When does the statute of limitations start for a surgery injury?

Question

I had a hernia surgery on April 7th and was sent home afterward. However, I experienced intense pain at home, resulting in an ambulance trip back to the hospital on April 8th. The emergency team conducted exploratory surgery, discovering a cut in my bowel leaking into my abdomen. The emergency surgeon informed me that the initial surgeon had nicked my bowel. The original surgeon later suggested he might have herniated my bowel when repositioning it, but I never received a definitive answer from him. I want to know if the statute of limitations for pursuing legal action starts on April 7th, when the initial surgery occurred, or April 8th, when the injury was discovered. I haven't consulted an attorney yet.

Brad Holbrook · Answer

I am so sorry for your pain. You have two (2) years to file a claim in court. If the hospital is a public entity (OSHU, et.al.), then you must file a tort claim notice within 180 days. It's as simple as providing notice to them that you have a claim.  
Plan on April 7 being your date--take no changes. But, if it was not reasonable for you to know of the claim until April 8th, you can argue that is when the statute of limitations starts. Please file sooner! However, you will need to have an expert testify that nicking the bowel is not within the accepted outcomes of the surgery. You will need to consult a good attorney who will get an expert for you. If you already have a favorable expert opinion, then this will ensure that you will find an attorney willing to represent you. I hope that you get a good result and am very sorry for what you've experienced. Best always, Brad

James L. Arrasmith · Answer

What you experienced sounds both painful and deeply unsettling, especially when there was no clear explanation or accountability. In Oregon, the statute of limitations for medical malpractice is generally **two years** from the date you discovered or reasonably should have discovered the injury. That means it doesn't automatically begin on the date of the surgery itself—it often starts when you became aware something went wrong, or when a reasonable person in your situation would have known. 
 
Based on what you’ve shared, April 8th—the day you were rushed back to the hospital and learned your bowel had been injured—would likely be considered the start of the statute of limitations period. That’s when you were informed by the emergency surgeon of the likely mistake made during the original procedure. Even if you weren’t given a definitive answer, the discovery of the bowel injury linked to the first surgery could mark the beginning of your legal window. 
 
It’s a good thing you’re asking about this now. Keep all of your medical records, emergency surgery notes, and communications with the original surgeon. You have every right to seek answers and explore whether this injury could have been avoided. You deserve clarity, and possibly compensation, for what you went through.

Q: When does the statute of limitations start for a surgery injury?