Tort Actions

ORS 31.268


If a discussion under ORS 31.264 (Discussion of adverse health care incident) does not result in the resolution of an adverse health care incident, the patient and the health care facility or health care provider who files or is named in a notice of adverse health care incident filed under ORS 31.262 (Notice of adverse health care incident) Act may enter into mediation.


The Oregon Patient Safety Commission shall develop and maintain a panel of qualified individuals to serve as mediators. The parties, by mutual agreement, may choose any mediator from within or outside the panel.


The parties shall bear the cost of mediation equally unless otherwise mutually agreed.


Other persons that may participate in the mediation include, but are not limited to:


Members of the patient’s family, at the discretion of the patient;


Attorneys for the patient, the health care facility and the health care provider;


Professional liability insurance carriers;


Risk management personnel; and


Any lien holder with an interest in the dispute.


If a health care facility or health care provider makes an offer of compensation as part of a mediation under this section, the facility or provider shall advise the patient of the patient’s right to seek legal advice before accepting the offer.


Mediation under this section is subject to ORS 36.210 (Liability of mediators and programs), 36.220 (Confidentiality of mediation communications and agreements), 36.222 (Admissibility and disclosure of mediation communications and agreements in subsequent adjudicatory proceedings), 36.224 (State agencies), 36.226 (Public bodies other than state agencies), 36.232 (Disclosures allowed for reporting, research, training and educational purposes), 36.234 (Parties to mediation), 36.236 (Effect on other laws) and 36.238 (Application of ORS 36). [2013 c.5 §5]


Last accessed
May 30, 2023