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 Morse & 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 Morse & 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 Morse & 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 Morse & 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 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 Morse & Linthorst.
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 Morse & Linthorst.