Harris v. Craig

Plaintiff, a prisoner in the Oregon State Penitentiary, brought this action against defendant physician for alleged malpractice in failing to diagnose plaintiffs medical condition. The cause of action arose in 1978. The complaint was filed in 1983. The trial court ruled that plaintiffs claim was barred by the two-year statute of limitations applicable to medical malpractice claims, ORS 12.110(4), and dismissed his complaint. The court further ruled that plaintiff could not take advantage of the disability statute, ORS 12.160(3),1 which on its face tolls the statute of limitations for…