ORS 31.272
Statute of limitations
- evidence of offers and payments
(1)
The provisions of ORS 31.264 (Discussion of adverse health care incident) and 31.268 (Mediation) 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.(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 (Notice of adverse health care incident), 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 (Notice of adverse health care incident), 31.264 (Discussion of adverse health care incident) and 31.268 (Mediation).(4)
Except as provided in ORS 31.266 (Discussion communications), evidence that a party participated or did not participate in the notice, discussion and mediation process under ORS 31.262 (Notice of adverse health care incident), 31.264 (Discussion of adverse health care incident) and 31.268 (Mediation) 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 (Discussion of adverse health care incident) or 31.268 (Mediation) 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 (Discussion of adverse health care incident) and 31.268 (Mediation). [2013 c.5 §7]
Source:
Section 31.272 — Statute of limitations; evidence of offers and payments, https://www.oregonlegislature.gov/bills_laws/ors/ors031.html.
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