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Misdiagnosis & Medical Negligence Law: What You Should Know

Misdiagnosis & Medical Negligence Law: What You Should Know

Written by George McCoy on . 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.

Medical Malpractice: How to Pursue Justice for Your Injuries

Medical Malpractice: How to Pursue Justice for Your Injuries

Written by George McCoy on . 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.

When to Contact a Medical Malpractice Attorney

When to Contact a Medical Malpractice Attorney

Written by George McCoy on . Posted in Medical Malpractice. No Comments on When to Contact a Medical Malpractice Attorney

The COVID-19 crisis showed us that medical professionals like doctors and nurses are brave and incredibly hardworking. Most of the time, you can be sure that the healthcare professionals in your life are doing their best to help you, but there may be incidents where doctors, nurses, or medical institutions result in inadvertent harm rather than aid. Through negligence or error, medical professionals can hurt instead of heal, and those are the times when you might consider hiring a medical malpractice attorney in Oregon or wherever else it is you might be.

In the case you’ve suffered injury as a result of medical malpractice, it may be necessary for you to work with a medical malpractice attorney to help you be made whole again. In this blog, we’ll examine the following questions:

  • What is medical malpractice?
  • What are some common examples of medical malpractice?
  • When should you hire a medical malpractice attorney?

What Is Medical Malpractice?

Medical malpractice is harm done by a medical practitioner, from a doctor to an anesthesiologist to a nurse or nurse practitioner. In layman’s speak, medical malpractice can refer to any treatment from a medical professional that results in substandard care.

From a legal perspective, there are three key components to medical malpractice:

  • There must be a relationship between doctor and patient. A medical professional who published a paper about a new treatment that wound up causing harm could not be accused of medical malpractice; only the doctor who recommended the treatment to their patient.
  • The medical professional must have been negligent. A healthcare professional who can argue that they were doing their best for the patient would have a potent defense against malpractice. For instance, the doctor who recommended the revolutionary new treatment mentioned in the first point would have an argument against malpractice. Similarly, a neurologist on a plane flight who was asked to help a patient suffering a heart attack could plausibly argue that they didn’t have the tools or expertise to properly help.
  • The negligence had a direct connection with the injury in question. The worst ophthalmologist in the world negligently giving an eye exam probably won’t be on the hook for medical malpractice if a patient has a heart attack while in their doctor’s office. Unless it can be shown that there is a direct line between negligence and harm, a medical malpractice claim is unlikely to stick.

What Are Common Types of Medical Malpractice?

Now that we’ve examined the criteria that define medical malpractice, let’s look at some of the most common types of malpractice that people might be unfortunate enough to encounter.

  • Misdiagnosis. An incorrect diagnosis can cost people valuable time in pursuing the correct treatment, and in the worst cases, by the time the real problem is identified it may be too late.
  • Medication. If a doctor prescribes you medication that has a poor reaction either with medication you’re already taking or a condition you’re known to have, then that is a classic example of malpractice.
  • Birth injuries. Childbirth can be a very dangerous time for both parent and child. Improperly handled childbirth that leads to injury for either party can be certainly considered malpractice.
  • Surgical mistakes. Errors during surgery that leave lasting harm instead of correcting the issue are a prime candidate for being considered medical malpractice.

When Should You Contact a Medical Malpractice Attorney?

Now that we’ve examined the sorts of scenarios that can be called medical malpractice, if you’ve encountered these situations, does that mean you should hire a medical malpractice attorney right away, whether you’re in Oregon or some other state?

The honest answer is “it depends.” If you think your case falls under the three criteria outlined in the first part of this post, then you certainly can consider hiring a medical malpractice attorney.

However, do keep in mind that medical malpractice can be difficult to prove and even with the best medical malpractice attorney in Oregon, you may be looking forward to a costly, prolonged legal battle. Therefore, if you believe you’ve suffered injury as a result of negligent care, your first step should be to file a medical malpractice claim with your state’s medical licensing board.

This will both inform your physician or health care facility that you are seriously unhappy with the quality of care received, and put pressure on them to reach an agreement that may result in your financial compensation without ever having to properly work with a medical malpractice attorney.

This will also result in your harm being officially investigated by the licensing bureau . While this may not directly result in restitution being made to you, it will make it more likely that harm does not come to any other people in the future as part of negligent behavior on the healthcare provider or institution.

Also, the medical licensing board can appoint an impartial arbitrator to analyze the facts and determine whether or not your medical malpractice case has enough substance to move forward, all without you having to spend a dime on a medical malpractice attorney.

However, if you do not have the time to wait for a medical licensing board to work, or if you believe your case is substantial, then you should contact a medical malpractice attorney as soon as you see fit. Medical malpractice attorneys are excellent partners for navigating the complex world of medical malpractice, and they can put together documents or navigate the law in a way that benefits you.

A medical malpractice attorney perhaps should not be your first go-to option, but in the event that you have suffered real harm at the hands of a negligent medical professional, hiring a medical malpractice attorney is a no-brainer.

If you’re looking for a top-class medical malpractice attorney in Oregon, it’s time to contact Warren Allen, LLP. We can help you find the restitution you seek and make you whole again.

What Type of Lawyer Handles Medical Malpractice Suits?

What Type of Lawyer Handles Medical Malpractice Suits?

Written by George McCoy on . Posted in Medical Malpractice. No Comments on What Type of Lawyer Handles Medical Malpractice Suits?

When you enlist the help of medical professionals to handle your care, you put your trust in their hands. These professionals take an oath to be honest and knowledgeable and provide the best care possible for your specific health situation.

Optimally, keeping this oath will result in an improved level of health or a healed injury for the patient. Occasionally you can run into a medical professional who acts in a way that causes a serious mistake and leaves you to deal with the consequences. Whether it be from negligence or misdiagnosis, if your health suffers from their mistake you may be eligible for compensation for your losses.

In order to receive the compensation that you deserve, you’ll need to hire someone who can properly sue the medical professional, health care provider, or doctor that is responsible for your failed treatment. What type of lawyer handles medical malpractice? The process of getting the compensation you deserve can often be challenging and requires a trained professional to see it through. Law firms like Warren Allen LLP employ lawyers who specialize in dealing with these kinds of lawsuits and can help you get the compensation that you deserve.

What Is Medical Malpractice?

Medical malpractice occurs when a doctor, hospital, or other medical professional acts in a way that causes you injury. This can happen through negligence or omission and can result in things like treatment delay or error, error in diagnosis, or a lack of proper aftercare or healthcare management. The consequences of these medical mistakes can be severe and leave patients with sometimes severe health issues. When this happens, it may lead someone with no prior knowledge of the legal system to seek much-deserved compensation for their injuries. In this case, it’s best to enlist the help of legal professionals for their expertise and assistance.

There are a variety of scenarios that are considered medical malpractice. Some of the most common forms of medical malpractice include improper delivery of a baby, medication dosage or prescription mistakes, anesthesia issues, performing unnecessary surgery, and performing injuries incorrectly. Misdiagnosis is another common reason for medical malpractice, as it can result in a delay of proper diagnosis in time-sensitive situations.

While these are some of the most common examples, they are certainly not the only instances that constitute medical malpractice. These examples and many more happen at the hands of medical professionals and are due to either their negligence or that of the health care provider they work for. If you think that your situation may be considered medical malpractice it’s best to contact a medical malpractice lawyer to see if and how they can help you.

What Type of Lawyer Handles Medical Malpractice Suits?

When you are looking into getting a lawyer to represent you, you’ll soon realize how many different kinds of lawyers there are. Many law firms have a variety of lawyers that specialize in certain kinds of cases, such as family issues, personal injury, estate planning, and much more. When you have a medical malpractice suit that you want to move forward with, you’ll need the help of a medical malpractice attorney.

The legal system recognizes that medical malpractice victims have the right to seek compensation after sustaining a medical malpractice injury, and there are lawyers who specialize in these types of cases. These legal professionals are well-versed in medical law and often have years of experience working on cases similar to yours. You can find a medical malpractice attorney at most local law firms, as these kinds of cases are unfortunately very common.

What Training Do They Have?

A medical malpractice attorney specializes in representing patients who’ve experienced medical malpractice, as well as the families of people that have experienced such things. They are well-educated professionals, and are held to the same education requirements as other lawyers. These legal professionals are required to hold certification and license to practice law in their state to ensure that they are up to date with the current law. Many medical malpractice attorneys also hold a four-year bachelor’s degree in a medical subject, making them even more qualified to speak on cases involving medical mistakes.

While hiring a lawyer to handle your case is the best way to move forward with your medical malpractice lawsuit, it can be even more beneficial to hire a lawyer who deals with these cases specifically. These attorneys often have years of experience dealing with cases similar to yours, giving them an edge in the courtroom. They have been through this process before, so they often have proven strategies to get to the bottom of your case, and prove that you experienced medical malpractice. They also may have established medical professionals to contact and use as a source to prove a medical mistake occurred. All of this experience and training make medical malpractice attorneys your best choice if you wish to file a medical malpractice lawsuit.

How Can Medical Malpractice Attorneys Help You?

Diving into a medical malpractice lawsuit can be confusing for people without a professional legal background. It can also be an emotionally challenging time as you or your loved one deals with the health consequences related to the event. Many healthcare facilities will use this to their advantage, and make it difficult for you to move forward with receiving compensation. If you are entitled to compensation it’s important that you continue to move forward with lawsuits such as this. Medical malpractice lawyers are available to ensure that you get the compensation you deserve.

They are able to perform investigative services such as interviewing clients to learn more about the malpractice that took place, and the conditions that their clients experienced. They can also interview the medical professionals and their operation to better determine what went wrong.

A medical malpractice attorney will collect medical records to analyze for evidence and collaborate with other medical professionals and experts to develop a stronger argument for your medical malpractice case. They will then deliver that information in a trial if necessary, and state your case. With the help of a professional medical malpractice attorney, you can receive the compensation you deserve.

If you find yourself involved in a medical malpractice suit in Oregon, please reach out to us here at Warren Allen LLC. We can help.

What Is the Medical Malpractice Case Process in Oregon?

What Is the Medical Malpractice Case Process in Oregon?

Written by George McCoy on . Posted in Medical Malpractice. No Comments on What Is the Medical Malpractice Case Process in Oregon?

A medical mistake can be devastating for everyone involved. You have certain rights if you or a loved one has been injured due to a medical professional’s carelessness or neglect. There are time limits and constraints, and you have to file within a certain amount of time in order for the lawsuit to be considered valid. It’s essential to understand the medical malpractice process in Oregon to ensure you get the relief you and your family need and deserve.

Before you decide to file a medical malpractice lawsuit, there are a few things to keep in mind. This is a complex and time-consuming process: medical records will be analyzed in-depth, expert witnesses may need to be contacted and hired, and all of this must be done within the standards established in Oregon.

Medical Malpractice Statute of Limitations in Oregon

Every state establishes its own rules and regulations to follow in the event of a medical injury. In Oregon, the statute of limitations for medical malpractice lawsuits statesthat the lawsuit must be filed within two years of the date of the injury or when knowledge of the injury should have been discovered. Once two years have passed, you no longer have the right to commence action.

There is an exception to this particular time limit, however. If the defendant uses fraud, deceit, or misleading representation to hide the malpractice, the clock starts ticking once the fraud is uncovered, rather than the date of injury or knowledge of injury.

Last but not least, if the injured individual is under the age of 18 or has a “disabling mental condition that bars the person from comprehending rights that the person is otherwise bound to know,” according to Oregon Revised Statutes section 12.160, the clock is paused for up to five years, or one year after the person turns 18 or the disabling mental condition ceases to exist.

In most cases, if you attempt to file a lawsuit after the allowed timeframe, your lawsuit will be contested. The doctor or medical facility will seek to dismiss the case, and without extenuating circumstances, the judge will most likely grant that request.

What Is Considered a Medical Mistake?

Before you move into the medical malpractice process and file a lawsuit in Oregon, it’s important to educate yourself as much as you possibly can.

Currently, as many as 251,000 deaths occur annually in the United States from medical malpractice, making it the third leading cause of death. Error rates are significantly higher in the US than in other Western societies, such as Australia, Canada, or the United Kingdom.

Medical mistakes occur in myriad ways:

  • Misdiagnosis
  • Failure to diagnose
  • Surgical errors
  • Anesthesia mistakes
  • Infections
  • Prescription medication errors
  • Obstetrical errors

Where Do You Start?

Most healthcare providers swear an oath to provide their patients with the highest level of care, but sometimes, things can go gravely wrong. If you or a loved one has been injured by poor medical care, misdiagnosis, or medical errors that have resulted in injury, you may be entitled to medical malpractice recovery.

There will be many steps in the process, and some of the first steps include:

Contacting the Medical Professionals and Organizations Involved

One of the first steps is to return to the medical professionals or organizations involved in the case, with the end goal of determining what went wrong and if the injury or illness is something that can be remedied. In most cases, most medical professionals are willing to perform any necessary services to reach a satisfactory solution.

Contact the Medical Licensing Board

If you can’t reach a solution by working with the professionals involved in the case, escalating it to the medical licensing board in your state can add another layer of resolution. While the licensing board can’t force monetary compensation for you, it can start disciplinary actions and may be able to provide further guidance and direction.

Review Claim Details

Filing a claim means you’ll need thorough documentation in place. Do you have appropriate files and medical information? Are you within the limits of the statute of limitations? What other resources are available for you to corroborate your story? The more support you gain before you move forward, the easier the process may be.

Get Medical Assessments

Some states will require patients to file a Certificate of Merit to help determine if the injuries you or your loved one suffered resulted from a medical practitioner’s negligence. While Oregon and Washington don’t currently require it, it can be included within your case if you have backup data. The attorney you hire will file it with the necessary paperwork to help further prove harm.

Consider Settling Out of Court

Medical malpractice cases can be costly, dragging on for months or even years. This can be a tedious process. Because medical malpractice insurance companies reject many cases, it may be in your best interest to settle out of court. This is where working with a lawyer well-versed in medical malpractice can help you understand the process and help you make an informed decision.

Hiring a Lawyer

Finding the right lawyer can be a difficult decision. It’s essential to do your research early, find someone who will fully represent your interests, and provide guidance on your path to recovery. You should find a lawyer that you can trust, one that you feel comfortable with, and one that comes well-recommended.

If you’re in Oregon and have been medically injured, understanding the medical malpractice process can ensure your path to restitution. With these few steps in mind, you can learn more about what you’ll experience if you decide to move forward.

Whether you’re just beginning the medical malpractice process in Oregon or just have a few questions about your case, sound legal advice is the best place to start. Contact us at Warren Allen today and let our legal experts answer your questions.

What Kinds of Cases Does a Medical Malpractice Attorney Cover?

What Kinds of Cases Does a Medical Malpractice Attorney Cover?

Written by George McCoy on . Posted in Medical Malpractice. No Comments on What Kinds of Cases Does a Medical Malpractice Attorney Cover?

Medical professionals are supposed to provide the best care possible to those who seek out their expertise, but that isn’t always the case.
In some instances, mistakes made by medical professionals can lead to lifelong injuries, worsening symptoms, or even death. Depending on your situation, these mistakes can be considered medical malpractice and may be handled by a medical malpractice attorney in Oregon. The medical malpractice attorneys at Warren Allen LLP work specifically on cases where medical professionals cause individuals harm or a negative medical experience.
Here are a few of the cases that are commonly covered by medical malpractice attorneys:

Misdiagnosis

Misdiagnosis is when a medical professional examines a patient and either fails to diagnose the correct illness or says that the patient doesn’t have an illness when they actually do.
When this happens, a patient may be diagnosed with a condition that they don’t have and, as a result, take medication and treatment that is unnecessary. A “missed diagnosis” can cause a disease or ailment to worsen, preventing a patient from having the opportunity to treat it in a timely manner.
Misdiagnosis is one of the most common reasons people hire a medical malpractice attorney, and make up a majority of medical malpractice lawsuits.

Delayed Diagnosis

A patient may also suffer from not being diagnosed with a health condition, ailment, or disease in a timely manner, also known as receiving a delayed diagnosis. In order to be classified as malpractice, the patient must seek out professional medical help and fail to be diagnosed properly.
When this happens the patient doesn’t receive the treatment they need in the correct time frame and typically will have further health complications as a result. In worst-case scenarios, a delayed diagnosis can result in harm or even death.
Some instances that occur and are considered to lead to delayed diagnoses are as followed:

  • Dismissing symptoms reported by the patient that would lead to a correct diagnosis
  • Lost or mishandled lab work or results
  • Failure to refer the patient to a specialist when signs indicate they should be
  • Not doing further tests when there are abnormalities in routine bloodwork<

If you have experienced an issue that resembles one of these scenarios and have suffered medically because of it, you may wish to speak with a medical malpractice attorney to see what legal options are available to you.

Surgical Errors

A surgical error is a preventable mistake that occurs during a surgical procedure. While all surgeries come with their own risks, there are some mistakes that can be prevented with proper care and procedure.
Some examples of surgical errors are incompetence, poor communication, insufficient planning, neglect, fatigue, or drug and alcohol use. The most frequent surgical errors include operations on the wrong body part, nerve damage, the administration of too much or too little medication, and wrong incision location.
If a surgical error was caused due to one of the above reasons, it could be handled by a medical malpractice attorney. It’s best to consult with an attorney in your state to see if your unique situation qualifies for these kinds of lawsuits.

Birth Injury

Birth injuries are sustained during the labor and delivery process and include injuries such as nerve damage, broken bones, or even death. This occurs when health professionals involved in the birthing process, such as midwives, nurses, or doctors, fail to uphold quality medical care and an injury is sustained to either the mother or the infant.
Common mistakes made during the birthing process can include not performing a C-section when medically necessary, not properly monitoring for signs of fetal distress, improper use of forceps, and exercising too much force. When a birth injury is sustained to an infant or mother during labor or delivery, it may be handled by a medical malpractice attorney in Oregon.
Birth injuries that are commonly cited in malpractice suits include cerebral palsy, brain damage, and paralysis. Injuries like this can significantly impact the child’s quality of life and cause lifelong medical issues. For these reasons, they and other birth injuries are often handled by medical malpractice attorneys.

Failure to Treat

Another frequent cause of malpractice claims is failure to treat. The phrase “failure to treat” may seem cut and dry, but more situations fall into this category than you’d expect. Some examples of failure to treat include failing to provide follow-up care, not ordering necessary medical tests, and releasing a patient too soon from the hospital. Doctors handling a larger caseload or patient roster than they are capable of dealing with is another form of failure to treat. These scenarios and more may be covered by a medical malpractice attorney.

Medication Error

Taking too much, too little, or the incorrect medication can come with some serious consequences. If you are prescribed the wrong medication, the wrong dose of a medication, or prescribed medication that is unnecessary, it may be considered medical malpractice.
When a doctor chooses to prescribe a medication for you, it is their duty to check for other prescriptions you’re already taking, to ensure they’re choosing the correct medication, to check for proper dosing, and to prevent any drug interactions. Failing to inquire about your current medications could result in severe symptoms or side effects and, in worst-case scenarios, could result in death. This could be caused by a mistake on your doctor’s part, but it can also be the fault of a pharmacist. Medication error is a serious mistake to make, which is why it’s often covered by medical malpractice attorneys.
If you or someone you know has experienced a medical issue that resembles one of the above cases, it may benefit you to reach out to a law firm like Warren Allen LLP. The medical malpractice attorneys at Warren Allen LLP can look into your case and determine whether you have any legal standing to file a lawsuit against the medical establishment that has wronged you. The damages from these types of lawsuits often include recovery for pain and suffering, medical bill coverage, or recovery for reduced quality of life.

Businessman or lawyer shaking hands with male client.

5 Tips for Finding the Best Medical Malpractice Lawyers in Oregon

Written by George McCoy on . Posted in Medical Malpractice. No Comments on 5 Tips for Finding the Best Medical Malpractice Lawyers in Oregon

If you or a loved one has suffered due to medical malpractice, finding the best medical malpractice lawyer is essential. You may know you need representation, but how do you find the right one? This can be an overwhelming time, without the added stress of worrying about how to find representation and file a medical malpractice claim. The right lawyer will help you navigate these difficulties while fighting for fair compensation.

Medical malpractice cases are complex and technical, and medical teams are often represented by attorneys and insurance companies on their payroll. You will need a lawyer with relevant experience in this specialized field, as well as a good rate of success.

Extensive medical bills and pain and suffering caused by medical malpractice demand a chance at fair compensation to cover these fees and help work toward healing. If you live in the Oregon area, below is a helpful guide to finding the best medical malpractice lawyers in Oregon.

1. Ask for Recommendations

In order to find the best medical malpractice lawyer, you must first begin compiling a list of potential lawyers. But where do you find good lawyers in the area? Often, the best way to find lawyers with good reputations and experience is to ask for recommendations. There are several ways you can find helpful recommendations.

You can start with the bar association. Your local bar association should be able to provide a list of injury law firms in the area. You can either contact them via their website or through their listed number.

Online searches are also a good resource, though they can be more difficult to sort through due to an over-saturation of options. When looking online, it’s important to check reviews for any malpractice lawyer you are considering. Look for testimonials and reviews from past clients. You can also use the internet to broadly ask if any friends, family, or trusted online communities have experience with a lawyer they would recommend.

Finally, take advantage of the professionals in your area. You can check with a primary physician, your insurance company, and even attorneys in other specialties. These professionals may have direct or indirect experience with good lawyers in the area.

2. Review their Background

Once you have made a list of lawyers in your area, it’s time to narrow down the list to the most qualified for your case. This can be accomplished by reviewing their backgrounds: what type of lawyer are they and what kind of reputation do they have within the legal community?

Essentially, there are two types of medical malpractice lawyers: lawyers who represent individuals wronged by medical malpractice and lawyers who defend doctors or insurance companies. If you or a loved one has been injured due to a misdiagnosis, surgical error, medication mistake, or another form of malpractice, you will need a plaintiff’s lawyer.

Once you have determined they are the right type of lawyer for your case, look for client reviews and a history of their past performances within the legal community. You can check with the local bar association to see if any corrective measures were taken for the lawyer in question or if they are in good standing. Also, check to see if they are a member of a personal injury trial association and if they’ve held leadership positions or received any accolades.

3. Look for Relevant Experience

The best medical malpractice lawyers in Oregon will have specialized experience in the field. Medical malpractice is a technical and complex area of law because it requires extensive knowledge in both medical and legal matters. This requires a lawyer with not only a lot of experience but also experience specifically in medical malpractice. They need to have an extensive understanding of technical information and standard medical procedure and be equipped to effectively handle procedural matters unique to medical malpractice cases.

Look for information regarding malpractice on their website: what is their education? Have they published any examples of successful case studies? Do they have a medical background? Check their biographies and look for articles or blogs detailing their experience with medical malpractice.

4. Ask the Right Questions

Law firms offer free consultations. If you have a few lawyers you are considering, take advantage of the free consultation and ask the right questions. How many medical malpractice cases have you handled? What types of medical malpractice cases do you have experience in? How many of these have you won? How long have you worked in the field of medical malpractice? How much of your time is devoted to personal injury cases? What was the outcome of your most recent medical malpractice case?

How these questions are answered will determine if the lawyer has the time, experience, and interest to properly handle your case. It’s important to establish not only what type of experience they have but also their success rate.

If you are ready to consult with the best medical malpractice lawyers in Oregon, consider Warren Allen LLP. We offer sound legal advice and representation for people who have experienced personal injury. Our personal injury attorneys are dedicated to helping you receive compensation and the best resolution possible.

5. Discuss Fees

Finally, it’s important to have a clear understanding of how your potential lawyer handles fees. Most medical malpractice lawyers work on a contingency fee basis, which means there is no fee unless there is a favorable result—your case settles or you win in court. The lawyer will then take a fixed percentage of the recovery, or the amount paid to you. If there is no win, there is no fee arrangement.

However, some lawyers and firms may have other costs related to your case. It’s important to discuss their fee structure before hiring. A reputable firm will be transparent with its costs and help you understand if you are responsible for any costs.

These tips will help you find the right lawyer for your specific situation. Hiring the best lawyer will help set you on the path to recovery and healing.

 

Medical malpractice cover page with scrubs and stethoscope.

What Can a Medical Malpractice Attorney Help Me With?

Written by George McCoy on . Posted in Medical Malpractice. No Comments on What Can a Medical Malpractice Attorney Help Me With?

Medical professionals like doctors, nurses, and nurse practitioners are some of the hardest working people in America, a fact that has become all the more clear during the pandemic. The vast majority of the time, you can trust that your healthcare provider is doing their best for your benefit. However, there may be a time when, through negligence or personal error, a medical professional winds up causing great harm instead.

In that unfortunate instance, if you or a loved one is the victim of medical malpractice, you should always consult medical malpractice attorneys, such as the professionals at Warren Allen, for help. In this blog post, we’ll look at how a veteran medical malpractice attorney can help you in your time of need.

What Is Medical Malpractice?

Medical malpractice refers to harm done by a medical practitioner, such as a doctor, nurse, nurse practitioner, or healthcare institution as a whole, to a patient under their care. Colloquially, it may be used to refer to any medical treatment or interaction perceived as substandard. However, from a legal standpoint, medical malpractice must meet several criteria to suffice:

1. There Must Be an Extant Doctor-Patient Relationship

To put it plainly, a medical malpractice suit can only be brought against a doctor or medical professional who had direct involvement in treating the patient in question. For instance, if a doctor published a paper suggesting a new treatment for an illness and following that treatment caused injury or death, that doctor cannot be hit with a malpractice suit. The doctor who used that new treatment on the patient could potentially be vulnerable to malpractice lawsuits, however, but there are other constraints on this.

2. The Medical Provider Must Have Acted in Negligence

One of the most critical facets in any medical malpractice suit is this: the doctor or other healthcare professional must have acted in a negligent manner. It’s not enough that the victim of the possible malpractice be unhappy with the care they received. Their medical malpractice attorneys must be able to demonstrate that this was truly a case of negligence.

In our hypothetical case earlier, the doctor who treated the patient with this new treatment might be able to successfully argue that they thought they were using the most advanced, cutting-edge treatment possible and that they had clearly notified the patient or their family that this was experimental. This would be a strong argument to fend off a medical malpractice suit.

Context is also critical here. For example, if a neurologist was on board an airplane and called upon to help care for a person suffering a heart attack with only basic medical supplies, it would be difficult to sue them for malpractice given the context, their lack of resources, and their lack of specific training. They could well argue that they did the best they could in the circumstances.

3. The Negligent Behavior Caused Specific Injury

There are two parts to this third and final criterion: first, that this negligence directly caused a specific injury, and second, there were specific damages incurred by the victim as a result of this injury.

For the first part, it can be understood as this: if the doctor was in fact negligent, did this negligence cause the harm in question?
In other words, if a doctor was giving an eye exam, and perhaps was doing so sufficiently poorly so as to be considered negligent, and then their patient suffered a fatal heart attack, is there actually a link between the two events? If the eye doctor’s negligence led to blindness, on the other hand, that would be a prime candidate for a medical malpractice suit.

The second part is equally key: did this injury cause damage to the victim in a real, tangible way? If you believe that your doctor erred and prescribed you the wrong medication, but you were not harmed by taking the medication, then you would not likely have a successful malpractice suit.

Some of the most common types of damages listed in a lawsuit for medical malpractice are:

  • Physical pain and emotional distress
  • Loss of wages due to lack of work
  • Extra expenses due to further medical treatment to correct the potential malpractice
  • Death

If your incident involves all three of these medical malpractice elements, then you could stand a good chance at prevailing in a medical malpractice lawsuit.

What Services Do Medical Malpractice Attorneys Offer?

If you think you or a loved one potentially has a viable medical malpractice suit based on the above criteria, then you should consult with a medical malpractice attorney. An experienced malpractice lawyer can help you through the following services:

  • Assessing your case. Especially in the emotionally charged period following a medical mishap, it may be difficult to maintain an unbiased mentality as you try to work out whether you have a viable, valid malpractice suit to bring forward. A medical malpractice attorney can give an experienced, unbiased assessment of your situation and whether you will be likely to prevail.
  • Helping you understand all your legal rights. It’s unlikely for any one individual to understand all the labyrinthine facets of federal, state, and local law, especially one who isn’t an experienced attorney. If your rights have been violated in any way, the attorney can let you know just what the injury was and what your recompense might be.
  • Handling necessary paperwork and red tape. Filing a lawsuit in any situation can be daunting, especially if you’re dealing with pain from medical malpractice or are caring for someone who now needs it. The medical malpractice attorney can take care of all the filing for you, taking this off your plate.
  • Arguing cases as needed. Most lawsuits are resolved out of court in settlements, but should your lawsuit need to be argued before a judge, you will be glad you have an experienced medical malpractice attorney representing you.

To help your medical malpractice attorney help you, it’s often a good idea to get a medical assessment by another doctor (i.e., not the one you might possibly sue) to have a professional evaluation of your condition and the harm that has been done. However, if you aren’t sure where to start, you can always contact your malpractice lawyer for a consultation.