O'Brien v. State

Plaintiff brought this action for medical malpractice against the State of Oregon for injuries that she allegedly sustained while a patient at the Oregon Health Sciences University. On the state’s motion, the trial court dismissed the claim as time-barred under ORS 12.110(4), which contains a five-year statute of ultimate repose for medical malpractice actions. The Court of Appeals reversed, holding that ORS 30.275(8) of the Oregon Tort Claims Act (OTCA), as amended in 1981, made statutes of ultimate repose contained in ORS chapter 12, including the one in ORS 12.110(4), inapplicable to…