Oregon Medical Malpractice Lawyer

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Medical malpractice occurs when doctors, counselors, psychologists or psychotherapists act negligently when treating or diagnosing a patient. This most often occurs through erroneous actions or failure to meet the accepted level of care upheld in the field. A few examples are failed diagnosis, improper monitoring post-operation, surgical errors, and much more. When failure to meet standard or medical error becomes overwhelmingly evident, the patient can pursue compensation. However, with the complexities surrounding the medical field and the malpractices they commit, it is necessary to hire an Oregon medical malpractice lawyer to handle the case.

Seventy-three percent of settled medical malpractice cases to date have involved a medical mistake, and a recent study revealed that an average of 195,000 deaths in hospitals from 2000 to 2002 were related to preventable medical errors. Errors that do not result in death are by no means harmless, though. Expensive rehabilitation and return visit fees, equipment purchases, and loss of work can all come about due to medical malpractices. Luckily, medical malpractice laws are in place to prevent victims from being responsible for paying the costs created by malpractice.

Oregon expert witnesses must be licensed in Oregon and other neighboring states before practicing medical malpractice law and must have been in medical practice for at least a year before the date that the plaintiff's injury occurred. They are called upon to describe the standards of care relevant to a given case and identify any breaches that may have happened. For example, if the standard of care for monitoring a new born baby includes screening of temperatures at a set times, and temperatures were not properly taken on time and the baby falls increasingly ill when early detection was possible, there may be a case for medical malpractice. An expert witness would describe to the court the standards of care upheld in infant care facilities.

According to the statutes of limitations in Oregon, medical malpractice cases must begin within two years of the date that the injury occurred. In cases where the injury from malpractice does not effect the patient until some time later, the defendant has five years from the time of the procedure to file a claim. For minors, the statute of limitation starts when the minor turns 18 years of age and lasts for two years from that date.

Specific elements to a medical malpractice case must be brought forth in order for a case to be deemed credible. It must be shown that a duty was owed, meaning that there was a legal duty that existed between the patient and provider. This element of the case is important because it shows that a medical or health care provider took on the responsibility of treating the plaintiff's foundation of the case. Next, it must be shown that the care provider breached or failed to meet the standard of care owed to the patient at any point during the patient\'s stay. Third, it must be evident that the breach or failure to meet the standard resulted in consequent injury. Last, it must be proven that the specific breach or failure resulting in ailment placed a specific burden on economic and/or non-economic damages. The steps vital to winning a claim are complex and often difficult to prove, making it all the more necessary to retain the services of a qualified Oregon medical malpractice lawyer.


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