Medical Malpractice

Medical malpractice occurs when a doctor, hospital, or other medical provider makes an error, outside the reasonable standard of practice, which injures the patient.

Time Limits

The time limit within which to file a lawsuit is called the Statute of Limitations. In Oregon, an adult must file a lawsuit for a bodily harm injury within two years of injury.

Hidden Injuries

The statute of limitations says that if, through no fault of your own, you do not discover your injury or the doctor's negligence, you must file within two years of when you discover your injury and that your doctor or hospital negligently caused your injury. This extension usually cannot exceed five years from the date of the doctor's mistake.

Investigating Your Case

If you suspect you may have a legitimate claim, the best way to find out is with the help of an experienced lawyer. With your permission, a lawyer can gather all of the necessary medical records and find qualified doctors to review them to identify errors that may have been made by your doctor or hospital.

Affording A Lawyer

Medical malpractice cases may be prosecuted on a "contingency" basis. The attorney fees will only be percentage of any recovery. If no recovery is made, there is no attorney fee.

Lawsuits and Trials

If you pursue your case, and doctors of the appropriate specialty are willing to testify, your lawyer will file suit in court and ask for a jury trial. Many meritorious cases are settled before trial. A few, however, are decided by a jury. It is all but impossible to predict which cases will settle and which will proceed to trial.

Monetary Damages

Lawful compensatory damages include past and future pain and suffering, past and future loss of earning capacity or wages, and future lifetime cost of medical care and assistance. If you win the case, the doctor's (or hospital's) insurance company must pay the damages. You seek compensation for injury, not punishment or discipline against the doctor or hospital.