Question 1

What is medical malpractice in Oregon?

Accepted Answer

Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, resulting in injury or death. This includes misdiagnosis, surgical errors, medication errors, and birth injuries.

Question 2

How do I know if I have a medical malpractice case?

Accepted Answer

You may have a case if a healthcare provider's negligence directly caused your injury. Key factors include breach of standard of care, causation, and significant damages.

Question 3

What is the statute of limitations for medical malpractice in Oregon?

Accepted Answer

Generally two years from the date of discovery of the injury, or from when you reasonably should have discovered it.

Question 4

What damages can I recover in a medical malpractice case?

Accepted Answer

Medical expenses, lost wages (past and future), pain and suffering, and long-term care costs. Punitive damages may apply when the defendant acted with malice or reckless and outrageous indifference.

Question 5

Who can file a wrongful death lawsuit in Oregon?

Accepted Answer

The personal representative of the deceased's estate, typically a close family member such as a spouse, child, or parent.

Question 6

What damages can be recovered in a wrongful death case?

Accepted Answer

Pain and suffering prior to death, lost wages, funeral expenses, loss of companionship, emotional distress, and potentially punitive damages.

Question 7

How long do I have to file a wrongful death claim in Oregon?

Accepted Answer

Generally three years from the date of death.

Question 8

Do I need an expert witness for a medical malpractice case?

Accepted Answer

Yes, Oregon law typically requires expert testimony to establish the standard of care and how it was breached.

Question 9

What should I do if I suspect medical malpractice?

Accepted Answer

Document everything, obtain copies of your medical records, seek a second medical opinion, and consult with an experienced medical malpractice attorney.

Question 10

How much does it cost to hire a medical malpractice lawyer?

Accepted Answer

Todd Huegli works on a contingency fee basis — you pay nothing unless we win your case.

Question 11

What types of medical errors lead to malpractice claims?

Accepted Answer

Misdiagnosis, delayed diagnosis, surgical errors, medication errors, birth injuries, anesthesia errors, and failure to obtain informed consent.

Question 12

Can I sue a hospital for medical malpractice?

Accepted Answer

Yes, hospitals can be held liable for negligence of their employees and for systemic failures in care.

Question 13

What is informed consent in medical malpractice?

Accepted Answer

Healthcare providers must explain risks, benefits, and alternatives of a procedure. Failure to obtain proper informed consent can be grounds for a malpractice claim.

Question 14

How long does a medical malpractice case take?

Accepted Answer

Cases vary widely. Some settle in months, while complex cases may take 2-3 years or more through trial.

Question 15

What if I'm partially at fault for my injury?

Accepted Answer

Oregon follows modified comparative negligence — you can recover as long as you're less than 51% at fault, but your award is reduced by your percentage of fault.

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