Can I sue DHS for health & trauma issues from past incident as a ward of Oregon?

Question

I recently developed serious health issues that I believe are related to my immunocompromised status from having been shot nearly 40 years ago by my foster family, resulting in the loss of my spleen. At that time, I was a ward of the State of Oregon. I have documented records from the incident, and I've also dealt with psychological and emotional issues immediately following the event, including a documented suicide attempt a year later. The state ignored my profound trauma and did nothing to address the aftermath, leading to a lifelong failure to thrive. Would it be possible to sue DHS for damages related to both my current and past conditions?

James L. Arrasmith · Answer

You may have grounds to pursue legal action against DHS in Oregon, but there are important limitations to consider. Suing a state agency often involves strict rules, such as notice requirements, statutes of limitations, and sovereign immunity protections, which can bar or limit claims for incidents that occurred decades ago. 
 
Since your case involves both physical and psychological trauma from being a ward, documenting the direct connection between the state’s actions or inactions and your current health issues will be critical. Medical records, historical documentation, and expert testimony could be necessary to support your claims. 
 
It’s crucial to consult with an attorney experienced in government liability or personal injury against state agencies to evaluate whether your case is timely and how to navigate procedural requirements. They can help determine if any exceptions apply, such as claims based on ongoing harm or newly discovered conditions. Acting promptly is important because delays can eliminate your ability to seek recovery.

Q: Can I sue DHS for health & trauma issues from past incident as a ward of Oregon?