injury noneconomic
- No cap
- Death noneconomic
- $500,000
- Usual filing window
- 2 years
No enforceable private statutory ceiling
Statutory figure. An extreme case can challenge it
From discovery, and within 5 years of treatment
Damage caps
For a living patient's personal-injury malpractice claim, there is currently no enforceable private statutory noneconomic damages cap. For wrongful death, ORS 31.710 generally limits noneconomic damages to $500,000, subject to a constitutional challenge as applied in an extreme case and subject to separate public-body rules. Economic damages are not capped by that section.
Not capped
Economic damages
Economic damages are limited by proof. ORS 31.710 does not set a ceiling on economic loss.
Split by claim
Noneconomic damages
A personal-injury claim for a surviving patient has no enforceable private statutory noneconomic cap. After Busch, and after the 2021 amendment, ORS 31.710 no longer supplies that ceiling. In a civil action for the wrongful death of any one person, including loss of care, comfort, companionship, society, and consortium, noneconomic damages shall not exceed $500,000, except claims under the Oregon Tort Claims Act and workers' compensation. The jury is not told of the limit. That death figure is still subject to a remedy-clause challenge as applied. Estate of Ritchie rejected a facial wipeout of the death cap. Estate of Fisher v. Lee, 351 Or. App. 33 (2026), shows that an extreme case can succeed on an as-applied challenge.
Personal-injury malpractice has no enforceable private noneconomic statutory cap. Wrongful-death noneconomic awards face the $500,000 statutory figure unless a court refuses to apply it in that case.
The wrongful-death noneconomic limit is framed for the death of any one person. Confirm how multiple defendants share that figure on the facts. It does not apply to a surviving patient's personal-injury noneconomic damages.
Busch v. McInnis Waste Systems, Inc.. In 2020, the Oregon Supreme Court held the former broad reading of the noneconomic cap unenforceable for a personal-injury claim. The 2021 amendment narrowed ORS 31.710 to wrongful death. Estate of Ritchie rejected a facial challenge to the death cap. Estate of Fisher v. Lee (2026) shows that a remedy-clause challenge can succeed as applied in an extreme case. Do not describe the death figure as a cap that always applies.
Private noneconomic limits by claim
The claim type selects the rule. These are statutory descriptions, not payment averages. The death figure can fail in an extreme case.
| Milestone | Personal injury | Wrongful death |
|---|---|---|
| Private claims in this reviewReview year | No enforceable cap | $500,000 |
The $500,000 wrongful-death figure is the statutory limit in ORS 31.710, and the jury is not told of it. A facial challenge failed in Estate of Ritchie. A court may refuse to apply the figure in an extreme case after Estate of Fisher v. Lee. Public bodies use the Oregon Tort Claims Act rather than this private figure. Workers' compensation claims are also outside the section. Punitive damages are outside the section.
Punitive damages
Punitive damages sit outside ORS 31.710. The wrongful-death noneconomic limit does not set a punitive ceiling. Confirm whether punitive damages are available on the facts.
Government defendants
Claims against public bodies use the Oregon Tort Claims Act schedules in ORS 30.260 to 30.300, not the private wrongful-death figure in ORS 31.710. This page does not restate those public dollar limits. Confirm the public-body schedule on the facts.
Filing deadlines
File within two years after discovering the injury, and no later than five years after the treatment, with a fraud exception. Many health care cases also require court-connected dispute resolution within 270 days of filing. A wrongful-death filing period is a separate statute. Do not collapse it into the malpractice rule.
- General rule
An action to recover damages for injuries to the person arising from any medical, surgical, or dental treatment, omission, or operation must be commenced within two years from the date the injury is first discovered, or in the exercise of reasonable care should have been discovered.
- Outer limit
Notwithstanding minority tolling under ORS 12.160, every such action must be commenced within five years from the date of the treatment, omission, or operation. If no action was commenced within five years because of fraud, deceit, or misleading representation, the action may be commenced within two years from discovery of that fraud, deceit, or misleading representation.
- Wrongful death
Death claims generally follow ORS 30.020, often three years from death. Do not treat that period as the same rule as ORS 12.110(4). Confirm the death filing deadline with counsel.
- Dispute resolution
In an action against a health practitioner or a health care facility based on negligence, unauthorized treatment, or certain product theories, the parties and counsel generally must participate in dispute resolution, such as arbitration, mediation, or a judicial settlement conference, within 270 days after filing, unless the case is resolved or the requirement is waived in writing. A compliance certificate is contemplated, and sanctions may follow a failure to comply. Separate voluntary early-resolution pathways exist for an adverse health care incident under ORS 31.260 to 31.278. Those pathways can interact with limitations and mediation duties. Confirm them with counsel.
What cases often look like
These notes describe public legal patterns. They are not case counts, win rates, or rankings.
Injury and death are different tracks
A surviving patient's noneconomic damages are not limited by the old statutory formula. A wrongful-death noneconomic award still faces the $500,000 figure unless a court refuses to apply it. Do not use one statewide badge for both.
The death figure can fail in an extreme case
Estate of Ritchie rejected a facial challenge. Estate of Fisher v. Lee shows that an as-applied remedy-clause challenge can succeed. Do not describe the death cap as a limit that always applies.
Dispute resolution follows filing
Many health care cases must go through dispute resolution within 270 days after filing. That timing is its own process headline.
Payout context
Payment amounts vary by year, injury, and setting. This page does not state an average payout, a median, or a case count. To predict the payout for an Oregon case, use MedMalPredict AI - Medical Malpractice Outcome Prediction.
Whether the claim is for injury or death, and whether a public body is the defendant, often shape valuation more than one statewide label.
Sources
Official statute and agency pages checked September 22, 2026. First research pass on September 22, 2026. This summary still needs legal review before it is treated as legal advice. After Busch v. McInnis Waste Systems, Inc., 366 Or. 628 (2020), and a 2021 amendment, ORS 31.710 no longer supplies a personal-injury noneconomic ceiling for an ordinary private claim. The statute limits wrongful-death noneconomic damages to $500,000. Facial challenges to that death cap have failed, including in Estate of Ritchie. An as-applied remedy-clause challenge can succeed in an extreme case, as in Estate of Fisher v. Lee, 351 Or. App. 33 (2026). Personal-injury noneconomic damages have no enforceable private statutory cap. The wrongful-death figure remains on the books, and a court may refuse to apply it in an extreme case. The filing period under ORS 12.110(4) is two years from discovery and five years from treatment, with a fraud exception. Many health care claims require dispute resolution within 270 days after filing under ORS 31.250. Public bodies use the Oregon Tort Claims Act, not the private death figure.
- ORS 31.710 and ORS 31.250 (opens in a new tab)Accessed September 22, 2026
- ORS 12.110 (limitations) (opens in a new tab)Accessed September 22, 2026
Review a case with MedMalPredict
Use MedMalPredict to organize records and timelines. Speak with an Oregon attorney about whether the wrongful-death noneconomic limit applies and about mandatory dispute resolution timing.