Statute of Limitations Upheld by Oregon Supreme Court

Greg Owen

Attorney

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A statute of limitations refers to a statute that sets forth the period of time, after the occurrence of a given event, that legal proceedings can be initiated relative to that occurrence.

Recently, the Oregon Supreme Court upheld the five-year statute of limitations in that state relative to medical malpractice suits that involve minor children. An Oregan woman filed suit against Providence Health System centering around the birth of her son eight years earlier.

In aunanimous opinion by Chief Justice Paul De Muniz the court ruled against her claim that laws in effect when Oregon was a territory blocked a five-year statute of limitations that the Legislature approved after Oregon became a state."It said it agreed with Christiansen that the five-year limitation "can lead to harsh consequences in some cases," but there is nothing in the state constitution to prevent the Legislature from setting the limit as it did."

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