Medical Negligence: Understanding Your Rights

August 20, 2023

Medical negligence can have life-altering consequences for patients and their families. If you believe you’ve been a victim of medical malpractice in Oregon, it’s essential to understand the state’s medical negligence laws. In this blog post, we will shed light on the key aspects of Oregon’s medical negligence laws to help you navigate this challenging situation.

What Is Medical Negligence In Oregon?

Medical negligence, often referred to as medical malpractice, occurs when a healthcare provider fails to meet the standard of care expected in their profession, resulting in harm to the patient. This harm can be physical, emotional, or financial.

The Statute Of Limitations

In Oregon, there is a statute of limitations for filing medical malpractice claims. Typically, you have two years from the date you discover the injury or should have discovered it through reasonable diligence to file a lawsuit. However, it’s essential to consult with an Oregon medical malpractice lawyer to ensure you meet all deadlines.

Medical Review Panels

Before filing a medical malpractice lawsuit in Oregon, you must go through a medical review panel process. This involves presenting your case to a panel of healthcare providers who evaluate the evidence and provide an opinion on whether malpractice occurred. While the panel’s opinion isn’t binding, it can significantly impact your case.

Caps On Damages

Oregon places a cap on non-economic damages in medical malpractice cases. Non-economic damages include compensation for pain and suffering, emotional distress, and loss of enjoyment of life. As of 2021, the cap is set at $500,000, but it may be adjusted for inflation over time.

Testimony Requirements

To prove your medical malpractice case in Oregon, you typically need testimony from a qualified medical professional. This medical professional can explain the standard of care that should have been provided and how the healthcare provider deviated from that standard.

Comparative Negligence Rule

Oregon follows a comparative negligence rule, meaning that if the patient is partially responsible for their injury, their compensation may be reduced proportionally. However, even if you were partly at fault, you may still be eligible for compensation.

The Importance Of Legal Representation

Navigating Oregon’s medical negligence laws can be complex, and it’s crucial to have an experienced Oregon medical malpractice lawyer by your side. An attorney can help you gather evidence, navigate the medical review panel process, and build a strong case.

Seek Legal Guidance

If you believe you’ve been a victim of medical malpractice in Oregon, don’t hesitate to seek legal guidance. The experienced team at Andersen & Linthorst specializes in medical malpractice cases and is dedicated to helping individuals like you obtain the compensation and justice they deserve.

Our attorneys understand the intricacies of Oregon’s medical negligence laws and are here to support you every step of the way. We believe that everyone deserves quality healthcare, and we’re committed to holding negligent healthcare providers accountable for their actions. Contact us today for a free consultation, and let us be your advocates in your pursuit of justice. Together, we can make a difference.

Also serving Ashland, Jacksonville, Applegate, White City, Central Point, Eagle Point, Klamath Falls, and people all over the State of Oregon