Medical Malpractice: Washington vs. Oregon

In Washington, medical malpractice actions are governed by the Medical Malpractice Act, which requires that a claim must be based on the standard of care applicable to healthcare providers. A critical aspect is the need for a certificate of merit, which mandates that the plaintiff provide a statement from a qualified expert indicating that the claim has merit. The statute of limitations for filing a medical malpractice claim in Washington is generally three years from the date of the alleged malpractice, but discovery rules may extend this period in some circumstances. Additionally, Washington does not cap damages in medical malpractice cases, allowing for potentially significant awards for economic and non-economic damages.

Oregon similarly has stringent requirements concerning medical malpractice claims, relying heavily on the standards established by case law and statutory provisions. Under Oregon law, plaintiffs must also meet a standard of care requirement, and they must file a complaint with the Oregon Medical Board if applicable. The statute of limitations for filing a medical malpractice lawsuit in Oregon is two years, which is shorter than that of Washington. Importantly, Oregon places a cap on non-economic damages in medical malpractice cases at $500,000, which influences how claims are evaluated and pursued by plaintiffs and their attorneys.