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Medical Malpractice Lawyer Oregon

Medical Malpractice Lawyer Oregon

medical malpractice lawyer Oregon

If you believe you or a loved one was the victim of malpractice, you should consider calling our staff at Andersen Morse & Linthorst to sign up for a consultation with our professional medical malpractice lawyers in Oregon. We have years of experience representing the rights of those that have been harmed by the negligent actions of doctors, dentists, nurses and others in the medical field. We can provide you with an assessment of your case and help you navigate the complicated legal system. 

Types of Medical Malpractice

There are many different forms of medical malpractice. A few common ones include:

  • Misdiagnosis occurs when a doctor incorrectly diagnoses a person or didn’t provide them a diagnosis at all, and as a result, they received improper or no treatment. Heart attack, stroke, cancer, depression and thyroid disease are some of the commonly misdiagnosed conditions. The symptoms for the conditions in these cases present in a typical manner that a qualified healthcare provider should have diagnosed. 
  • Surgical errors can result in long-term consequences for the patient and even death. Some examples include operating on the wrong part of the body, performing the wrong procedure, using unclean instruments, and not providing adequate care before or after the surgery is complete. 
  • Medication errors are when a patient is harmed by the medication prescribed by a provider. Inaccuracies can occur when a provider doesn’t consider the patient’s medical history, prescribes the wrong dose, selects the wrong type of medication, or over-prescribes a medication. 
  • Childbirth injuries
  • Anesthesia errors

There are many more types of malpractice. If you think you have experienced any of these or other types of wrongdoing at the hands of your provider, you may want to contact our medical malpractice lawyers in Oregon to see what your options are. 

How medical malpractice lawyers will support you

Our medical malpractice lawyers will help you determine if your case can be successful in court. They will assemble and analyze your medical records, work with medical experts to develop and understand the merits of your case, take depositions from medical professionals, establish trial strategies, obtain objective, third-party review of your medical condition, and if deemed necessary litigate your case. 

Childbirth Injuries

Medical malpractice can contribute to severe injuries to a child during the process of birth. Cerebral palsy and seizure disorders, fractured bones, and paralysis can be a result of malpractice, although sometimes can result from natural causes. An experienced medical malpractice lawyer will be able to help determine if such injuries to the newborn are a result of medical malpractice, or doctor negligence, or if the injuries are of natural causes, and will be able to offer advice on how to move forward. 

Anesthesia Errors

Anesthesia errors, although relatively infrequent, can be more dangerous than errors made in surgery. Permanent injury, brain damage, and death can be a result of seemingly minor errors made by anesthesiologists. A failure of an anesthesiologist to investigate a patient’s medical history for possible conflicts that could lead to anesthesia complications, or failing to educate the patient on proper pre surgery preparation procedures may lead to complications. Also, being administered too much anesthesia, failing to monitor vitals, and improper intubation, may also constitute malpractice in anesthesia.

Failure to Treat

A frequent cause of medical malpractice claims, failure to treat violates standards of care that a caregiver agrees to when taking on patients. Some examples of failure to treat include:

  • Premature release of a patient from hospitalization
  • Failing to provide clear or any instructions for follow-up care.
  • Not ordering correct medical tests
  • Ignoring medical history of a patient when diagnosing illness or disorder

When a doctor or provider is responsible for care for more patients than they can handle, failure to treat can become more likely. When the provider is overwhelmed the quality of care may be sacrificed and could lead to failure to treat, and other forms of medical malpractice.

When a patient suspects they may be a victim of medical malpractice, a number of things must be done to take action and pursue compensation for damages and losses. We must prove a direct and relevant link between the providers actions, or lack of action, and the resulting injuries or illnesses. We must also prove how such injuries or illnesses caused damages in the form of expenses such as, medical, lost wages, and other losses related to pain and suffering. 

Are prescription errors medical malpractice?

If your doctor has prescribed you the wrong medication and it causes you harm in the long run, are you dealing with medical malpractice? This is a great question to ask because it does happen very often. Sometimes it’s intentional, sometimes the medication is for misdiagnosis, sometimes the dose is too high. There are many ways that a prescription error can happen, and there are many reasons for giving you these prescriptions.

A doctor is only liable if they are the one who actually made the mistake, and not someone else such as the pharmacist with the drug manufacturing company. This means that this is a very complex case to prove, there’s too many variables. Did the drug manufacturing company actually manufacture 20 mg pills instead of 10 mg pills but the label is 10 mg pills? Or did your position right the wrong dosage and your pharmacist gave you the dose adjustment by the physician? Or did your physician write the right dose, but your pharmacist gave you the wrong dose or the wrong medicine? 

So you can see there are a lot of variables when you are trying to prove medical malpractice and negligence due to a prescription error. In order for the lawsuit to be viable you have to prove that the doctor’s actions actually amounted to medical negligence. Proving liability in this type of lawsuit means that you have to prove the doctor was negligent in prescribing a certain medication, and you need to look at what the standard of care was under the circumstances for your illness that requires medication, how your doctor deviated from that standard and how you were harmed as a result.

The medical standard of care is the first thing that has to be established, and you will have to find an expert witness with experience in the same medical field as your dock. Next you must again show how your doctor failed to meet standard of care when treating you; what they did or did not do during your course of treatment. And last but not least you have to prove the medication caused you some kind of injury, such as exasperating health problems or creating new ones.

There are many ways in which a doctor can make a mistake in prescribing medication and here are some of the most common example was while this is not an exhaustive list is a list of the most common ways these errors are made:

  • The doctor prescribes the wrong dosage.
  • The doctor provides incorrect instructions for taking the medication.
  • The doctor prescribes the medication for the wrong amount of time.
  • The doctor prescribes a medication which contains an ingredient to which the patient is allergic.
  • The doctor prescribes medication that has a dangerous interaction with one of the other medications that the patient is taking.
  • The doctor prescribes a medication that will harm the patient because of the patient’s other underlying medical conditions.
  • The doctor prescribes a medication that is ineffective and causes the patient’s underlying and untreated condition to worsen.
  • The doctor fails to relay a drug manufacturer’s warning of risks and side effects to the patient, which is needed in order for the patient to make an informed decision.

Medication related mistakes can happen anywhere in the supply chain for manufacturers or patients, so you need to make sure that when you are dealing with these cases you are actually working with a doctor who has been negligent in some way.

Do’s and Don’ts of Medical Malpractice Claims

Do Document Everything

Your medical malpractice lawyer in Oregon at Andersen Morse & Linthorst may advise you on what specific documentation you should have to pursue your medical malpractice case. These documents may include:

  • Your medical records
  • The names of everyone who treated you, including nurses, techs and aides
  • Your birth certificate or the birth and death certificates if you’re filing on behalf of a loved one who passed away

Do Locate Your Income Tax Records

If you are going to be claiming lost wages and/or lost future wages, you need to have concrete numbers about your income. What better way to document that than through your income tax records? Make sure your medical malpractice lawyer in Oregon at Andersen Morse & Linthorst has copies of the last five years of income tax documents.

Do Gather Family Photos & Videotapes

Depending on the case, you may be able to receive damages for things such as loss of enjoyment of life, loss of services, and loss of consortium. Loss of enjoyment of life means the person who was injured by medical malpractice isn’t as happy or content as he used to be. Loss of services comes into play when your loved one can’t do things like wash the dishes or mow the lawn. Loss of consortium is when a spouse is no longer in a condition for intimacy with the uninjured spouse.

Don’t Overshare

However tempted you may feel to share about what that horrible doctor or insane nurse or crazy physical therapist put you through, don’t do it. Don’t email anyone about it; don’t blog about it; don’t post it on social media; don’t share it with your friends. Don’t share it with anybody but your medical malpractice lawyer in Oregon.

Don’t Miss Any Scheduled Doctor’s Appointments

If you miss any doctor’s appointments, the other party’s insurance company can claim that you must not be all that injured after all because you don’t feel the need to see the doctor regularly anymore. Make sure you see your doctor regularly. 

Don’t Sign Any Waivers

When you collect your medical records, there may be a form for you to sign. Read it carefully to make sure it doesn’t include any waivers. Better yet, show it to your attorney at Andersen Morse & Linthorst and let your attorney deal with it. Don’t sign anything the other party’s insurance company mails you. Don’t give any recorded statements to an insurance adjuster. Don’t let the other party have your full medical records; for example, an insurer might decide that since you have asthma, you were more susceptible to anesthesia mistakes.

3 Ways To Know You Have a Legitimate Medical Malpractice Claim

Medical providers are human, and there is the potential that they will make a mistake when delivering care, making a diagnosis or addressing a patient’s condition. Many of these mistakes are minor and do not cause significant harm to the patient. However, there are situations where the mistake can lead to serious injury, significant financial loss or even death. Not all malpractice suits will be successful in court. While the services of Anderson Morse & Linthorst can help litigate a medical malpractice claim, it is important to know if your situation would qualify as a case of medical malpractice.

1. Extraordinary Consequences

When you seek treatment from a physician, the provider has an obligation to thoroughly explain foreseeable and reasonable risks or benefits of the proposed plan. There is always the risk that an unforeseeable and unusual outcome may occur, and in the case that it does, it may be time to contact a medical malpractice lawyer in Oregon. For example, a patient may be scheduled for a relatively non-threatening procedure like gallbladder removal. While the surgery itself may go well, the surgeon may accidentally cut the bile ducts and an infection could ensue. Sepsis from the infection can be life-threatening. This situation creates additional complications, consequences that may be litigated as medical malpractice.

2. Lack of Informed Consent

There is a valid expectation that you, as a patient, will know what impact a potential treatment, surgery or medication will have on your health. In addition to being fully informed, there should be the ability to accept or decline to have the proposed medical care. When patients are not able to give informed consent and the results of the care cause actual harm, a patient could rely on a medical malpractice lawyer in Oregon to open a case of malpractice. In these situations, deviations from standards of care are not the burden of proof, rather than lack of opportunity a patient may have had to decline the procedure or choose an alternative.

3. Acknowledgment of an Error

In an instance when a healthcare provider or representative from a medical facility informs you that an error or mistake has occurred, there may be grounds to pursue a malpractice claim. This is particularly true when harm has occurred following a procedure or other medical intervention.

If you believed you’ve suffered harm on account of medical intervention or a provider’s services, consider speaking to a medical malpractice lawyer in Oregon. The office of Andersen Morse & Linthorst may be the legal support you need to pursue a case of medical malpractice.

Types of collectable damages

General Damages

  • loss of enjoyment of life
  • physical and mental pain and suffering, and
  • loss of future earning capacity.

Special Damages

These are more quantifiable expenses caused as a result of the medical malpractice such as:

  • Medical bills
  • Lost wages resulting from missing work

Punitive Damages

The rules on when a patient may get punitive damages vary from state to state, but the general requirement is that the provider must have known that he or she was behaving in a negligent or harmful way.

Defending you against malpractice insurers

Also, tactics used by malpractice insurers can be used against you to delay, or downplay the seriousness of your claim. An experienced medical malpractice lawyer will serve to advocate for you and defend your case against these potential actions of malpractice insurers. A medical malpractice lawyer will stand up for you against the insurers, and work to hold the negligent care providers accountable. 

What you can do to support your case

Once you decide to take action, you should make sure to document the symptoms you are experiencing, your medical visits (conversations you are having with healthcare providers, what happened at the visit, etc.), as well as any other pertinent information. Take pictures of your condition and other relevant items to your case. Request your entire medical record and make several copies. Continue to follow your doctor’s orders unless you feel they are harming you. 

Call a professional medical malpractice lawyer

There is a statute of limitations on when you can file a lawsuit against a provider. Cases take time to build so you will want to contact a lawyer as soon as possible to begin working on your case. In addition, waiting can lead to lost evidence and create barriers to a successful suit. Contact us at Andersen Morse & Linthorst today to learn what our medical malpractice lawyers in Oregon can do for you.

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