Oregon Statutes 31.272 – Statute of limitations; evidence of offers and payments
(1) The provisions of ORS § 31.264 and 31.268 relating to discussion and mediation do not prevent a patient from bringing a civil action for negligence unless the patient signed a release of the claim.
Terms Used In Oregon Statutes 31.272
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
(2) The statute of limitations applicable to a negligence claim is tolled for 180 days, or another period agreed upon by the patient and the health care facility or health care provider who files or is named in the notice of adverse health care incident filed under ORS § 31.262, from the date the notice is filed.
(3) If a civil action based on an adverse health care incident is commenced, the court shall inform the parties of the opportunity to participate in the notice, discussion and mediation process under ORS § 31.262, 31.264 and 31.268.
(4) Except as provided in ORS § 31.266, evidence that a party participated or did not participate in the notice, discussion and mediation process under ORS § 31.262, 31.264 and 31.268 is inadmissible in any adjudicatory proceeding.
(5) Evidence of an offer of compensation, and the amount, payment or acceptance of any compensation, under ORS § 31.264 or 31.268 is inadmissible in any adjudicatory proceeding. However, any judgment in favor of the patient must be reduced by the amount of any compensation paid under ORS § 31.264 and 31.268. [2013 c.5 § 7]