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★ Oregon · medical negligence

Medical negligence settlements
in Oregon.

By Reviewed by Abd Shanti, Founder9 min read

Suing a public hospital in Oregon brings the Tort Claims Act limits. A six month old whose liver blood vessels were cut during surgery at OHSU won a $12 million verdict, and the Supreme Court upheld limits on recovery against the public body and its surgeon. In 2023 the court also approved the standard instruction that doctors do not guarantee results.

Facts that decide a medical negligence claim in Oregon

Public hospitalsClaims against public bodies and their employees are governed by the Oregon Tort Claims Act, whose damages limits the Supreme Court upheld in Horton v. OHSU.Horton v. Oregon Health & Science University (Or. 2016)
Physicians do not guarantee resultsA jury may be told physicians are not negligent merely because their efforts were unsuccessful.Martineau v. McKenzie-Willamette Medical Center (Or. 2023)
Fault rule“Contributory negligence shall not bar recovery … if the fault attributable to the claimant was not greater than the combined fault” of the others, but damages are reduced by the claimant’s percentage.ORS 31.600(1), as quoted in Thomas v. Dillon Family LP II (Or. App. 2022)
united states · sister site
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★ OR · reported medical negligence outcomes

What Oregon courts have awarded.

Real Oregon decisions and verdicts, each linked to the court record or official report.

  • Horton v. Oregon Health & Science University
    Oregon Supreme Court · 2016
    $12,071,190.38 verdict; Tort Claims Act limits upheld

    A six month old boy had surgery at OHSU to remove a cancerous mass on his liver, and the surgeons inadvertently cut the blood vessels to his liver. He needed a liver transplant, removal of his spleen, more surgeries and lifetime monitoring. OHSU and the surgeon admitted liability, and the jury found $6,071,190.38 in economic and $6,000,000 in noneconomic damages. The Supreme Court held the Tort Claims Act limits could be applied to the surgeon and reversed the judgment for the full amount.

  • Martineau v. McKenzie-Willamette Medical Center
    Oregon Supreme Court · 2023
    Court of Appeals reversed; defense judgment affirmed

    Aaron Martineau went to an emergency room with chest pain; based on a chest x-ray reading and another patient’s electrocardiogram, the doctor decided he needed no urgent testing, and he later died. The jury found for the defendants. The Court of Appeals ordered a new trial, but the Supreme Court held the instruction that doctors do not guarantee results was proper and that no separate lost chance claim had been pleaded, and affirmed the trial court judgment.

★ OR · medical negligence · in practice

What changes the number here.

What actually moves a medical negligence settlement in Oregon.

  1. 1

    Know whether your provider is public. OHSU claims fall under the Tort Claims Act and its limits.

  2. 2

    Expect the jury to hear that a bad result is not proof of negligence, after Martineau.

  3. 3

    Plead a loss of chance claim clearly and separately if the facts support one.

★ OR · statute of limitations
2 years from date of injury

Or. Rev. Stat. § 12.110

★ OR · fault rule
Modified comparative, 51% bar

Modified comparative, recovery barred at 51% claimant fault.

★ medical negligence · same region & fault regime

Compare to like jurisdictions.

How Oregon's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for medical negligence claims.

JurisdictionFault ruleLimitationMedical negligence page
Oregon · you are hereModified comparative, 51% bar2 years from date of injury—
UtahModified comparative, 50% bar4 years for personal injury; 2 years for medical malpracticeUT · medical negligence →
WashingtonPure comparative negligence3 years from date of injuryWA · medical negligence →
WyomingModified comparative, 51% bar4 years from date of injuryWY · medical negligence →
AlaskaPure comparative negligence2 years from date of injury or discoveryAK · medical negligence →
CaliforniaPure comparative negligence2 years for personal injury; 1 year for medical malpractice (with 3-year repose)CA · medical negligence →
ColoradoModified comparative, 50% bar2 years for personal injury; 3 years for motor vehicleCO · medical negligence →
PennsylvaniaModified comparative, 51% bar2 years from date of injuryPA · medical negligence →
South CarolinaModified comparative, 51% bar3 years from date of injurySC · medical negligence →
TexasModified comparative, 51% bar2 years from date of injuryTX · medical negligence →
VermontModified comparative, 51% bar3 years from date of injuryVT · medical negligence →
Rhode IslandPure comparative negligence3 years from date of injuryRI · medical negligence →
South DakotaSlight versus gross negligence3 years from date of injurySD · medical negligence →
★ OR · medical negligence · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

united states · sister site
Your medical negligence claim in Oregon. See the number for your own case.

FairSettlement gives you a free estimate for your own medical negligence case in about two minutes, no cost and no obligation.

Check my case

Sources

Checked 2026-09-29.

★ all of OR
Oregon overview

Fault rule, statute, caps, and key facts for Oregon as a whole.

★ national frame
Medical negligence in United States

Medical negligence band structure and severity tiers at the US level.

★ all 15 countries
Medical negligence · everywhere

Cross-jurisdiction comparison of medical negligence bands.

★ editorial note

Figures on this page are not quotes for any specific case. For representation, consult an attorney admitted in Oregon. See /methodology, /sources, and /disclaimer.