Blog for Warren Allen LLP Attorneys at Law

Misdiagnosis & Medical Negligence Law: What You Should Know

Written by George McCoy on February 10, 2024. Posted in Medical Malpractice. No Comments on Misdiagnosis & Medical Negligence Law: What You Should Know

Medical negligence is a grave concern that affects numerous individuals worldwide. Within the broader scope of medical malpractice, misdiagnosis emerges as a significant issue that can lead to severe consequences for patients.

This article will explore the complex world of medical negligence law. We will focus on misdiagnosis, its implications, and the options available to individuals who have been harmed by negligent or inattentive medical professionals.

Understanding Medical Negligence and Misdiagnosis

Medical negligence, which falls under the umbrella of medical malpractice, occurs when healthcare professionals deviate from the standard of care expected in their field and thereby harm the patient. Misdiagnosis is a specific form of medical negligence in which a healthcare provider fails to diagnose a medical condition accurately or provides an incorrect diagnosis. This type of malpractice tends not to be malicious.

Misdiagnosis can stem from various factors, including inadequate examination, misinterpretation of test results, failure to order necessary tests or simply human error. Regardless of the cause, the consequences can be severe, leading to delayed or inappropriate treatment, worsening of the patient’s condition, and sometimes irreversible harm.

Legal Implications of Misdiagnosis

When a patient is misdiagnosed, they may have legal recourse under medical negligence law. To establish a case of medical negligence, the plaintiff must generally prove four key elements: the healthcare provider’s duty, any breach of that duty, the causation of harm, and the damages accrued.

In simple terms, this means that the plaintiff and their lawyer must prove that the healthcare provider owed a duty of care to the patient, generally through an agreement to treat a patient who has asked for assistance or treatment. Once this is proven, they must show that the provider failed to meet the standard of care expected of them in the medical field, thus breaching that duty of care and that duty caused direct harm or injury to the patient.

Once harm is established, one must draw up a list of quantifiable damages, both bodily and financial, that came about specifically due to the stated medical negligence. In the context of misdiagnosis, proving each of these elements can be a complex process, with the need for many things like expert testimony, a showcase of medical records, and a thorough understanding of the specific circumstances surrounding the case. Misdiagnosis as a legally liable branch of medical negligence is uniquely challenging to prove, as all four of the key elements we named above must be provable and verifiable.

Jurisdictions seem to be more receptive towards claims explicitly based on the idea of informed consent, where an individual thought themselves to be informed when giving consent but later found that they were unaware of the specific risks associated with a medical procedure or prescribed drug. The medical professionals who may find themselves guilty of medical malpractice and misdiagnosis include physicians, surgeons, psychiatrists, and dentists, but can also include nurses, midwives, medical assistants, and a wide range of allied health professionals.

Those who claim to be particularly skilled or specialists will find themselves operating under a higher duty of care based on the acceptable skill level and the idea of informed consent.

Options for Individuals Facing Misdiagnosis

When facing a misdiagnosis, seeking a second opinion from another healthcare professional is often the first step. Different perspectives may provide alternative diagnoses that better fit or alleviate the pain and symptoms of the previous errors. Often, a misdiagnosis can be remedied with a second opinion, and no further steps must be taken.

Complaints can be filed with the relevant medical board for individuals who believe they have experienced medical negligence past repair of a second opinion. While this might not result in immediate compensation, it can prompt investigations and any necessary disciplinary actions against the healthcare provider. If the wronged individual and the healthcare provider cannot reach an agreement, it may be necessary to file a lawsuit.

Before resorting to a lawsuit, any parties involved may opt for negotiations or mediation to settle the matter outside of court, which can be quicker and less adversarial. Though maliciousness should not be assumed or unassumed, an unintentional but clearly harmful misdiagnosis may find restitution early during these negotiations.

If negotiations fail, individuals may pursue a medical malpractice lawsuit with the help of the experts at Warren Allen Attorneys at Law. If necessary, this process would involve filing a complaint against the responsible healthcare provider or any governing board and seeking compensation for damages such as medical expenses, lost wages, and pain and suffering.

It is important to find out and keep in mind the statute of limitations, which will vary by jurisdiction or state. Failing to file a lawsuit within the allotted time frame may bar you or the injured individual from seeking compensation for damages, either caused or perceived.

In a successful medical malpractice lawsuit related to misdiagnosis and medical negligence, compensation may be awarded to the plaintiff for a variety of damages. These include reimbursement for medical bills associated with the misdiagnosis and subsequent treatment, any compensation for income lost due to the inability to work caused by the misdiagnosis, and any pain and suffering caused or experienced throughout the misdiagnosis. Damages can be awarded for the physical and emotional distress experienced as a result of the misdiagnosis. If it leads to long-term consequences, compensation may cover future medical expenses.

Misdiagnosis is a distressing experience that can have profound implications for an individual’s health and well-being. Understanding one’s rights and options within the framework of medical negligence law is crucial when seeking justice and compensation for the harm caused by a healthcare provider’s negligence. By knowing the available legal avenues and utilizing the resources of accomplished law firms like our team here at Warren Allen LLP, individuals can navigate the complex terrain of medical malpractice and work towards holding accountable those responsible for misdiagnosis. Call us, and let us walk you through the process of filing your medical negligence case.

How Do You Know Who’s At Fault in a Car Accident in Oregon?

Written by George McCoy on January 20, 2024. Posted in Personal Injury. No Comments on How Do You Know Who’s At Fault in a Car Accident in Oregon?

Getting into a car accident is never a pleasant experience, and when it happens in Oregon, understanding the nuances of determining fault becomes crucial. Oregon follows a no-fault insurance system and at first glance, that system may seem straightforward. However, the intricacies of this system, coupled with exceptions and legal considerations, demand a closer examination.

This article will break down the fault determination process in Oregon car accidents, shedding light on the state’s no-fault system and the pivotal role of a Portland personal injury lawyer.

The Basics of Oregon’s No-Fault System

The no-fault system in Oregon operates on the fundamental principle that each party involved in a car accident is responsible for their own injuries and damages, regardless of who caused the accident. This particular approach is designed to simplify the claims process, with each driver’s insurance covering their related medical expenses and losses.

However, this is not a one-size-fits-all scenario, as there are exceptions to the no-fault rule.

Exceptions to the no-fault system come into play when medical expenses exceed a predefined threshold or when injuries are deemed severe. An injured party may be eligible to pursue a claim against the at-fault driver in such cases. At this point, it is in their best interest to contact a lawyer like Warren Allen LLP and schedule a free consultation with one of our Portland personal injury lawyers.

These exceptions acknowledge the limitations of a strict, no-fault approach and ensure that individuals with significant damages have avenues for appropriate compensation.

Deciphering Fault In Oregon Auto Accidents

Understanding the foundations of fault determination is crucial for those navigating the aftermath of a car accident in Oregon. Thre are several factors that come into play with fault determination:

Foundations In Traffic Laws: The cornerstone of finding fault lies in carefully examining Oregon’s traffic laws and regulations. Rules regarding speed limits, right-of-way, and other traffic norms provide the framework for assessing liability. If any party involved in the accident violated these regulations, it can become a critical factor in determining fault.
Role Of Police Reports & Witness Statements: Law enforcement officers play a pivotal role in the post-accident scenario by creating detailed reports. These reports encompass the officer’s observations, statements from involved parties, and any observed violations of traffic laws. Additionally, witness statements can either corroborate or challenge the events leading up to the collision. The combination of police reports and witness statements aids in constructing an accurate narrative of the accident.
Insurance Adjuster Investigations: Insurance adjusters undertake thorough investigations to determine fault, utilizing resources such as police reports and witness statements. However, individuals involved in an accident must approach these investigations cautiously, recognizing the potential for biases. Seeking guidance from a Portland personal injury lawyer at Warren Allen, LLP will provide valuable assistance in navigating these complexities.
The Crucial Role Of A Portland Personal Injury Lawyer: The legal professionals at Warren Allen specialize in deciphering the nuances of Oregon’s no-fault system, ensuring that individuals receive fair compensation for their losses. A Portland personal injury lawyer emerges as an indispensable asset in the intricate landscape of fault determination.

Warren Allen LLC’s Portland personal injury lawyers serve as seasoned guides, steering clients through the legal complexities associated with fault determination. Their expertise in understanding the intricacies of Oregon’s no-fault system is instrumental in ensuring that individuals are treated fairly in the aftermath of an accident.

Assessing Damages & Negotiating Compensation

Beyond navigating legal complexities, Portland personal injury lawyers play a crucial role in assessing the full extent of damages incurred by their clients. From medical expenses to property damage, these attorneys meticulously quantify losses, enabling them to negotiate with insurance companies effectively and secure just compensation for their clients.

While the no-fault system streamlines the claims process, exceptions allow for litigation against the at-fault driver. In such scenarios, a Portland personal injury lawyer becomes an advocate, building a compelling case to demonstrate the opposing party’s liability. Their expertise in litigation ensures that clients receive due compensation for the damages suffered.

Prompt Reporting & Documentation

Prompt reporting of the accident to law enforcement and insurance companies is crucial. Documenting the scene through photographs and collecting witness contact information provides essential evidence for fault determination and subsequent claims.

Avoid Statements That Admit Fault

In the aftermath of an accident, individuals should exercise caution and refrain from making statements that may be construed as admissions of fault. Consulting with a Portland personal injury lawyer before providing statements to insurance companies is a prudent step to safeguard legal interests.

Securing Legal Representation Early

Engaging the services of a Portland personal injury lawyer early in the process significantly influences the trajectory of a case. These attorneys bring a wealth of experience to the table, ensuring that clients’ rights are protected and that they receive fair compensation for their damages.

In conclusion, determining fault in a car accident in Oregon involves a comprehensive understanding of the state’s unique no-fault system. From traffic laws and police reports to the indispensable role of a Portland personal injury lawyer, various factors contribute to this intricate process. By adhering to best practices, promptly reporting accidents, and securing legal representation when needed, individuals can navigate the aftermath with greater clarity and confidence.

The expertise of a Portland personal injury lawyer emerges as a crucial asset in unraveling the legal complexities and ensuring a fair resolution for those affected. As individuals seek to recover from the physical, emotional, and financial toll of an auto accident, the guidance of a Portland personal injury lawyer becomes paramount, providing a sense of justice and a pathway to fair compensation. With the right approach and support, individuals can navigate the complexities of fault determination and emerge with a fair resolution in the aftermath of a car accident in Oregon. If you’ve been in an accident and need legal help, reach out to us at Warren Allen today.

Navigating Legalities of Child Custody in Family Law

Written by George McCoy on January 10, 2024. Posted in Family Law. No Comments on Navigating Legalities of Child Custody in Family Law

Protecting the mental, physical, and emotional well-being of a child is the most important part of establishing child custody. For Pacific Northwest family law, several complex factors can contribute to the custody decision. Our experienced attorneys at Warren Allen can help navigate the legal requirements for a child custody agreement.

Below is a helpful guide on the types of child custody arrangements, the factors that affect custody decisions, and how an attorney can help you determine the right action plan.

Types of Child Custody

There are two types of custody arrangements established in Oregon law. The first is called joint custody, which can be a confusing term. Joint custody simply means that both parents share equal responsibility for the decisions made for a child, even when the child lives primarily with one parent.

Joint custody might look like a child lives with one parent during the school year and the other during summer. It might also mean that a child lives with a parent one week and the other during the opposite week. Some agreements might have the child with one parent during the week, and the other on weekends and holidays. For the courts to grant a joint custody arrangement, both parties need to agree on the arrangement’s terms.

The second is called sole custody. This means that one parent will be the designated primary parent and make all the decisions regarding the care of the child. Sole custody can happen when parents don’t agree to a joint custody plan or the court determines it is better for a child to remain with one parent.

Both parents will almost always have the right to access the child’s school, medical, dental, police, and counseling records and authorize emergency medical care if necessary. However, certain factors affect the court’s decision on what type of child custody is awarded and if there are any restrictions on the parents.

Factors that Affect Child Custody

The primary factor that affects most child custody scenarios is the parents themselves. If parents are already agreeable to an arrangement, this eases the process immensely. If that is not an option, the court will consider several factors to develop a custody agreement.

The judge will use the information presented to determine what is in the best interest of the child. They will consider things like who the primary caregiver has been. If the child needs physical and mental accommodations, that is another consideration. The court will also consider the child’s preference of which parent they want to live with. The strength of family relationships with other family members is also another consideration.

The fitness of each parent and their ability to offer a safe and stable home is considered. Whether or not each parent has taken an interest in the child or children, their attitude towards the child and maintaining a relationship is another factor. Whether each parent is encouraging and facilitating a close relationship with the other parent can affect the outcome of a custody agreement.

The court will also consider if there has been abuse by the parent to either the child or the other parent. The court also considers any evidence of a history of substance abuse, crime, or violence. The court will also look at a parent’s lifestyle, marital status, income, or social environment and consider if adequate child care is in place when the parent is at work.

If any of these is determined to be harmful to the child, they can be factors in determining custody. The court may order supervised visits and potentially give sole custody to one of the parents if it feels it’s in the child’s best interest.

How An Attorney Can Find the Right Plan

It’s essential to have a Pacific Northwest family law attorney to help you navigate the legal complexities the court requires while coming up with a plan that works for you and your child. Even if both parties agree, it’s important to have an experienced attorney look for potential issues that may come up. When the parties don’t agree, you’ll need an attorney to ensure your rights and your child’s rights aren’t violated.

The courts require a parenting plan to be a part of the process for determining child custody. The parenting plan helps parents determine the physical, mental, and emotional needs of the child or children. It will also outline the time each parent will spend with their child, known as “parenting time.”

Parenting time is also used to determine any child support. The plan outlines who makes decisions, the weekly schedule, vacation and holiday schedules, how parents will exchange their children from one home to the other, and will clearly delineate other decisions and obligations both parents agree to.

Having an attorney oversee this process can help ensure you’re not missing vital information the court will require or mistakingly agreeing to something you didn’t have to agree to.

Unfortunately, there are too many instances where this situation is tense and strenuous. Having an attorney will help you know your rights, file for temporary parenting plans if necessary, and help ensure that you are not breaking any laws. If the situation is unsafe for you or your child, knowing what protections are available to you and how to access them is important. A good family law attorney is there to help you gather the information that the court will need, navigate these difficult situations, and develop the right action plan. Navigating a child custody agreement can be one of the most challenging and emotional times for parents and children. Our experienced family law attorneys at Warren Allen are here to help and guide you with our extensive knowledge and solid experience. Schedule a consultation with us today to help you navigate the best outcome for you and your child.

Common Types of Personal Injury Cases and How to Handle Them

Written by George McCoy on December 20, 2023. Posted in Personal Injury. No Comments on Common Types of Personal Injury Cases and How to Handle Them

You might have seen commercials for personal injury lawyers talking about fighting for your rights if you’re the victim in an accident with a semi-truck or if you have gotten sick as a result of using specific products. Although vehicular accidents and product liability are common types of personal injury cases, there is a range of issues that can fall under the umbrella of “personal injury.”

What constitutes personal injury according to the law? Any time you sustain an injury as a direct result of the actions or negligence of another person or entity (such as your place of employment, a government agency, a business, etc.), you might have a personal injury case. As in other states, Oregon personal injury law has a statute of limitations deadline for filing this type of case. In Oregon, you must file your claim within two years of sustaining the injury.

How can a personal injury lawyer help? Usually, personal injury lawyers work to get financial compensation from the responsible party to help you with medical bills, lost wages, repairs, pain and suffering, and loss of quality of life.

Below are descriptions of the most common types of personal injury cases and how personal injury lawyers, like the Warren Allen LLP team, handle them.

Types Of Personal Injury Cases

It’s important to remember that the term “personal injury” does not exclusively mean “bodily injury.” In some cases, you can suffer mental or emotional damage as the result of someone else’s actions or inaction, and the law recognizes these issues as personal injury.

Vehicular Accidents

Accidents involving vehicles are prevalent. According to the Centers for Disease Control and Prevention, road traffic crashes are the leading cause of death in the United States for people between the ages of 1 and 54. Vehicular accidents can occur with any type of vehicle, including bicycles, boats, airplanes, and mass transportation like buses or trains. If you are a pedestrian or cyclist struck by a vehicle, you may also have a valid personal injury claim.

Oregon adheres to a traditional “fault-based” system, meaning the person at fault is held responsible for any resulting damages or harm. Personal injury lawyers often help clients navigate the insurance claims process, analyze insurance policies and negotiate with the insurance company, gather evidence like police reports or eyewitness accounts, and represent you in court if needed.

Slip And Fall Accidents

As the name suggests, slip-and-fall accidents are when an individual slips or trips, falls and sustains an injury on another person’s property. A more formal name for this type of personal injury case is a premises liability claim. If you slipped and fell due to negligence, the property owner or the person responsible for the property at the time of the incident might be required to compensate you financially for your injuries.

Some common causes of slip and fall accidents are snow and ice accumulation on a sidewalk, missing handrails, poor lighting, liquid spills, uneven surfaces or poorly maintained stairs, flooring, etc. If the property did not take proper precautions, like posting warning signs or ensuring appropriate maintenance, they could be held liable.

Premises liability cases are not restricted to businesses. Individual homeowners can also be liable if you can prove you were injured on their property due to negligence.

Hiring a personal injury lawyer for a slip and fall case is a good idea because they understand what is necessary to establish negligence in the eyes of the law. They can arrange for an assessment of the premises, gather appropriate evidence to prove negligence, negotiate with property owners or insurance companies as needed, and represent your case in court if you cannot reach a fair settlement.

Product Liability

When you purchase and use a product, you put a certain amount of faith in whoever designed, manufactured, and sold you that product. They have a legal and moral obligation to ensure that the products they provide are safe for consumers. If you use the product as intended, but it damages you or your property because of a product defect, you might have an avenue open to pursue a product liability claim and recoup money for the resulting damages.

Working with a personal injury lawyer who understands Oregon’s product liability laws is usually best. The total damages for which you may be eligible might be reduced because of the “comparative” fault of you as the user.

Try to keep as much of the defective product together as possible so that your attorney can work with experts to investigate and gather evidence. Experienced attorneys can also negotiate with manufacturers and insurance companies on your behalf. If proper compensation is not provided, your personal injury lawyer can help you file a lawsuit and represent your interests in court.

Animal Bites

Unfortunately, over 4.5 million people are bitten by dogs in the United States annually. Dog or other domesticated animal bites can cause physical injury that requires medical care but can also result in psychological damage.

As with other types of personal injury cases, your lawyer will help assess the liability of the animal’s owner and negotiate with them, their insurance company, or their attorney, if necessary. Depending on the case, your attorney might seek compensation for medical expenses, therapy, counseling, lost wages, or other damages related to pain, suffering, or loss of quality of life, especially if injuries were severe or had long-term consequences.

Medical Malpractice

Healthcare providers always strive to diagnose and treat our illnesses and injuries correctly. However, they are human, and there might be times that you experience substandard medical care. A missed diagnosis, a wrong diagnosis, or an error during surgery can result in significant physical and emotional injury.

Working with a personal injury lawyer is especially important in medical malpractice cases because expert medical evidence and testimony will most likely be required for a successful case. Your attorney will work with experts to review medical records and assess the standard of care. Your attorney can also negotiate with insurance companies and work with you to file a lawsuit.

Workplace Accidents

While a workers’ compensation insurance claim might be the first and most appropriate route for accidents at work, in some cases, you may also be eligible to make a personal injury claim. If a third party (like the manufacturer of a defective product) was involved in the incident, you could file a personal injury claim against them. Consulting with legal experts is the best way to ensure you receive everything you are due from everyone who might be at fault.

No matter what type of personal injury case you might have, working with experienced attorneys who understand Oregon personal injury law is essential to getting the help you need. Don’t let the medical bills pile up while you try to deal with insurance companies alone.

Call our personal injury team at Warren Allen, LLP. They will offer sound legal advice and representation as they work to get you the appropriate compensation and the best resolution to your situation.

Personal Injuries and Emotional Distress: Understanding Your Claims

Written by George McCoy on December 10, 2023. Posted in Personal Injury. No Comments on Personal Injuries and Emotional Distress: Understanding Your Claims

After you incur a personal injury, you often experience physical pain and suffering. What you don’t realize is you may also experience emotional distress. Though you may not be able to see it, emotional distress can be just as traumatic as a physical injury, if not more.

This article will help explain emotional distress, how it can relate to an accident or injury, and how it might apply to your personal injury claim.

What is Emotional Distress?

When it comes to a personal injury claim, emotional distress is defined as “mental suffering as an emotional response to an experience that arises from the effect or memory of a particular event, occurrence, pattern of events or condition.”

Emotional distress can manifest itself in many different ways, which may not be evident at first. It could even be brushed aside and attributed to physical injury. Knowing the signs and symptoms of emotional distress can help you understand how it’s affecting your mental health.

Some common signs of emotional distress include, but are not limited to:

subtle personality changes
crying spells or bursts of anger
increased use of alcohol or drugs
changes in appetite or difficulty eating
increasing physical distress symptoms such as headaches or stomach pains
feeling guilty, helpless, or hopeless
avoiding family and friends, isolating
trouble keeping track of things or remembering

Since some of these symptoms can be masked by physical injury, it is vital to be aware of any emotional changes you may be feeling, regardless of your bodily injury status. Keep a journal and note the changes in your mental health. If you notice any of the signs above, getting the support you need is vital.

Understanding the Legal Basis for Emotional Distress Claims

Whether it’s a car accident, a workplace incident, or a slip and fall, the impact of personal injuries can extend far beyond physical pain. Understanding the connection between personal injuries and emotional distress is crucial when it comes to seeking compensation for your suffering.

Emotional distress claims are a subset of personal injury claims that focus on the psychological harm suffered by the victim. These claims assert that the negligent or intentional actions of another party caused significant emotional distress, resulting in mental anguish and psychological trauma. While physical injuries may be more visible and tangible, emotional distress claims recognize the profound impact that psychological harm can have on a person’s well-being. By understanding the legal basis for emotional distress claims, you can better navigate the legal process to seek appropriate compensation.

How Does Emotional Distress Affect You?

Physical Injuries

The pain, suffering, and lifestyle changes that accompany physical injuries can encompass a wide range of emotions, including fear, anxiety, anger, depression, loss of enjoyment of life, and even post-traumatic stress disorder (PTSD). Our personal injury lawyers in Portland can help you recognize and identify the validity and impact of emotional distress on a person’s mental health and overall quality of life. It’s essential to address these emotional impacts alongside the physical ones when seeking compensation.

Psychological Trauma

Psychological trauma resulting from personal injuries can have far-reaching consequences on emotional well-being. Witnessing a traumatic event, such as a serious accident or violence, can cause severe psychological distress. This trauma can manifest as nightmares, flashbacks, and intense fear, affecting daily life and mental health. Recognizing the psychological impact of personal injuries is crucial in understanding the full scope of emotional distress.

Chronic Illness

Personal injuries aren’t always limited to isolated incidents but can also encompass chronic illnesses and conditions. Coping with a chronic illness can take a toll on a person’s mental health, leading to emotional distress. The constant pain, limitations, and uncertainty associated with chronic illnesses can contribute to feelings of frustration, sadness, and anxiety. Acknowledging the emotional burden of chronic illnesses is essential when seeking compensation for the overall impact on one’s well-being.

Long-Term Effects of Emotional Distress on Mental Health

Emotional distress can have long-lasting effects on mental health if not effectively addressed. Untreated emotional distress may lead to chronic anxiety, depression, and other mental health disorders. By understanding the potential long-term consequences, it becomes evident that seeking compensation for emotional distress is not only fair but necessary to obtain the resources for proper treatment and support.

Establishing Duty of Care in Personal Injury Cases

To pursue an emotional distress claim, it is crucial to establish the legal concept of duty of care. This concept recognizes that individuals and entities have a legal obligation to act responsibly and avoid causing harm to others. Proving that the party responsible for your personal injury owed you a duty of care is essential in building a solid emotional distress claim.

Causation is another critical element in emotional distress claims. It requires demonstrating that the personal injury directly caused the emotional distress suffered. Establishing this link may involve medical records, expert testimony, and evidence of the emotional impact experienced. By connecting the personal injury to the emotional distress, you strengthen the foundation of your claim.

Determining the Level of Emotional Distress

Emotional distress claims often require meeting a threshold to be eligible for compensation. This means that the emotional distress experienced must reach a certain level of severity, causing significant harm and disruption to one’s life. While the exact requirements vary depending on jurisdiction, understanding the severity threshold is imperative in evaluating the strength of your emotional distress claim.

When it comes to proving emotional distress in personal injury cases, documentation is key. Keep a record of any mental or emotional symptoms you experience after the incident. It’s also helpful to track any changes in your daily life, relationships, or work performance attributed to your emotional distress. Save any relevant documents, such as medical records or therapy session notes, that support your claims.

Seeking legal advice is always advisable to navigate this complex aspect of your case. Our personal injury lawyers in Portland can help you understand how your particular injury impacts your emotional well-being. If you believe you or a loved one has sustained a personal injury, contact Warren Allen, Attorneys at Law, to schedule your free consultation with one of our personal injury lawyers in Portland.

Medical Malpractice: How to Pursue Justice for Your Injuries

Written by George McCoy on November 20, 2023. Posted in Medical Malpractice. No Comments on Medical Malpractice: How to Pursue Justice for Your Injuries

Most of the time, when you go to a healthcare provider, it’s to cure an ailment; you feel sick, you make an appointment, they provide a service or treatment to make you feel better, and you go on with your life. Your appointment usually goes that smoothly, and you don’t give it another thought. But what if something out of the ordinary happens and things don’t go as smoothly as you think they should?

Unfortunately, some healthcare workers can make you feel worse instead of better, resulting in injury and, in severe cases, even death. Suppose you believe you or a loved one has been injured while seeking medical treatment. In that case, it is in your best interest to retain a medical malpractice attorney in Oregon as soon as possible.

Medical Error vs. Medical Malpractice

At the heart of all medical malpractice cases is determining whether the injury was due to medical error or medical malpractice. So, what exactly is the difference between the two?

A medical error is defined as a preventable adverse effect of care, whether or not it is evident or harmful to the patient. Medical error might include an inaccurate or incomplete diagnosis or treatment of a disease, injury, syndrome, behavior, infection, or other ailment.

On the other hand, medical malpractice is defined as a legal cause of action that occurs when a medical or healthcare professional, through a negligent act or omission. It must deviate from standards in the medical provider’s profession, causing injury or death to a patient. Negligence might arise from diagnosis, treatment, aftercare, or health management errors.

As you can see, the two definitions are startlingly similar. Simply put, medical errors are unintentional, while medical malpractice involves negligence or malice. In most cases, there is a very fine line between the two, which makes medical malpractice cases some of the most complicated claims to prove. To say these lawsuits are incredibly detailed would be an understatement, which makes it nearly impossible for someone without a law or medical degree to win. In fact, due to Oregon State’s complex and ever-evolving medical malpractice laws, even the most seasoned medical malpractice attorneys can find these types of cases difficult.

Starting the Process

Schedule your free consultation with Warren Allen, Attorneys at Law, and our team of experienced medical malpractice attorneys specializing in Oregon State law will be there for you. We can help you determine if your or your loved one’s injuries constitute a valid medical malpractice claim and help you seek justice for your injuries.

Several initial steps will be taken, including but not limited to:

Making sure your claim meets the minimum criteria. Your medical malpractice claim must be filed within Oregon State’s statute of limitations, though exceptions exist. Since every case has different circumstances, be sure to consult with your medical malpractice attorney before assuming your claim is invalid.
Initiating contact with those responsible for the incident. It is vital to understand what went wrong and explore potential remedies. Medical professionals are generally very cooperative and willing to provide the necessary services to address your issue, as they’d rather settle the dispute before it escalates to an official legal matter.
Filing a claim with Oregon State’s medical licensing board. You should file this claim regardless of whether or not you choose to retain one of our medical malpractice attorneys in Oregon, as it will prompt an official investigation by Oregon State’s medical licensing board. That investigation will notify the medical professional in question, as well as the medical facility in which they are employed. The medical board’s investigation could significantly help your case, and it could even help move your settlement along faster. At the very least, it might possibly prevent injury to others while the investigation is underway.
Reviewing and maintaining your claim details and paperwork. This sounds like a simple enough task, though it may be the most complicated step of all. Every piece of documentation relating to your case is important, including something as simple as a gas station receipt. Gathering as much evidence as possible, such as medical records, witnesses, testimonials, medical assessments, depositions, investigations, and any other additional resources along the way, will only strengthen your case.
Be open to settling out of court. This benefits both parties, especially considering medical malpractice cases can be costly and lengthy, sometimes dragging on for months and possibly years. An astonishing 96 percent of these cases settle out of court with attorneys negotiating a reasonable monetary settlement. Your medical malpractice attorney will advise you on the best strategy for your particular case and help you make an informed decision, as it is ultimately up to you.

Legal Fees

If you’ve suffered from medical malpractice, you don’t need the added hassle of pursuing an ongoing and possibly costly lawsuit on your own. All of the details listed above can be extremely overwhelming, especially when you’re already suffering physical and/or emotional anguish – but you don’t have to do it alone. The attorneys at Warren Allen are here to relieve some of your burden and fight for you.

Our medical malpractice attorneys will navigate the labyrinth of Oregon State’s medical malpractice laws and the mountains of paperwork that come along with every medical malpractice claim while you focus on recovery. You may think you can’t afford a medical malpractice attorney, but I have good news for you! Our legal fees are contingent on your case settlement, so we don’t get paid unless you do.

Whether you’re just starting the medical malpractice process in Oregon State or have inquiries about your case, seeking sound legal advice is crucial. Schedule your free consultation with one of our medical malpractice attorneys in Oregon today, and let the legal experts at Warren Allen, Attorneys at Law, address all of your concerns.

Traumatic Brain Injuries: Seeking Compensation and Support

Written by George McCoy on November 10, 2023. Posted in Personal Injury. No Comments on Traumatic Brain Injuries: Seeking Compensation and Support

According to the Brain Injury Association of America, approximately 2.8 million people sustain traumatic brain injuries annually in the United States alone. Although there is a wide range in severity, symptoms, and causes, this type of injury can be a life-altering event for an individual and their family.

You may be entitled to financial compensation if you have suffered a traumatic brain injury due to an accident or someone else’s negligence. Discussing your situation with a personal injury lawyer in Portland, like the expert team at Warren Allen, LLP, can help answer your questions and get you started on the road to recovery.

Types Of Traumatic Brain Injuries

As the name suggests, a traumatic brain injury (TBI) is an injury to the brain that affects how it functions. Generally speaking, there are two major types of TBIs. When an object penetrates the skull and damages brain tissue, it is commonly known as a penetrating or open TBI. Open TBIs often occur in accidents involving machinery or vehicles, like car accidents.

A non-penetrating or closed TBI most often occurs due to an external blow or jolt to the head or body that is forceful enough to move the brain inside the skull dramatically. These types of TBIs are more common in falls or sports. In some instances (e.g., natural disasters or serious accidents), an individual can experience both types of TBI simultaneously.

Common Symptoms

The brain is incredibly complex, so symptoms may not appear immediately but might develop or worsen over time. Sometimes, it can take weeks to know the full extent of the injury as the brain and the body work to recover from the initial trauma.

If you are in an accident or experience a blow to the head, it’s always a good idea to see a doctor, even if you’re not showing any symptoms. However, it’s imperative to seek medical help if you notice any of the following symptoms within 24 hours of sustaining a TBI:

Headache
Nausea/vomiting
Seizures
Vision problems (blurriness, double vision, unevenly dilated pupils, light sensitivity)
Loss of, change in, or decreased consciousness
Disorientation or confusion
Difficulty with memory, concentration, or decision-making
Changes in mood (anxiety, depression, agitation, irritability, anger, emotional outbursts, unusual behavior, etc.)
Slurred speech
Problems with hearing (ringing in the ears or sensitivity to sound)
Clear fluids from the nose or ears
Loss of balance, dizziness, lack of coordination
Weakness in limbs or face
Sleep issues (excessive or unexplained fatigue, drowsiness, difficulty falling asleep, sleeping more than usual, no energy, lack of motivation, inability to wake up)
Unpleasant taste in the mouth

Personal Injury Cases Involving Traumatic Brain Injuries

When it comes to the law, the term “personal injury” refers to physical or emotional pain, suffering, or harm resulting from someone else’s negligence or an accident that was not your fault. Many different events can result in a TBI, so if you have been involved in one, you might have a personal injury case.

Some of the most common incidents causing a TBI can include the following:

Vehicular accidents: including cars, bikes, motorcycles, trucks, boats, etc. TBIs may happen from a collision between vehicles, being thrown from a car, or if you are a pedestrian or a cyclist struck by a vehicle.
Slip and fall accidents: especially if the fall includes hitting your head on a hard surface.
Accidents in the workplace: head injuries are common at construction sites or when working with heavy machinery.
Sports or recreational activities: contact sports like football or roller derby and recreational activities like skiing, snowboarding, dirt bikes, or mountain climbing can result in collisions, impacts, falls, and other head injuries.
Medical malpractice: mistakes in medical procedures or other issues while under a doctor’s care can sometimes result in a TBI.
Defective products: when a product like a bike helmet or a car seat is faulty, the user might suffer a TBI when the product does not protect them as it should.
Dog bites: A TBI might occur if a dog attack is severe, especially if the dog bites the face or head.
Premises liability or negligence: if a head injury occurs at a business or even a private property, the property owner might be held responsible if adequate and appropriate safety measures (e.g., warning signs about falling rocks or slippery surfaces, railings, etc.) were not taken.

As previously noted, seeking medical help and documenting all symptoms, diagnoses, and treatments is essential if you experience a TBI, no matter the precipitating cause. As brain injuries often have long-lasting or permanent effects, a medical professional should evaluate the extent of your injury and discuss treatment options and what types of impacts you might expect in the future.

How To Get Compensation For A TBI

When you meet with a legal expert, like a personal injury lawyer in Portland, Oregon, at Warren Allen, LLC, they can evaluate your situation, help you build your case, and seek compensation, if warranted.

In general, a personal injury lawyer will assist you in:

Establishing negligence – usually, you must demonstrate that you were injured due to someone else’s fault or negligence.
Collecting evidence – gathering together as much evidence as possible, including medical records and diagnoses, accident reports, surveillance footage, eyewitness statements, prescriptions, doctor’s notes, treatment plans, pictures of injuries (like dog bite marks) or locations, etc., can all be helpful for your case.
Determining damages – a legal expert will be up-to-date on the amount and type of compensation you might be eligible for, such as loss of income, emotional distress, pain and suffering, any physical rehabilitation or long-term care you might need, therapy, counseling, medical care, reduced quality of life, etc.
Representing you in negotiations, settlements, or litigation – whether working with insurance companies or other parties involved in an accident, your attorney can best negotiate on your behalf and present your evidence. Parties often prefer to settle out of court, but should your case go to trial, a personal injury lawyer can represent your interests and work for fair compensation.
Appealing an unfavorable verdict – if a judge rules against you, your attorney can help you navigate the court system to file an appeal, if appropriate.

Once the court rules in your favor, you will receive financial compensation. This compensation often comes through the other party’s insurance company but sometimes comes in a structured settlement or payment plan rather than a lump sum.

TBI Information And Support Groups

Dealing with some of the long-term consequences of a TBI can be expensive and emotionally draining for individuals and families. Thankfully, some federal and state resources are available that provide additional support. A quick Google search can point you toward many different resources, but the following are some places to start.

The Centers for Disease Control and Prevention lists where to get help in your state. The organizations listed provide helpful information about what to expect when you have a TBI, fact sheets, support groups for individuals and families, and other resources as you recover.

Financial Assistance

Suffering from a TBI can be a financial burden. Many families require outside financial assistance between medical bills, ongoing care, lost wages, or an inability to work. Federal assistance might be available through the Social Security Disability Insurance and Supplemental Security Income programs.

Benefits.gov is a free website that allows you to search through over one thousand government programs to see if you are eligible for financial benefits and assistance.

Other Assistance

Each state has its own Department of Rehabilitation or Department of Vocational Rehabilitation Services to help residents with disabilities, including brain injuries, find employment and access resources. The Job Accommodation Network provides contact information for each state office. You can apply in person or online. If accepted, you can work with a case manager who will assist you in seeking employment suitable for you, choosing the best doctors for any long-term care you need, finding appropriate housing, accessing resources to help you live independently, and providing educational resources about your TBI for family members and coworkers.

If you have suffered a TBI due to an accident or someone else’s negligence and want to talk to a personal injury lawyer in Portland to see if you have a case, contact Warren Allen, LLP today. We have years of experience dealing with all types of personal injury cases. Let our team be your team!

Property Division Under Oregon Divorce Laws: What to Expect

Written by George McCoy on October 20, 2023. Posted in Family Law. No Comments on Property Division Under Oregon Divorce Laws: What to Expect

Going through a separation and divorce is one of the most stressful experiences a person can have. Financial security, distribution of assets, and even alimony and child support considerations can be huge stressors, along with the emotional toll that divorce causes. There are many aspects to Oregon divorce laws, and reliable, knowledgeable, and skilled divorce attorneys are necessary to help navigate them.

Our experts here at Warren Allen LLP field many questions about property division and how it works. While there is no way to determine what judicial order might encompass, there are ways to gather and provide as much information as possible to help your divorce be less stressful. Here is a short guide on property division under Oregon divorce laws and what to expect:

Equitable Distribution

Oregon is considered an equitable distribution state. Equitable distribution means the court will consider several factors in dividing up marital assets and what they believe to be marital assets to divide them up equitably. In some ways, this is an attempt to have a fairer distribution versus community property, where everything is divided 50/50.

The types of property that the court considers are real property and personal property. Real property is any land, buildings, homes, and condominiums. Mobile homes on rented land are not regarded as real property.

Personal property can include cars, jewelry, furniture, pension plans, retirement accounts, bank accounts, investment accounts, airline miles, cash on hand, and businesses. Any art collections, valuable collections, even life insurance policies, expected inheritances, and annuities are to be documented in what is submitted to the court.

Types of Documentation Needed

This is where part of the nuances of equitable distribution comes into play. While it may seem like Oregon divorce laws are attempting to be more fair in the distribution, proper documentation and evaluation are needed in order to do that. Providing the correct documentation of assets and liabilities is critical.

Real property requires an appraisal. Any businesses will also need an appraisal. Some personal property like vehicles, jewels, art, and collections will also need some form of assessment. Also crucial for documentation is the dates when either party in the marriage acquired these items. In some instances, assets and liabilities may not be subject to splitting under equitable distribution.

All mortgages, loans, credit cards, pending college tuition payments, student loan debts, and even pending lawsuits should be documented in what is given to the court. Even outstanding debt on businesses, tax debt, and future tax debt need to be considered.

While the court does not require documentation other than what they request, if there is a dispute on any of the value of any items, it’s better to have documentation available to support it. Consider gathering deeds, titles, bank and credit card statements, and other relevant information. If there were a prenuptial agreement, a copy would most assuredly be relevant in this case.

Filings to Submit to the Court

The court requires a submission of all of the assets, real and personal properties in the Statement of Assets and Liabilities form. This is where things get very specific, and distinctions are to be made. The courts want respondents to file this jointly and come to a decision on how and what is divided, but sometimes, that is not possible. If that is the case, each party needs to file this statement.

Regarding retirement accounts, the courts require filing a Qualified Domestic Relations Order (QDRO). This is a complex document with the specific language needed by the financial and pension institutions in order to distribute. Incorrectly filing this out will be costly regarding time and money and is critical to the next step in the divorce process. The QDRO will instruct the retirement account holders on how these accounts will be split up and enable them to create two separate accounts based on that information.

Considerations Under Equitable Distribution

Most people don’t realize that these filings are to be agreed upon before submitting, if possible. Distributions must not be equal to be considered fair and equitable. This is where documentation and evaluation come into play.

Consider assets acquired before the marriage, like a house. Factors like how long the marriage lasted, how much the other spouse contributed to maintaining or renovating, and if they contributed towards the mortgage all become relevant to the distribution of this asset. If the house increases in value during the marriage, it can also affect how this asset is considered under distribution.

The same goes for debt. If a spouse had secretly run up credit cards for a gambling addiction and the other spouse was unaware, this might be considered differently. Still, if a spouse gets into debt after the separation, that might also be factored in. If there is business debt and even future expenses like tuition are all factors that weigh into equitable distribution.

There are a lot of factors that the courts consider when doing property division, and it can be complex. The court will look at many factors, including the age and health of the spouses, how much financial contributions each spouse made, and the earning power of each spouse. Child support, alimony, and current lifestyle are all considerations. The court considers non-financial contributions to the marriage, like a spouse made into the marriage for the other spouse to be successful in their career.

Property and asset division will usually come up in any divorce. While parties are expected to come up with an agreement, sometimes that isn’t possible without professional help. You can find expert advice from our team at the Warren Allen LLP website. Our experience has helped Portland area residents for decades, and you can count on our excellence in helping you navigate this difficult time in your life.

Choosing the Right Personal Injury Lawyer for Your Case

Written by George McCoy on October 10, 2023. Posted in Car Accident, Personal Injury. No Comments on Choosing the Right Personal Injury Lawyer for Your Case

It can be a frightening place to be when you or a loved one are hurt, and then you have to navigate a legal case on top of the healing process. How do you know when to get a personal injury lawyer involved and how to pick the right one when you do? For many, legal issues can be daunting.

Here at Warren Allen LLP, Attorney at Law, we know Oregon personal injury law better than anyone, and we want to help you feel confident when hiring your personal injury lawyer. We have compiled some excellent tips on choosing the right personal injury lawyer for your case.

When Do You Need a Personal Injury Lawyer?

If you have been injured because of someone else’s negligence or wrongful actions, you might struggle with financial difficulties caused by missed work and medical expenses. Recovering compensation for these damages can be challenging, but a personal injury attorney can provide valuable assistance.

Personal injury attorneys handle a range of cases, including car accidents, slips and falls, medical malpractice, workplace injuries, product defects, dog bites, wrongful deaths, and nursing home abuse. They possess the necessary expertise to navigate legal procedures, gather evidence, negotiate with insurance companies, and represent clients in court to secure the compensation they deserve for their injuries and losses.

What To Look For

Look for References

When you hire a professional to do a job for you, you should look at their references and track record. Finding the right lawyer is not an exception. Many people have worked with a personal injury lawyer, so ask family, friends, and coworkers.

Both good and bad experiences can be helpful, but any good experiences will help you build a list of which lawyers to research further. You can also check sites like Martindale for peer reviews of law firms and individual lawyers.

When looking for a lawyer to handle your personal injury case, it is also good to consider their place of business. It’s a good practice to select a lawyer who operates from a professional office, as personal injury cases can be complex and require meeting numerous deadlines. A professional office indicates that the lawyer has efficient processes in place to handle their workload.

A messy office won’t necessarily mean they are a bad lawyer; many attorneys have piles of files in their offices. However, your lawyer should be punctual for meetings and quickly respond to your inquiries.

Experience

You want to make sure that you are working with someone with experience in personal injury law and who has successfully gone to trial. Having an experienced expert in Oregon personal injury law can relieve you of the stress of handling your own case and ensure you get all you are owed.

The liable party will often try and settle outside of court for much less. Ultimately, it is up to you to decide if the settlement is what you deserve. With an experienced lawyer on your side, they can help you navigate this tricky world and help you take your case to trial.

Finding someone with a track record of successful negotiations and litigation is also important. While most cases are settled out of court, having an attorney with experience taking cases to a jury verdict is important. In order to assess their success rate, you can ask the attorney directly. If they do not provide this information when requested, it may be a sign that their success rate is not high.

Working on Contingency

It can be a lot to handle when healing and working to get your case to trial. If you have been injured and need legal assistance but are not working or earning income, the cost of a lawyer can be concerning. Typically, lawyers charge hundreds of dollars per hour for their services, which may be beyond your budget.

However, there is good news: many personal injury lawyers work on a contingency basis, meaning they will take payment once you receive the payout from your case. The contingency fee is usually 40% or less of the final settlement amount. You want to seek out a lawyer who charges within this range. The best lawyers will include legal fees in the final settlement to ensure you receive the maximum compensation possible.

When starting your search for a lawyer, ask for a consultation with those who have passed your initial research. Most personal injury lawyers should offer free consultations. During an initial consultation, a possible client will meet with a lawyer to assess the strengths of their personal injury case and see if the lawyer and client can work together.

Communication

Especially when it comes to a personal injury case, communicating effectively with your lawyer is important for the best outcome. You must ensure they listen to your concerns and explain concepts clearly to give you confidence that your input will be considered before any significant decisions are made. Your satisfaction with their approach will depend on their willingness to understand your perspective, and their ability to explain the progress of your case will help you make informed decisions. Effective communication can also reduce the stress of the process. Having a good rapport with your personal injury attorney means they should respond to your inquiries, clarify things in a way that’s easy for you to understand, and have your best interests at heart.

If you need legal representation for personal injury, it’s important to consider several factors when choosing the right lawyer. Knowing what to look for can simplify the process.

At Warren Allen LLC, we have specialists in Oregon personal injury law and are dedicated to assisting you every step of the way. If you or a loved one requires legal representation, do not hesitate to contact us. We will work tirelessly to ensure that your rights are protected, and that you receive the compassionate care you deserve.

What is a Personal Injury Lawyer? When Do You Need One?

Written by George McCoy on September 10, 2023. Posted in Personal Injury. No Comments on What is a Personal Injury Lawyer? When Do You Need One?

Accidents happen. But what if you get hurt in an accident, and it’s someone else’s fault? For instance, if you trip and fall on a broken step in a store and sprain your ankle, can you get compensated for medical bills or wages lost from time missed at work?

When you’ve sustained an injury as a direct result of the actions or inactions of another person or entity (e.g., government agency, company, workplace, etc.), you might need the services of a personal injury lawyer to represent you. Usually, a personal injury lawyer will work to get payment from the responsible party to compensate you and help you recover.

Although car accidents are usually what first spring to mind when thinking about personal injury cases, there are several different types of cases that personal injury lawyers handle. Keep reading to better understand what these cases entail, as well as the services that personal injury lawyers generally provide to their clients.

Types Of Personal Injury Cases

The following are short descriptions of the most common personal injury cases. Keep in mind that the term “personal injury” does not always have to mean “bodily injury.” Not just physical injury falls under the umbrella of personal injury, mental and emotional damage count as well.