Medical, Device & Drug Negligence
Where do you turn when you or a loved one has been injured or loses his or her life after placing his or her trust in a medical professional? A medical mistake can change your life forever.
Doctors, nurses and other health care providers have a duty to provide their patients with a standard of care. If their actions, failure to act or failure to diagnose, results in injury or death, they may be liable for malpractice.
At The Johnston Law Firm, LLC, in Portland, Oregon, we thoroughly investigate and pursue medical negligence claims. We combine our experience with extensive resources, including medical experts to hold negligent parties responsible.
Who Do You Want on Your Side When You Have a Medical Negligence Claim?
Medical negligence claims are difficult to prove. When your life has been permanently altered because of a medical mistake, who do you want on your side? Our firm has a record of obtaining positive results. Our dedicated attorney is always prepared, whether in negotiations or trial.
We are here to serve you. We offer personalized attention to our clients and candid feedback about what you can expect from your claim.
Medical Malpractice, Negligence FAQ
Anytime you visit a medical professional, you should be able to trust that you will receive the proper medical care. Unfortunately, many patients do not receive the treatment they need because their doctor makes a careless mistake. Medical mistakes can cause serious health issues and injuries in already ailing patients and victims of medical negligence deserve to fully recover for their injury-related losses. Below are a few Portland medical malpractice FAQs to help you with your case.
What Constitutes Medical Negligence?
Doctors go to school and train for a long time to learn the proper standard of care they should uphold with every patient. The standard of care for medical professionals equals the same care that another reasonable doctor in the same situation would use. When a doctor fails to act with proper care and cause injuries, medical negligence occurs. Not every simple mistake a doctor makes will constitute medical negligence and an experienced attorney can help evaluate whether the error rose to the level of negligence in your case.
Some common examples of medical negligence include as follows:
- Medication and prescription errors;
- Failure to diagnose a medical condition;
- Misdiagnosis of a condition;
- Failure to provide timely medical treatment for a condition;
- Surgical errors;
- Mistakes during childbirth.
To have a valid case, it is necessary that the medical negligence actually caused or exacerbated an illness or injury, resulting in losses.
Does It Affect My Case If I Consented To A Procedure?
Before you undergo a medical procedure such as a surgery, Oregon law requires that your doctor must fully explain the possible benefits and risks of the procedure and inform you if there are any other options for your treatment. With full information, you can make an educated decision whether to proceed with the procedure. However, even if you signed a consent form, there are situations in which you can still hold a doctor liable if something during the procedure goes wrong. Such situations include:
- The doctor failed to give you all the information you needed to make an informed decision;
- The doctor took steps beyond the specific consent you provided without your permission;
- The doctor made a mistake during the procedure that deviated from the required standard of care normally expected during such a procedure.
How Much Time Do I Have To File A Lawsuit?
Oregon law sets out a strict statute of limitations for medical negligence claims, which is a strict deadline you must meet in order to recover. If you file a malpractice claim after this statute of limitations has run, your case will almost certainly be dismissed. For a negligence claim arising from any surgical, medical, or dental mistakes, the statute of limitations in our state is two years from the date of the injury.
However, many victims of medical malpractice do not realize the negligence and injury has occurred for some time, so the statute of limitations may not begin until the injury is discovered. For instance, imagine that you go to the emergency room with chest pain and the doctor sends you home with a diagnosis of indigestion. Instead, you actually had a heart attack, which would have been detected had the doctor performed certain tests or asked certain questions. Six months later, you have another heart attack that could have been prevented with proper treatment the first time. Since you did not know about your misdiagnosis for six months, the statute of limitations would not start until your discovery.
What Evidence Can Be Used To Prove Medical Negligence?
Because the standard of care in medicine depends on the details of the situation and on how other similarly trained medical professionals would act in such a situation, the most important evidence in a medical malpractice case is often testimony from medical experts. An expert can analyze what happened and give their opinion whether the doctor in question met the expected standard of care or not. In addition, a medical expert can testify that the negligence did, in fact, lead to your additional illness or injury.
Other important evidence includes proof of the losses you suffered as a result of the medical negligence. This can include additional medical costs, lost income if you missed work, physical and emotional pain and suffering, disability, and more.
Consult With A Portland Medical Negligence Attorney For Free Today
If you suffered a serious and costly illness or injury because a doctor or another medical professional acted in a negligent way, that doctor should be held fully accountable for any losses you experienced as a result. A medical negligence lawyer can stand up for your rights to recovery against doctors, hospitals, and their insurance companies. The sooner you call 503-919-7889 for a free consultation with the Johnston Law Firm, the sooner we can start working on your claim.
Learn More About How We Can Help With Your Specific Medical Negligence Case
The Johnston Law Firm, LLC, will evaluate your medical negligence case and explain your legal options. To get your free consultation, call us at 503-546-3167, toll free at 888-342-7252, or contact our personal injury firm online. There is no obligation to use our legal services.
The Johnston Law Firm, LLC proudly represents clients in all cities and counties in Oregon: Portland, Gresham, Milwaukie, Lake Oswego, Tigard, Beaverton, Hillsboro, Multnomah, Washington, Clackamas.