Medical Malpractice FAQs
Medical malpractice suits are lawsuits that are based on the negligence of a medical professional. The basic criteria of medical malpractice is that a healthcare professional was negligent in providing the standard of care (the care that is ordinarily given by healthcare providers in the community where you received treatment,) leading to injury. A simpler way of defining medical malpractice might be to ask, “What care can I expect to receive from a healthcare provider in this community for the ailment that was being treated?” “Did my healthcare professionals live up to that standard, and if not, did I suffer personal injury from my treatment?”
Portland personal injury attorney Bryan Dawson from Dawson Law Group offers answers to frequently asked questions about medical malpractice law in Oregon. If you or a loved one have recently suffered injuries due to medical malpractice, or think you may have and have questions, we invite you to call our Portland, OR personal injury attorneys for a free and confidential consultation. We would like the opportunity to get to know you and your story, listen to and support you, explain your legal options, and help you come up with a strategy moving forward.
What are some common causes of medical malpractice cases in Oregon?
- Failure to diagnose
- Failure to properly treat
- Birth injuries
- Surgical error
- Medication error
- Failure to order proper test
- Anesthesia errors
- Emergency room negligence
My medical malpractice claim occurred at Oregon Health Sciences University (OHSU). Do I need to take any extra steps?
Claims against OHSU fall under the Oregon Tort Claims Act. This act requires that you give notice to a public organization that you intend to file a lawsuit against them within 180 days of the injury. Without this notice, you will not be able to pursue compensation against OHSU. If you have questions about what this notice is and how to send it, feel free to call Dawson Law Group, your Portland personal injury attorneys, for a free consultation where our experienced legal team can help get you answers.
I am not happy with the results of my treatment. Do I have a medical malpractice claim?
The legal definition of a medical malpractice suit is when a healthcare provider deviates from the standard of care for treatment and it leads to injury. In order for you to win in court or to get a favorable settlement, you must be able to prove your physician’s negligence. If you think you may have a medical malpractice claim but are unsure, feel free to call our Portland, OR personal injury attorneys for a free consultation where we can answer your questions.
What is the statute of limitations for a medical malpractice claim in Portland?
In the state of Oregon, you have two years after the date of your injury or two years after the date that the injury should have been reasonably discovered (cannot be more than 5 years after the date of the injury.) If a healthcare provider’s negligence leads towrongful death, then the lawsuit must be filed within three years of the date of the injury or the discovery of the injury (cannot be more than 5 years after the date of the injury.) If your medical malpractice injury happened at Oregon Health Sciences University (OHSU), you must notify them within 180 days of sustaining the injury that you plan to bring suit.
When can I expect the compensation from my Portland, OR medical malpractice claim?
Civil suits such as medical malpractice suits are resolved in two ways, either through a settlement, or a judgment in the courtroom. A favorable settlement that is fair compensation for your injury and suffering can be acquired quickly if the other party thinks you will have a strong case, or it may take several rounds of settlement offers before the other party gives a settlement offer that will allow you to move on from your injury. Working for a favorable judgment in court can be an even longer process, sometimes taking as much as two years to try a case in court.
Why do I need a personal injury attorney to help me file a medical malpractice claim in Portland?
Hiring a Portland, OR personal injury attorney will be beneficial for the success of your medical malpractice claim. At Dawson Law Group, our experienced and knowledgeable personal injury attorneys will know your options at any given point in the case and can advise you on the best courses of action. Our legal team can help you file the right forms and notices in a timely matter, conduct research for your case, hire expert witnesses, and fight for you in the courtroom if needed.
I need a Portland personal injury attorney, but I don’t have money for attorney fees. What are my options?
Dawson Law Group takes its personal injury cases on a contingency basis. That means that our payment is contingent on us securing you the compensation you deserve, whether it comes in the form of a settlement or a court judgment. This means that until we help you win your case, you won’t have to worry about a single dollar in lawyer fees. We invite you to call our Portland, OR personal injury attorneys for a free and confidential phone consultation where we can get to know you, help you explore your legal options, answer any questions you may have, and help you set up a plan moving forward.