How To File a Successful Medical Malpractice Claim

If you or a loved one has suffered harm due to medical malpractice in Oregon, taking legal action may be an unfortunate but necessary step. Medical malpractice happens when a healthcare professional fails to meet a standard of care, resulting in harm to their patient. Malpractice can include misdiagnosis, surgical errors, medication mistakes, or inadequate treatment. To establish medical malpractice, you must prove that the healthcare provider intentionally or unintentionally breached their duty of care, resulting in injury.

At Warren Allen LLP, we understand how complex and daunting filing a medical malpractice claim can be. However, with the proper guidance from an experienced medical malpractice attorney in Oregon, you can navigate it successfully.

Gathering Evidence

Evidence is the backbone of a successful medical malpractice claim. Start by collecting medical records, test results, records of medications and treatments, medical bills and expenses, any documentation of communication with healthcare providers, and statements from witnesses or family members.

Gathering evidence doesn’t stop with your records. You’ll also want to collect any information related to the healthcare provider’s breach of duty. Records of neglect or abandonment, evidence of inadequate training or expertise, and violations of hospital or medical protocols are all helpful to your case.

Hiring a medical malpractice attorney in Oregon can help relieve some of the burden of obtaining evidence to strengthen your case.

Selecting Expert Witnesses

Expert witnesses play a vital role in medical malpractice claims, as their role is to provide objective opinions on the standard of care and breach of duty. When selecting expert witnesses, consider their qualifications and expertise in the relevant field. Do they have experience in providing expert testimony? Do they have the ability to communicate complex medical concepts clearly? These are important questions to contemplate when selecting witnesses, especially if your case goes to jury trial.

In a jury trial, the defendant’s fate is determined by a panel of 6-12 citizens who carefully consider the evidence presented and deliver a verdict of guilt or innocence. On the flip side, in a court trial, also known as a bench trial, the decision is solely in the hands of the presiding judge. This judge will review the evidence and render a verdict without a jury’s input.

You’ll also want to consult with your medical malpractice attorney in Oregon about the potential for mediation or arbitration.

Working with a Skilled Attorney

Filing a medical malpractice claim can be a convoluted and highly challenging process. Some of the most common challenges are deciphering complex medical records and terminology, dealing with resistant insurance companies, finding qualified expert witnesses, and simply managing the emotional toll of the process. 

At Warren Allen LLP, our medical malpractice attorneys are well-versed in Oregon law, specializing in medical malpractice and personal injury. We recognize the unexpected hardships that being a victim of medical malpractice can have and want to help you find the right attorney to suit your needs.

When selecting an attorney, you should factor a few things into making your decision. Ask about their experience and success in handling medical malpractice claims, their knowledge of Oregon medical malpractice laws and regulations, and their ability to provide guidance and support throughout the process.

Hiring a skilled medical malpractice attorney in Oregon can make a marked and positive difference in the outcome of your claim. 

Filing the Claim and Preparing for Trial

Before you begin making preparations, be sure you are well within the statute of limitations for filing your medical malpractice claim. Oregon’s statute of limitations for medical malpractice is two years from when the injury was discovered or should have been discovered. A “statute of ultimate repose” also applies in Oregon, which mandates that a claim must be filed within five years of the treatment, omission, or operation, regardless of when the injury was discovered. 

Of course, there are exceptions to this rule in cases involving fraud, deceit, or misleading representation by the healthcare provider. In such cases, the deadline is extended to two years from the discovery of the fraudulent or deceitful conduct.

Once you’ve determined your case is within the statute of limitations and you have successfully retained an attorney, it’s time to file your claim and prepare for trial. To increase your chances of a successful outcome, keep open lines of communication with your attorney to cultivate a strong case. Your attorney will help you develop a clear and compelling narrative, maintain evidence and documentation, select expert witnesses with solid credentials, and prepare your expectations for trial or mediation.

Seeking Compensation and Justice

The final step is to seek compensation and justice for the harm you or your loved one has suffered. Losses may include monetary damages, such as medical expenses and lost income, non-economic damages, such as pain and suffering, or punitive damages, in cases of gross negligence or recklessness. 

Build a Strong Support System

Filing a medical malpractice claim can be emotionally challenging, so it’s important to note any changes in your mental health, mood, or social participation. If possible, seek support from your family and friends, consider seeking professional counseling if you haven’t already, and practice regular self-care to help manage your stress and emotions.

Your support system should be aware of your physical and emotional challenges so they can note any changes you may not have noticed and help you overcome them, if possible. Being open and honest with your support system about your struggles and keeping them updated on your progress is the best way to help them help you. At Warren Allen LLP, we know filing a successful medical malpractice claim requires careful planning, strategic preparation, and expert guidance from an Oregon medical malpractice attorney. Armed with information, you can maximize your chances of a favorable outcome in your medical malpractice claim and secure the compensation you deserve.