Health Law

SOL for Minors Upheld

The Oregon Supreme Court has upheld a five-year statute of limitations on medical malpractice lawsuits involving minors. Kelly Christiansen had filed suit against the Providence Health System because it was alleged that their doctor did not recognize fetal distress and perform an emergency c-section.

Her son had been diagnosed with various developmental disorders and partial epilepsy that other doctors blamed on fetal distress causing "an anoxic event," or lack of oxygen that required resuscitation after birth.

Her son was born eight years ago but the Oregon statute of limitations for medical malpractice cases for minors is five years. Her attorneys argued that the original Oregon Territory had a provision for filing suit up to eighteen years of age and that the Oregon constitution prohibited changing that original provision.

But in a unanimous opinion by Chief Justice Paul De Muniz, the court rejected her argument.

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.

Full post as published by Cerebral Palsy Law Blog on May 09, 2008 (boomark / email).