In the state of Oregon, there is an incredible amount of trust put into healthcare providers to attend to our safety and health. Many Oregonians go to their healthcare providers in the hopes of feeling better, so it is devastating when they receive negligent care. When negligence leads to detrimental consequences, it is crucial to seek a trusted medical malpractice attorney.
Keith Dozier Trial Attorney and Associates have years of experience with cases against large entities, from multinational corporations to large insurance companies and hospitals. “Our focus is on helping the injured party receive the future care they need and help them to put their lives back together, if possible,” says Keith Dozier, Trial Attorney.
In the many medical malpractice cases we have handled, we see that often, the hardest part of the recovery journey is getting started. This guide will walk you through the beginning steps of your medical malpractice litigation journey.
What is Medical Malpractice?
Medical malpractice refers to any negligent act committed by healthcare professionals, including doctors, nurses, surgeons, technicians, hospital workers, and hospitals. When negligence occurs, often it can lead to a devastating injury or even death for the patient.
What constitutes medical malpractice is broad, but generally, malpractice occurs for one or more of several reasons.
The most common type of medical malpractice is misdiagnosis, failure to diagnose, or delay in diagnosis. When this occurs, patients often experience an injury because they do not get the correct treatment they need, or do not receive the correct treatment readily enough.
Other types of malpractice include:
- The failure to follow up
- The failure to provide adequate postoperative care
- The failure to accurately and effectively keep a patient’s medical records. (A HIPAA violation is generally considered a separate issue from medical malpractice, although a HIPAA violation might be a contributing factor to a medical malpractice case.)
Keith Dozier Trial Attorney and associates practice in many areas of medical malpractice, with results specifically in areas of cancer misdiagnosis and birth injury:
- A Cancer Misdiagnosis can have detrimental effects on a patient, who fail to get the treatment they need in a timely manner, or is made subject to treatment they did not need. A cancer misdiagnosis is often due to human or machine error.
- Birth Injury is defined as any medical malpractice which takes place surrounding the birth of a child. Some common causes of birth injuries due to medical malpractice include the failure to spot fetal distress, delayed delivery, or the use of too much force, especially on the skull of the child.
What are My Options if I am a Victim of Medical Malpractice?
When you are a victim of medical malpractice, it may be overwhelming to figure out how you will be able to pay your medical bills while taking care of yourself and the people who rely on you. A medical malpractice attorney is your best option for recouping your financial losses and recovering some peace of mind for the difficult recovery journey ahead.
In litigation for medical malpractice cases, the plaintiff must establish liability on the part of the medical professionals. There are four basic elements of medical liability which must be met in order for a medical professional to be found liable for malpractice. According to Oregon law, “the plaintiff usually must allege and prove (1) a duty that runs from the defendant to the plaintiff; (2) a breach of that duty; (3) a resulting harm to the plaintiff measurable in damages; and (4) causation, i.e., a causal link between the breach of duty and the harm.
In simple terms, the patient must have a relationship with the medical professional according to the law, such as the relationship a patient might have with their doctor. Because of the relationship, the medical professional has a legal duty to the patient. The plaintiff must establish that there is a standard of care they should have expected and that the standard of care was breached. The plaintiff must establish that they suffered harm, and must establish a link between the breach of care and the harm they suffered.
Your medical malpractice attorney may choose to pursue a court trial or a settlement agreement in order to get you the compensation you need for your injury. The path your attorney pursues depends on many factors, with the primary factor being the needs of the victim and their loved ones.
Helpful Oregon Medical Malpractice Resources
Below are some helpful resources to get started filing a medical malpractice claim in the state of Oregon. Be sure to consult your medical malpractice attorney before filing.
- Oregon Medical Board Search – Find the license and malpractice information about healthcare providers
- Oregon State Malpractice Claim Information – Oregon state resource for medical malpractice
- Oregon Malpractice Claim Report Form – file a malpractice claim with Oregon State
- ORS 742.400 – laws governing medical malpractice claims
How Do I Choose a Medical Malpractice Attorney?
The right medical malpractice attorney will be forthcoming and diligent. They will not pressure you into signing an agreement or pester you right after your injury. A quality attorney will explain legal terms and proceedings to you in a digestible manner.
The right attorney for your personal injury case should have trial experience. Many personal injury attorneys, especially those from large commercial firms, do not have the necessary skills to present your case to a jury should the need arise. Keith Dozier Trial Attorney and associates have years of trial experience with an extensive record of successes, with many court verdicts resulting in over $1 Million.
Injury Attorney in Portland, Oregon
We understand how complex and overwhelmed individuals and their families can be when faced with life-altering injuries that can come from medical negligence. Picking an experienced lawyer with your best interests at heart is the best decision you can make for your future.
Keith Dozier and his associates have litigated personal injury and discrimination claims against defendants of all sizes, from multinational corporations to large insurance companies. We have proven results, including a unanimous jury verdict for $19 million. We have achieved numerous recoveries in excess of a million dollars for severely injured clients. Contact us today to request a free case evaluation.