An Oregon medical malpractice plaintiff may not need to jump through quite as many procedural "hoops," compared with plaintiffs in other states, but there are plenty of thorny legal issues to contend with. At the outset, it helps to understand the elements of "medical negligence"—what you’ll need to prove in order to hold a health care provider liable for harm caused by sub-standard medical treatment. Since the testimony of a medical expert is usually crucial to proving these elements, it also helps to get familiar with the role that an expert witness will likely play in your Oregon medical malpractice case, to make sure your medical malpractice claim is successful. Read on for the details.

No "Certificate of Merit" Requirement in Oregon

Thanks in part to controversial "tort reform" efforts, in most states, when an injured patient wants to file a medical malpractice lawsuit against a health care provider, the patient (or more accurately, his or her attorney) must file a sworn statement -- often called a "certificate of merit" or "affidavit of merit" -- alongside the civil complaint (the legal document that sets out the allegations against the health care provider).

This sworn statement must typically be prepared by (or be based on consultation with) a qualified medical expert, one who has reviewed the details of the plaintiff's case and believes there is substantial evidence of medical negligence -- in other words, the expert is of the opinion that the lawsuit has "merit."

Oregon has no "certificate of merit" requirement, but medical malpractice cases are still difficult for patients to win.

What a Medical Malpractice Plaintiff Must Prove in Oregon

First, it’s important to note that not every unfavorable result or misstep in treatment will lead to a viable medical malpractice lawsuit -- most won’t, in fact. (Learn more about the kinds of medical errors that often lead to a successful medical malpractice case.)

There is no specific Oregon law that lays out what must be established in order to hold a health care provider liable for medical negligence, but in general, if you’re filing a medical malpractice lawsuit in Oregon, as the plaintiff, you have the burden of establishing:

• that a provider-patient relationship existed between you and the defendant (this element usually isn’t in dispute)
• the appropriate “standard of care” under the circumstances (the skill and attention that a similarly-trained health care provider, in the same medical community as the defendant, would have provided to you)
• how the provider’s conduct (including their decisions, actions, and/or their failure to act) fell below that accepted medical standard of care and amounted to negligence, and
• a causal connection between the provider’s medical negligence and quantifiable harm to you.

For medical malpractice lawsuits in Oregon, as in every state, proving complex elements like the "standard of care" and deviation from that standard will almost always require the testimony of a qualified medical expert. Learn more about proving medical malpractice.

Expert Witnesses in Oregon Medical Malpractice Cases

Perhaps the most relevant statute on expert witness testimony in an Oregon medical malpractice lawsuit can be found at Oregon Revised Statutes section 40.410, which says that when "scientific, technical, or other special knowledge" will "assist the trier of fact"—i.e. the jury in a medical malpractice lawsuit, who is trying to determine whether a health care provider’s error amounted to negligence—a qualified expert witness may offer his or her opinion on key issues of liability and damages.

Most Oregon medical malpractice lawsuits will involve the input and testimony of multiple medical experts—retained by both the injured patient and the health care provider being sued. Because of this, a medical malpractice trial is offered referred to as a "battle of experts." But it's important to note that expert testimony might not be a requirement in Oregon if the medical malpractice lawsuit hinges on "routine" treatment issues that are within the jury's common knowledge, or if the medical error was obvious (a surgical instrument was left inside the patient, for example).

An experienced medical malpractice lawyer will understand the burden of proof in your case, and will craft the optimal strategy for presenting your best case.

The Oregon Statute of Limitations for Medical Malpractice Lawsuits

If you think you have a medical malpractice case in Oregon, one of your first concerns is understanding and complying with the statute of limitations for these kinds of cases. This is a law that sets a strict time limit on an injured patient’s right to bring a legal action against a health care provider. Miss the filing deadline set by this law, and you've almost certainly lost your right to get compensation for your injuries and other losses. Get the details on the Oregon medical malpractice statute of limitations.