Oregon Erb’s Palsy Laws | Angel Law, P.C.

A diagnosis of Erb’s palsy (a brachial plexus birth injury) raises urgent legal and medical questions. Families want to know whether a delivery-room mistake caused the injury, what deadlines apply in Oregon, and how to secure the resources a child will need for therapy, surgeries, and lifelong care. We wrote this guide to answer those questions in plain English.

Angel Law, P.C. investigates delivery care, works with independent medical experts, and builds claims that account for long-term costs and support. Our Portland-based team offers free consultations and contingency-fee representation for serious birth injury and medical malpractice cases.

Worried about an Erb’s palsy diagnosis? Call (503) 862-8666 for a free case review with Angel Law, P.C.—available 24/7.

When is Erb’s palsy malpractice under Oregon law?

Not every adverse outcome is negligence. To prove a medical malpractice claim in Oregon, parents generally must show:

The provider owed a professional duty of care during pregnancy/labor/delivery
The provider breached that standard (for example, by using excessive traction during shoulder dystocia, delaying C-section, or failing to follow accepted maneuvers)
The breach caused the brachial plexus injury
Damages (medical bills, therapy, future care, pain and suffering).

Angel Law, P.C. obtains prenatal and delivery records, fetal monitoring strips, and staff notes, and consults obstetrics/pediatric neurology experts to evaluate causation and standards of care. (See our Birth Injury and Medical Malpractice pages for how we build these cases.)

Oregon deadlines: statute of limitations, repose & special notices

The general malpractice clock

Oregon’s medical malpractice statute gives you two years from when the injury is discovered—or reasonably should have been discovered—to file suit. There’s also a hard five-year statute of repose from the date of the treatment, omission, or operation, which applies notwithstanding the usual tolling for minors. A narrow fraud/misrepresentation exception can extend the filing to within two years of discovering the fraud.

If the provider is a public hospital or state entity

If your claim is against a public body (for example, care at OHSU or another public hospital/clinic), you must give a Tort Claims Act notice—generally within 180 days of the injury (one year in wrongful-death cases). In addition, damages are capped by statute, with limits adjusted annually by the Oregon courts. (The Oregon Supreme Court has upheld applying OTCA caps to OHSU.)

What about Oregon’s general cap on noneconomic damages?

Oregon’s $500,000 noneconomic damages cap in ORS 31.710 does not apply to most personal-injury claims after the Oregon Supreme Court’s 2020 decision in Busch v. McInnis Waste Systems (as-applied violation of the state constitutional remedy clause). This is different from the OTCA caps that still apply to public bodies. Bottom line: the availability of damages depends on who the defendant is and the case facts.

What compensation can families seek in an Oregon Erb’s palsy case?

A successful claim may include: past and future medical care, therapy and assistive devices, home/vehicle modifications, future surgeries, lost income (parental caregiving time), and non-economic damages (pain, suffering, loss of normal life). If the defendant is a public body, statutory caps may limit recovery; if the defendant is private, the Busch ruling removes the general noneconomic cap for personal-injury survivors. Angel Law, P.C., also coordinates structured settlements and special-needs-trust planning to protect Medicaid/SSI eligibility when appropriate.

Building a strong Oregon Erb’s palsy claim: step-by-step

1) Preserve evidence. Request complete prenatal, labor/delivery, and neonatal records; save bills and insurance EOBs; document therapy plans and out-of-pocket costs.
2) Get an independent medical review. We retain OB, maternal-fetal medicine, and pediatric neurology/rehab experts to evaluate causation and standard-of-care breaches.
3) Calculate lifetime needs. Life-care planners project therapies, equipment, surgeries, and attendant care over a child’s lifespan.
4) Identify defendants & coverage. Providers, hospital systems, and staffing groups may share liability; if a public body is involved, meet OTCA notice deadlines and evaluate caps.
5) File before deadlines. We track the 2-year discovery limit, the 5-year repose, and any special notice rules—especially critical in birth-injury cases discovered months after delivery.

Oregon & Portland venue notes

Most birth-injury suits are filed in Oregon Circuit Court in the county where care occurred or where defendants reside (e.g., Multnomah County for Portland-area hospitals). Claims involving state entities proceed under the Oregon Tort Claims Act, with annually adjusted limits published by the state courts.

Why Angel Law, P.C.?

Focused on serious birth injury & malpractice. We keep a selective caseload to deliver detailed, hands-on work.

Trial-ready, results-driven. Former U.S. Marine leadership, courtroom experience, and recognized advocacy credentials.

Local insight for Oregon families. We know how Oregon statutes, discovery rules, and damage frameworks affect birth-injury cases—in private and public-entity settings.

Frequently Ask Questions

How long do I have to file an Erb’s palsy claim in Oregon?

Generally, two years from when you discovered (or reasonably should have discovered) the injury, with a five-year statute of repose from the date of the treatment/omission. The repose is hard to extend—even for minors—except in limited fraud/misrepresentation situations.

Does the five-year repose apply even if my child is under 18?

Yes. Oregon’s medical-malpractice statute says the five-year repose applies “notwithstanding” the usual tolling statute for minors (ORS 12.160). That’s why early investigation is essential.

What if the birth occurred at a public hospital like OHSU?

You must give a written Tort Claims Act notice by 180 days (or one year for wrongful death), and OTCA damages caps will apply. These caps are updated annually by the state courts.

Is there still a $500,000 cap on pain and suffering in Oregon malpractice cases?

For most personal-injury claims against private defendants, Oregon’s Supreme Court held in 2020 that applying the $500,000 noneconomic cap is unconstitutional as to injured survivors. Caps still apply to claims against public bodies under the OTCA.

What evidence helps prove negligence in shoulder dystocia cases?

Labor notes, timing of maneuvers, any use of traction, fetal monitoring strips, and expert opinions on whether accepted obstetric protocols were followed. Our team obtains and reviews those records with OB and pediatric neurology experts.

Will a settlement affect my child’s Medicaid or SSI?

Potentially. We can work with planning professionals to use special-needs trusts or structured settlements to preserve eligibility while funding long-term care needs. (General information only—get advice specific to your situation.)

Do I need to act now if therapy seems to be helping?

Yes. Early legal review protects your child’s rights, preserves records, and ensures you don’t miss Oregon’s filing deadlines or OTCA notice requirements if a public entity is involved.

Contact us

Get answers today. (503) 862-8666 or send a message for a free, confidential consultation with Angel Law, P.C. We work on contingency—no money up front.