Medical Malpractice Lawyer Medford, OR
Our medical malpractice lawyer Medford, OR residents trust can help you understand whether or not you have grounds to file a claim against a negligent medical provider for damages. Andersen & Linthorst handles all manner of medical malpractice claims and lawsuits for Medford residents who suffered serious injuries due to negligence or carelessness. Our Medford, Oregon medical malpractice lawyer is available to review your case at no charge and offer an opinion as to whether or not you might benefit from proceeding with a claim against the liable party. Below are some general guidelines and information that you may find helpful.
What is considered medical malpractice?
To qualify as medical malpractice, an action performed or not performed by a medical provider must meet several criteria. Even an acknowledged mistake may not meet the criteria for a medical malpractice claim, which is why it’s important to discuss your case with a medical malpractice lawyer Medford, OR residents trust from Andersen & Linthorst. When examining your circumstances, our lawyer will determine if your case meets the following criteria:
- A doctor and patient relationship had been established and acknowledged between yourself and your physician.
- Your physician provided a level of care when making a diagnosis, treating you, failing to treat you, or when providing any other type of medical service that was less than the standard accepted level of care. In effect, they breached their duty of care to you as their patient.
- There is a direct connection between your physician’s negligent act and the injury or worsened condition that you suffered.
- As a result of the injury or worsened condition that you suffered, you suffered damages in the form of pain and suffering, the need for additional and costly treatment, or in other ways.
What is the medical standard of care?
An important aspect of a medical malpractice case is that the doctor did not meet the medical standard of care when treating the patient. Your medical malpractice lawyer in Medford, Oregon will have to prove and provide information about these things:
- An accepted level of medical care should have been followed by the doctor as established according to the circumstances of your medical case. The standards that should have been met will be detailed according to the unique circumstances of your case.
- The doctor did not meet that level of medical care. Your medical malpractice lawyer will have to establish exactly how the doctor fell short. In the process, medical experts may be called to testify on your behalf.
- How the medical malpractice affected you in terms of injury or a worsening condition, and all associated costs. Documentation provided by your medical malpractice lawyer will likely include medical records, photos of your injury in its various stages, the cost of medical treatment for your injury or condition, your pain and suffering, and much more.
Medical Malpractice Law FAQ: I underwent a medical procedure and did not understand the risks, do I have the ability to file a medical malpractice claim?
At Andersen & Linthorst, our medical malpractice lawyers in Medford, OR receive calls each and every day about potential medical malpractice claims. Recently, we were asked about informed consent and whether or not it is possible to file a claim after the doctor failed to warn, or properly warn the patient about the treatment. Prior to explaining the general overview of this situation, it is important to understand that no two cases are alike, including those that involve informed consent, or lack of. If you think you have been affected by medical malpractice, please call Andersen & Linthorst to speak with a medical malpractice lawyer in Medford, Oregon.
I underwent a medical procedure and did not understand the risks, do I have the ability to file a medical malpractice claim?
Under Federal Law, as well as, state laws, any medical provider must discuss the risks or side effects of a treatment prior to it being administered or performed. This is known as informed consent. If the patient does not give his or her consent, and they are harmed, they may be able to recover compensation under medical malpractice laws.
What kind of damages are available to the plaintiff in a medical malpractice lawsuit?
For patients who have suffered an injury due to medical malpractice, there are three kinds of damages that are usually available throughout a lawsuit. The first type is general damage. Distance compensation for the suffering caused by the malpractice, such as things like mental and physical pain and suffering, loss of enjoyment of life and loss of consortium. Special damages is the second, which is more quantifiable expenses such as special damages including medical bills and reimbursement for lost income due to time missed that work. The last type of damage is punitive damage. These are meant to punish a physician or medical facility for conduct that is seriously wrong, where a patient was intentionally learned for example. Unit of damages are quite rare and medical malpractice cases.
If I had known the risk associated with my surgery, I would not have agreed to the procedure and can I sue my doctor?
It can be tricky knowing when you can sue your doctor. But in the senses is going to depend on what those risks were. Doctors must fully inform you about the serious risks involved in any proposed medical procedure or treatment so that you as the patient can decide whether you want to go forward. This is called informed consent. But your doctor does not need to inform you of every single risk that is involved in a procedure, only the important ones. Some of the important risks are stroke, death, anything is going to potentially affect your quality of life if it happened. When considering suing your doctor for not relaying all the risks, ask yourself another competent doctor would’ve enclosed this risk as an important one. And you should also ask yourself for normal patient would’ve made a different decision if the risk was disclosed.
If my doctor makes a mistake while treating me to hospital can I sue the hospital?
Sadly not. For the most part hospitals are not going to be responsible for a doctor’s medical malpractice especially if the doctor is not an employee of the hospital. Often times doctors are independent contractors are not employees. However there are several exceptions to the rule. A hospital may be responsible for a nonemployee doctors medical malpractice of the hospital does not make it clear that the doctor is not a employee. Often times hospitals avoid this problem by informing patients of the nonemployee status of the.there in their admission forms. If a patient is treated in the emergency room the hospital does not have the opportunity to inform the patient about the doctor’s employee status and therefore any malpractice in the ER is often the hospital’s fault. Sometimes states are going to allow patients to sue hospitals for medical malpractice of nonemployee doctors at the hospital gave the staff privileges to an incompetent or dangerous doctor.
What Is Wrong Site Surgery?
Medical malpractice is an umbrella term for numerous negligent incidences that can occur at a faulty doctor’s hands. You often hear of injuries that can occur when a doctor or other medical staff does something wrong. You may even have heard of cases where a doctor or medical staff left scalpels, gloves, or other equipment in a patient’s body. But what about when a doctor, such as a surgeon, performs the surgery exceptionally well, but to the wrong body part or patient? Although either incident may sound absurd, this has happened across the country.
Wrong Site Surgery occurs when a surgeon operates on the wrong person, the wrong limb, or the wrong body side. For example, suppose that you needed to get your left leg amputated due to an infection. You know that you’ll lose one of your legs and have to adjust to wearing a prosthetic piece if you can afford it. As the date of operation nears, you steel yourself mentally, anticipating this day. Maybe you’ve even started envisioning your body without your left leg whenever you look in the mirror. Perhaps you’ve tried walking just with your right leg. Finally the surgery day is here. Once you awaken from surgery, you get terrible news. The surgeon removed your right leg. However, the surgeon still needs to remove your left leg because of its infection.
Reviewing the scenario above, consider the mental anguish and depression you’ll endure. You were prepared to lose one leg, not two. Not to mention, you can’t immediately undergo surgery again. You have to wait for a recovery time. As you wait, your infection worsens. Not to mention, you’ll have to pay for another doctor’s appointment. Moreover, you’ll have to take even more time away from work, and it’s very unlikely that you can return to work or work the same occupation now that you’ll be missing two legs instead of one. These are just some of the issues that arise from wrong site surgery. If you or a loved one has been impacted by a surgeon’s negligence, you’re entitled to compensation. We at Andersen & Linthorst can offer the best medical malpractice lawyer Medford OR has to offer.
Wrong Site Surgery On The Wrong Person
According to medical journals, wrong site surgery on the wrong body side is the most common, but that doesn’t mean that other forms don’t happen, too. Medical negligence is particularly frightening when a surgeon operates on the wrong person. This can happen when medical staff switches you to a new room and forgets to swap out your charts or puts the wrong chart in your room. This can happen when a doctor is overworked, fatigued, drunk, or so stressed that s/he isn’t paying attention to whom s/he is operating on.
In wrong site surgeries such as these, you can sue for assault and battery in civil court, too. Your wrong site surgery may be worth millions. Thus it’s in your best interest to speak with a seasoned lawyer in Medford OR as soon as possible. After all, you have only two years from the date of the incident to file a lawsuit.
What is Informed Consent
It is safe to say that all medical treatment does carry a level of risk – be it mild to moderate, severe, or life threatening. Regardless of how little the risk might be, a medical provider must inform the patient about it. By doing so, the patient can understand what to expect and make an informed decision on whether they want to proceed. During the conversation, the medical provider should discuss:
- The treatment or procedure
- The likely outcome
- Possible risks or complications
- Possible side effects
Following this discussion, the patient will likely be asked to sign a form of consent that also discusses the risks and complications. It may include a section that asks the patient to acknowledge that they have been told about these risks. What you might not understand is that even if you signed this form, it doesn’t actually mean that you gave your consent. Rather, there should have been fluid conversation between you and the medical professional. You should have had the opportunity to discuss your concerns and weigh out your options.
If you did not give your consent, or was asked to sign a form – which you did – but never actually discussed these things mentioned above, and you were harmed, please call a medical malpractice lawyer in Medford, OR now.
When Informed Consent May Not Apply
As a medical malpractice lawyer in Medford, OR might tell you, there are situations in which you may not be able to give your consent, in this case, whether or not you can file a claim will largely depend on the elements of the case.
- You were unconscious and unable to give your consent
- You were in an emergency medical situation
- You were considered to be mentally incapaciated or emotionally distraught
- The doctor was performing another procedure on you and found an issue that need to be treated
Medical malpractice cases are often rife with complications that are then further exacerbated by laws, legislation, and rules. To learn more about your legal options, please call a medical malpractice lawyer in Medford, OR, from Andersen & Linthorst.
I Believe I am the Victim of Negligence After a Spinal Surgery, Should I Call A Lawyer?
Although any operation may have its inherent risks, when the spine or back is involved, the risk of side effects may increase. Spinal surgery is often very painful and requires several weeks to heal. Most patients will require an excessive amount of downtime, and they will very likely be unable to do heavy activities. Up to fifty percent of spinal operations are not successful. And many don’t relieve the pain (which is often the reason for the surgery).
In a small number of cases, a spinal surgery can worsen the initial symptoms or cause further injuries. While sometimes this can be an unavoidable side effect of the surgery, it might also have been caused by negligence. In general, if you believe you have been the victim of malpractice, you should consult a medical malpractice lawyer in Medford, OR for further advice.
Understanding Medical Malpractice
When a medical error occurs and leads to a patient needing further medical care or being injured in a way that should not have happened, it may be possible to file a claim with the help of a medical malpractice lawyer in Medford, OR. Compensation may be available for:
- Revisionary treatment
- Medical care
- Ongoing care
- Economic Damages
Surgeries involving the spine often come with significant risks; however, they are performed all across U.S. cities everyday. Spinal surgery may involve:
- Weak bones
- Weak muscles
- Stabilization of bones or tissues
- Cartilage problems
- Chronic pain
Depending on the issues and symptoms, the location of the problem, and the prognosis will depend on what surgery, or treatment option is available. If it is successful, spinal surgery can alleviate nerve pressure, repair damage, and rebuild or strengthen the spine.
If the treatment goes wrong, it may result in a patient suffering from short or long term injuries. Prior to receiving the procedure it is important a doctor reviews any and all associated risks. Failure to review these risks with a patient would warrant a case of negligence; a medical malpractice lawyer in Medford, OR should be sought.
At Andersen & Linthorst, our lawyers have handled a broad range of medical malpractice cases, including:
Failure to Manage Correct Medications – During a spinal surgery, nurses should be there to closely monitor a patient while administering medication. If the wrong medication is given, or too much of it is administered, the results can be serious if not fatal.
Losing Surgical Hardware – Although rare, it is possible for small screws, plates, or other pieces of equipment to be left or lost in a patient. When they are not discovered immediately, the patient could experience pain, infection, and other severe symptoms.
Damage to the Spinal Cord – It is possible for the spinal cord, nerves, or nervous system to be damaged during a spinal operation. If this happens, the injuries are usually permanent. In other words, the error is irreversible. A medical malpractice lawyer in Medford, OR may help you recover compensation for this type of negligence.
If you believe you were the victim of medical negligence, and would like to know more about your legal options, please call a medical malpractice lawyer in Medford, OR today.
Getting Help from a Medford, OR Medical Malpractice Lawyer
The higher the amount of damages you have suffered, the more likely you have a valid medical malpractice case. Major courts will likely not permit lawsuits to proceed if the case involves only minor injuries and any claim filed with a medical provider for minor damages may or may not be taken seriously.
To determine if you have a valid medical malpractice case, please call the medical malpractice lawyer Medford, OR residents trust from Andersen & Linthorst.
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