Medical malpractice occurs when a healthcare professional fails to meet the accepted standard of care, resulting in injury or death. This can include misdiagnosis, surgical errors, and medication mistakes.
A wrongful death claim is filed when a person dies due to the negligence or misconduct of a healthcare provider. The claim seeks compensation for lost income, funeral expenses, and emotional distress suffered by surviving family members.
You may have a case if you can prove that a healthcare provider’s negligence directly caused your injury or worsened your condition. A thorough review of your medical records and expert consultation are essential to evaluate your claim.
In Oregon, a wrongful death claim is typically filed by the personal representative of the deceased’s estate, usually a close family member such as a spouse, child, or parent.
In Oregon, you generally have one year from the date you discovered, or should have discovered, your injury to file a medical malpractice claim. Acting quickly is essential to protect your rights.
Proving negligence requires showing that the healthcare provider deviated from the standard of care and that this deviation directly caused your injury. Expert testimony and detailed medical records play a crucial role.
Damages may include compensation for past and future medical expenses, past and future lost wages, pain and suffering, emotional distress, and, in some cases, punitive damages if gross negligence is proven.
Misdiagnosis or delayed diagnosis can be considered medical malpractice if a competent healthcare provider would have identified the condition earlier, leading to timely treatment and a better outcome.
Common cases include surgical errors, medication mistakes, misdiagnosis or delayed diagnosis, birth injuries, and injuries caused by defective medical devices or improper use of equipment.
Yes. If a loved one’s death resulted from a healthcare provider’s negligence, you may be eligible to file a wrongful death claim to seek compensation for the losses incurred by your family.
In Oregon, wrongful death lawsuits generally must be filed within three years from the date of death. It’s important to consult with an attorney promptly to ensure your claim is filed on time.
Key evidence includes detailed medical records, expert testimony on the standard of care, witness statements, and any documentation that shows how the negligence directly resulted in harm.
Seek immediate medical attention and document all treatments, injuries, and interactions. Contact an experienced medical malpractice attorney to review your case and advise on next steps.
An experienced Portland medical malpractice lawyer can investigate your case, gather essential evidence, retain top medical experts, negotiate with insurance companies, and represent you in court to secure the compensation you deserve.
Investigating a wrongful death claim involves gathering medical records, consulting with experts, interviewing witnesses, and establishing a clear link between the negligence and the death. Your attorney will guide you through this detailed process to build a strong case.
