Health Care Facilities

ORS 441.183
Remedies for retaliation


A nursing staff aggrieved by an act prohibited by ORS 441.181 (Retaliation prohibited) may bring an action in circuit court of the county in which the hospital is located. All remedies available in a common law tort action are available to a nursing staff if the nursing staff prevails in an action brought under this subsection and are in addition to any remedies provided in subsection (2) of this section.


In an action brought under subsection (1) of this section, a circuit court may do any of the following:


Issue a temporary restraining order or a preliminary or permanent injunction to restrain a continued violation of ORS 441.181 (Retaliation prohibited).


Reinstate the nursing staff to the same or equivalent position that the nursing staff held before the retaliatory action.


Reinstate full benefits and seniority rights to the nursing staff as if the nursing staff had continued in employment.


Compensate the nursing staff for lost wages, benefits and other remuneration, including interest, as if the nursing staff had continued in employment.


Order the hospital to pay reasonable litigation costs of the nursing staff, including reasonable expert witness fees and reasonable attorney fees.


Award punitive damages as provided in ORS 31.730 (Standards for award of punitive damages).


Except as provided in subsection (4) of this section, in any action brought by a nursing staff under subsection (1) of this section, if the court finds that the nursing staff had no objectively reasonable basis for asserting the claim, the court may award costs, expert witness fees and reasonable attorney fees to the hospital.


A nursing staff may not be assessed costs or fees under subsection (3) of this section if, upon exercising reasonable and diligent efforts after filing the action, the nursing staff moves to dismiss the action against the hospital after determining that no issue of law or fact exists that supports the action against the hospital. [Formerly 441.176]
Note: See note under 441.179 (Definitions for ORS 441.179 to 441.186).
Chapter 441

Atty. Gen. Opinions

Licensing and phantom beds, (1970) Vol 40, p 171; a hospital's employing a licensed physical therapist as unauthorized practice, (1975) Vol 37, p 963


Last accessed
Jun. 26, 2021