When we are sick or injured, we go to a doctor or other medical provider to get the care we need. Depending on the nature of our condition, we may require diagnostic testing, surgical procedures, ongoing treatments, and rehabilitative therapy in order to recover. Even the smallest type of ailment or injury could put us into contact with a variety of workers in the medical field.
Unfortunately, when things do not go as planned, it can be difficult to tell who is to blame. As the number of medical mistakes and errors continues to increase alarmingly in this country, it is important to understand which medical professionals can be held liable for medical malpractice, as well as what you need to do to submit a claim.
Porltand Medical Malpractice Claims
According to a report in HealthCare IT News, medical mistakes and errors have now become the third leading cause of death in the United States. Growing concern on the state and national levels is helping to raise public awareness about this problem, which has risen to crisis levels and is now resulting in over 400,000 deaths each year. Medical errors or mistakes may include wrong site or wrong procedure surgical mistakes, misdiagnosis, hospital-based infections, medication errors, and injuries suffered as the result of diagnostic testing or surgical procedure mishaps. In all of these types of cases, you may be entitled to compensation for your injuries through a medical malpractice lawsuit.
According to the National Institutes of Health, the legal basis of most medical malpractice lawsuits is negligence. A patient would need to show that a medical provider acted in a negligent manner, and as the result of this negligence, the patient suffered harm or injury. In order to show negligence, the NIH advises that there are four specific elements that must be proven:
- A professional duty of care owed to the patient
- A breach of that duty
- The injuries resulting from the breach of duty
- The resulting damages the patient suffered
Holding Medical Professionals Responsible
If your medical mistake or error occurred in a government institution, such as a federally funded clinic or at a Veteran’s Administration Hospital, you would file a federal lawsuit in order to get damages for your injuries. In other cases, individual state laws govern the filing of a medical malpractice claim. Under Chapter 31 of the Oregon Revised Statutes, you may be entitled to file a lawsuit for damages against a healthcare practitioner or healthcare institution based on their breach of duty in providing care. Healthcare professionals you may be able to hold responsible include:
- General practice doctors or specialists and their staff, including physician’s assistants, nurses and nursing assistants
- Obstetricians, pediatricians, and their staff
- Surgeons, surgical technology assistants, and anesthesiologists
- Radiologists, ultrasound techs, and lab assistants
- Dentists, dental surgeons, and dental assistants
What We Can Do
If you or someone you love has suffered an injury due to a medical mistake or error, contact our experienced Portland medical malpractice attorneys immediately. At the Johnston Law Firm, we understand the devastating impact these injuries can have, and can advise you on how to hold responsible parties accountable so that you can get the compensation you need to recover. Call or contact us online at our Portland office today for a free review of your case.