Common Misconceptions About Filing For Medical Malpractice

December 22, 2023

When it comes to filing for medical malpractice, misinformation can often deter victims from seeking the justice they deserve. At Andersen & Linthorst, we understand the complexities and challenges that come with these cases. It’s crucial to clear up common misconceptions, so individuals can make informed decisions. Our Oregon medical malpractice lawyer is here to guide you through this process with clarity and professionalism.

Understanding What Constitutes Medical Malpractice

A prevalent misconception is the belief that any unsatisfactory medical outcome is grounds for malpractice. In reality, medical malpractice occurs when a healthcare professional deviates from the standard of care, resulting in harm to the patient. This can include misdiagnosis, surgical errors, medication mistakes, and failure to inform the patient of risks. Recognizing what constitutes malpractice is the first step in evaluating whether you have a viable claim.

Timeframe For Filing A Claim

Many assume there’s plenty of time to file a medical malpractice lawsuit. However, like all legal matters, medical malpractice claims are subject to statutes of limitations. These laws vary by state and can be complex. In Oregon, for example, the general statute of limitations for medical malpractice claims is two years. Understanding these time constraints is vital to ensure your right to seek compensation is preserved.

The Complexity Of Medical Malpractice Cases

Another common myth is that medical malpractice cases are straightforward and easy to prove. In truth, these cases are often highly complex, requiring detailed medical knowledge and expert testimony. At Andersen & Linthorst, we work with medical experts to thoroughly investigate and substantiate your claim, ensuring that every aspect of your case is meticulously prepared and presented.

The Role Of “Standard Of Care”

Misunderstandings about the “standard of care” in medical treatment are also widespread. The standard of care refers to the level and type of care an average, prudent healthcare professional in a similar field would provide under similar circumstances. Demonstrating a breach of this standard is a critical component of a medical malpractice claim, requiring sophisticated legal and medical expertise.

Fear Of High Costs And Long Trials

Many potential plaintiffs are hesitant to pursue medical malpractice claims due to fears of high legal costs and protracted court battles. While some cases do go to trial, many are settled out of court. Moreover, most medical malpractice attorneys, including Andersen & Linthorst, operate on a contingency fee basis. This means clients don’t pay legal fees unless they receive a settlement or judgment in their favor, making it financially feasible for victims to pursue justice.

Insurance Companies And Settlement Offers

Lastly, there’s a belief that insurance companies will readily offer fair settlements. Insurance companies are often more concerned with minimizing payouts than providing fair compensation. It’s essential to have skilled legal representation to navigate these negotiations and ensure that any settlement offer adequately covers your damages and losses.

Navigating the world of medical malpractice claims can be challenging, but understanding the facts is key to making an informed decision. At Andersen & Linthorst, we are committed to providing our clients with the professional, compassionate, and effective representation they need to navigate their medical malpractice claims successfully. If you believe you have been a victim of medical malpractice, don’t let misconceptions hold you back from seeking the justice and compensation you deserve.

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