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Expert Medical Malpractice Attorney: Fighting for Your Right to Fair Compensation

5 Tips for Hiring Personal Injury Lawyers in Portland Oregon

Having to deal with a personal injury is stressful at the very least. If you have a personal injury case, such as a slip and fall accident, medical malpractice, or a car accident, you’ll have much better peace of mind hiring a professional to handle it for you.

You might balk at hiring a personal injury lawyer if your car was totaled but you appeared to have suffered no injuries, and you might think that the insurance company will help you through the claims process. However, liability might be unclear in the accident or incident, in which case the task falls to you to prove your innocence. You’ll need to have evidence to support your claim, and you may have no idea how to do this.

A personal injury lawyer will handle that evidence, but also handle a myriad of other tasks, such as negotiating with the insurance company to perhaps get you a bigger compensation package and handling your court case if it goes to trial.

So hiring an attorney to handle your case is the most beneficial path to take. There are a lot of personal lawyers in Portland, Oregon, so how do you decide who to go with?

Here are five tips to keep in mind when hiring a personal injury lawyer:

1. Experience

The first thing you want to know about any lawyer you’re hiring is what kind of experience they have. Many lawyers will handle many different kinds of personal injury cases, but none of them will have handled every single kind. The umbrella of personal injury can be very wide. For example, medical malpractice cases can subdivide into traumatic brain injuries, misdiagnosis, and surgical errors. Make sure to ask whether they’ve handled cases like yours before, how many, and whether they won those cases.

When asking about experience in personal injury cases, also ask what kind of experience they have in a courtroom setting. Most civil cases don’t go to trial, so if your case is one that does, you want to be sure you have someone who knows their way around a courtroom.

2. Expectations

When asking about the procedure for personal injury cases, make sure you understand what is expected of you as well. Your lawyer may not want you to speak with other witnesses, and if you do, you could end up jeopardizing the work your lawyer and their team will be doing on your behalf. If your lawyer gives you homework, such as filling out forms, taking pictures, or otherwise documenting your injury, make sure you do it!

Some questions you can ask your lawyer include: what do you need from me in order to be sure my case is as strong as possible? Is there anything I should do or avoid in order to win my claim?

Asking about how long the process should take will also help manage your expectations. It’s probably known that your personal injury case won’t be solved overnight. In fact, the average personal injury claim can take from six months to two years. There are many variables that factor into the timeline, including how long your treatment takes.

3. Money

Be certain of any fees your lawyer is going to charge you and what you can expect as far as the outcome. You may not receive a precise answer here. Lawyers may hesitate to give you a specific number because they may not want to create unrealistic expectations. Even if they won’t know the outcome at the start of the process, they should still be able to tell you whether you have a chance of winning your case and maybe a rough prediction of your compensation.

When you’re interviewing lawyers, keep track of their answers to this question and see if they’re all in the same general ballpark. If one of them promises you a significantly higher amount, take it with a grain of salt, unless they have a particularly persuasive piece of evidence that pertains to your case.

4. Team Effort

Oftentimes, you may meet with one lawyer, but they may have a team they work with to handle their personal injury claims. This might include a junior partner, another attorney, or a paralegal (or some combination of these three). While you may prefer having one lawyer handle all aspects of your case, a setup like this is fairly common.

The other team members will help gather the basic information and then your lawyer will handle the parts that require their specialist training. The team will let you know who your point of contact will be if you have any other questions or if you need to turn in paperwork. Make sure you understand who is going to handle the settlement, compensation negotiations, or the court case, so you know who to ask which questions.

One other question you can ask here is how often you can expect updates, and how you will receive those updates (whether it’s an email, a phone call, or an in-person meeting).

5. Priorities

No matter where you live, the legal system is definitely overburdened, so you can expect any lawyer to handle more than one case at a time. You might worry that if your lawyer is handling more than one case, your case won’t get the attention to detail it deserves. There is something of a deadline for you – once you’ve suffered the accident, you have two years to file the suit.

As mentioned above, a personal injury lawyer will probably tell you that it’s best to take some time to heal or recover from the event. This is partially so that you know how much compensation to ask for when settling with the insurance company. So since you have a deadline, make sure to get someone who has the ability to work on more than one case at a time. Ask how many cases the lawyer is handling at a time, and ask how big their team is if that number is larger than you expected.

Finding representation with a personal injury lawyer shouldn’t be a convoluted process! The team at Warren Allen will help you find compensation for your personal injury with grace and the highest degree of professionalism. Contact us today.

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?

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.