Medical Malpractice
In Oregon, the quality of physicians ranges from excellent to so-so. As an Oregon Trial Attorney, I tend to hear the bad stories. When a doctor’s negligence hurts you, then you can sue your doctor. That’s called a medical malpractice lawsuit.
As with any lawsuit for money damages, you have to prove three things: (1) the doctor failed to act as a reasonably careful physician under the circumstances, (2) the negligence hurt you, and (3) the monetary value of your loss.
Medical malpractice claims almost always require expert testimony. Another physician who practices in the same field will review what your doctor did. If the doctor believes that your physician failed to act as a reasonably careful physician under the circumstances for the community in which she or he practices, then you have a legal case for malpractice, so long as the medical mistake hurt you. (Sometimes mistakes don’t cause harm or do not cause enough harm to merit a lawsuit.)
All claims have strict time limits. If claims are not made on time, then they are lost forever. If you were hurt by a government doctor or in a hospital run by a public body, then your time limit to prepare a “tort claims notice” might be a little as 180 days. So, do not delay if you think you have a claim.
Not every mistake merits a lawsuit. I receive many calls from people who honestly believe their doctor made a mistake. Then, when we discuss how the mistake hurt the person, it turns out that it would cost more to pursue the case than the likely value of a verdict.
I have helped people with medical malpractice claims from Florence, Oregon to Portland, Oregon. I would be pleased to discuss the facts of your case with you at 503-665-4234.
If you do not want to sue, you can still file a complaint about your doctor with the Oregon Board of Medical Examiners.