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Do Portland Oregon Attorneys Handle Malpractice Cases?

Do Portland Oregon Attorneys Handle Malpractice Cases?

Malpractice cases are not uncommon, but until you’ve experienced a situation that requires one, you may not know when to contact an attorney, what to say, or what happens next. Portland, Oregon, attorneys who specialize in personal injury lawsuits, including malpractice cases, can provide guidance and assistance if you believe you have been a victim of malpractice. Your first step should be to consult an attorney so they can help you understand your rights under Oregon’s malpractice laws.

Warren Allen LLP has been providing legal guidance and support since 1971, and we’re experts at navigating malpractice cases in Portland and the surrounding area. Let us help you understand what malpractice is, how to start your malpractice case, and the services available to you.

What Is Malpractice?

Professionals of all kinds are expected to deliver services and perform their duties to an industry-accepted standard of representation and care. When they do not meet these standards and, as a result, cause harm to their patients or clients, a case for malpractice may be made.

The vital component of any malpractice case is proving negligence on the part of the professional. For a claim to be successful, the plaintiff and their attorney must demonstrate that the proper standards were not met by the defendant and, as such, confirm their liability with regard to any injuries or damages.

There are three types of malpractice cases commonly litigated by Portland, Oregon, attorneys:

1. Medical Malpractice

The term malpractice is most frequently used when discussing medical malpractice. This is when clients have harmful experiences with a medical professional or in a medical setting. Examples of medical malpractice might be a physician not performing their duties safely, mis- or delayed diagnoses, or the mismanagement of healthcare records or treatment.

2. Professional Malpractice

Professional malpractice, sometimes referred to as professional negligence, occurs when someone who is considered a professional or expert, such as an accountant or an architect, causes injury or damage that affects a client.

3. Legal Malpractice

The third most common form of malpractice is legal malpractice. This occurs when a client does not receive the level of service they’ve paid for. If, for example, an attorney lacks the experience or knowledge of Oregon law, they may cause harm to their client’s case by not filing appropriate paperwork or missing important deadlines.

What Are Oregon’s Malpractice Laws?

Oregon’s malpractice laws are straightforward and aligned with US standards: Malpractice occurs when there is a breach of standard of care that causes significant harm. This can include, but is not limited to, improper treatment, surgical errors, misdiagnoses, improper filing, mishandling of case evidence, and so on. Proving a breach of care requires establishing—through evidence—that the service provider acted in a way that caused direct harm to the patient or client.

One example of this is when a medical practitioner performs a procedure but doesn’t follow appropriate safety protocols before, during, or after surgery. When this results in issues with recovery or additional injury stemming from the error, clients may be entitled to some form of compensation. In this case, monetary compensation might be to offset the additional costs or recovery time due to the attending medical team neglecting the required safety standards.

Because of the intricacies of Oregon malpractice law, it’s important to work with Portland, Oregon, attorneys who are experienced in malpractice cases, such as those at Warren Allen LLP. An expert malpractice attorney can guide you through each step of Oregon’s legal process.

Do You Need a Malpractice Attorney?

Navigating a medical malpractice case can be difficult and stressful, especially if attempted without legal representation. Having representation on your side can ease some of that burden, and it may be crucial to receiving an outcome that gets you back on the road to healing and recovery.

A malpractice attorney will manage the day-to-day minutiae of your malpractice suit, ensuring paperwork is properly filed, deadlines are met, necessary evidence is gathered and verified, and so on. As you proceed through depositions, settlement negotiations, and potentially trial, your attorney will be present to help protect your rights and provide advisement. An attorney on your side will help ensure you receive restitution for the harm caused through medical, professional, or legal malpractice.

The sooner you seek legal representation from a malpractice attorney, the better. Oregon’s statute of limitations for malpractice is two years. It’s also vital that the collection of records and evidence happens as soon as possible after the incident. At Warren Allen LLP, our personal injury attorneys are available Monday through Friday to help you understand your rights and whether you have a malpractice case.

What To Bring Your Personal Injury Attorney

Your attorney will provide guidance on the items and information they will need to build your case, but there are a few things you can anticipate needing when the time comes. Related receipts, bills, and invoices; correspondence with the medical, legal, or other business involved; paystubs or tax returns if showing income loss; photographs of damages or injuries; and so on. If you’re pursuing a medical malpractice case, you’ll need to share access to your medical file with your attorney. You can do so by obtaining your medical records beforehand or signing a Release of Records form and granting them access.

Any evidence you can provide to your attorney that pertains to your case will be filed by your attorney for safekeeping.You don’t have to face your malpractice case alone. Experienced Portland, Oregon, attorneys like Warren Allen can give you the support and guidance you need to file your lawsuit and help you receive fair compensation for your losses. If you suspect you’ve been the victim of malpractice, contact us today for a consultation. Our passionate and expert team will discuss your situation and help you understand your rights.

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