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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.

Male personal injury attorney going over paperwork with female client.

What to Bring When You Meet Your Personal Injury Attorney

Written by George McCoy on . Posted in Personal Injury. No Comments on What to Bring When You Meet Your Personal Injury Attorney

Experiencing an accident resulting in personal injury or in the injury of a loved one is stressful enough, without the added stress of having to learn how to proceed with a personal injury case. If you’re trying to receive compensation from an accident, legal representation can be a beneficial asset. Though this can initially feel overwhelming, getting all your proper documentation in order before meeting with your attorney can help streamline the entire process and minimize unnecessary stress. Equipped with the proper documents, they can best assist you and your case so you can focus on getting better.

But what documents do you need? To make the process more manageable, listed below are helpful documents to bring when meeting with your personal injury attorney for the first time.

Medical Records

Medical records pertaining to injuries sustained during the accident and any treatment received are critical information for a personal injury case. This documentation provides a record of the severity of the injury and how much treatment was required, as well as proof of treatment corresponding with the date of the accident. This information is foundational in establishing that the injury is real and required medical treatment and that the treatment is directly related to the accident.

Bring any bills or doctor’s notes, as well as any photographs. If you’re uncertain if it’s relevant, bring it anyway. It’s best to have comprehensive documentation. Bring any relevant paperwork received from visits to the hospital, doctor’s office, physical therapist, or specialist.

Witness Contact Information

After you have been in an accident, it’s important to get the contact information of anyone who witnessed the accident and is willing to provide their information. Make a record of their full name, address, and phone number. If there are any written statements involved, bring copies of those as well. If you don’t have any statements, the contact information will help your personal injury attorney obtain any necessary statements.

Accident Report

If you were in an accident caused by another person, filing a police report is helpful in establishing who is at fault. The accident will be on record and the police may investigate if necessary. Both parties’ claims will be on record in detail as well as a description of the scene. If you have any photos from the scene, including photos of your injury or damage to your property, bring them as well. Both the accident report and any relevant photos taken will be an aid to verifying your claim.

Insurance Information

You will also want to report your injury or accident to your insurance provider. Keep records of any correspondence with your provider. Make copies of emails exchanged and make notes of phone conversations, including dates and with whom you spoke. If another party is at fault, you will need their insurance information as well.

When meeting with your attorney, make sure to bring copies of your insurance policy. If you were in a car accident, you’ll need to include a copy of your automobile insurance policy.

Financial Records

Make sure to keep records of any costs you have incurred as a result of your injury and any other related damage. This means saving receipts for medical bills or repairs for damaged property. If you had to buy any goods or services because of your injury, keep the receipts. If you had anything fixed because of an accident, keep those receipts as well.

You should also keep track of lost wages. If you lost any time from work due to your injury, bring documents that show what dates you missed and the pay lost from missed work. These could include pay stubs, payroll documents, or your W-2 form. Make sure to keep a log of any dates you missed from work, even if you can’t find supporting paperwork.

Personal Account

In addition to official documents, it’s helpful to keep a written journal detailing the events related to your injury and any other pertinent information. Keep records of your injuries and any damage through writings and photos. It may be helpful to get a notebook dedicated to journaling and detailing injuries, damage, symptoms you’re experiencing, as well as your experiences.

A key element to include in your personal recordings is a timeline of events. It’s easy to forget details or get the order of events mixed up, especially as time passes. Writing down your personal account will help you remember the details of what happened: when it took place, the order of events, what and how it happened. This will not only help you remember what happened, but it will also help you present the important facts of your case to your personal injury attorney.

Additional Information

Other important information to include in your personal account are the names, addresses, and numbers of services obtained or other parties involved. This can include the ambulance service, emergency room, business addresses and names of doctors or specialists who treated you, witnesses, insurance adjusters you spoke with, other people involved in the accident, and anyone else you spoke to about the injury or accident. Make sure to include the dates you were admitted to the hospital or emergency room and dates of work missed.

If you have any questions or need advice, contact our expert team at Warren Allen LLP. Our firm offers legal representation as well as advice for anyone who has been affected by an accident. We will help you to receive compensation and the best resolution possible. If you don’t have legal representation, an insurance company may attempt to minimize the amount you receive. Contact our firm today and find the representation and advice you need, as well as the best options available to you.

Personal injury because of an accident can be scary and overwhelming without proper support and help. However, the right tools and people in your corner can mitigate the entire process. Equipped with the proper documents and a skilled attorney, you can better obtain proper compensation with peace of mind during this trying time.