Clackamas Medical Malpractice Attorney

Medical Malpractice Lawyers in Oregon

When you go to see a doctor or other professional about a medical issue, you expect to be treated with the utmost attention and care. In fact, medical professionals are taught to uphold a “duty of care” by always trying their best to treat their patients comprehensively and effectively. However, doctors and nurses are human too, and, unfortunately, this means accidents can happen. When a medical professional does something particularly careless or reckless that results in harm to a patient, this is known as medical malpractice.

Jacobs Wilson Callahan, LLP has dedicated most of our resources to trying and settling medical malpractice cases on behalf of wrongfully injured clients since we opened in 2014. Our skilled Clackamas medical malpractice attorney draws from his legal expertise and military experience to effectively negotiate and litigate medical malpractice cases throughout Oregon. As a result, we have successfully recovered damages for numerous clients, allowing them to attain closure and peace of mind following a traumatic medical accident.

How Many Malpractice Suits are Filed Annually?

According to Hofstra University, there are over 17,000 lawsuits related to medical malpractice are filed in the U.S. annually. However, many malpractice claims are either unnoticed or just aren’t reported. Some of these include families who have lost a loved one due to medical malpractice either don’t know or don’t think it’s worth filing a claim for.

What Can Medical Malpractice Result From?

There are many causes of medical malpractice. A few are:

• Administering defective or incorrect medication
• Administering the wrong dosage of anesthesia
• Delayed diagnosis
• Failing to check a patient’s medical history before treatment
• Failure to properly provide informed consent
• Leaving a medical tool inside a patient’s body after surgery
• Misdiagnosis of a condition
• Performing the wrong surgery on a patient
• Prescribing the wrong dosage of medication

Common Injuries Caused by Medical Malpractice

Medical malpractice can come in many forms and involves anything from minor temporary injuries to permanent injury and death. Medical malpractice commonly results in the following injuries:

• Allergic reaction
• Birth injury
• Infection
• Nerve damage
• Overdose
• Quadriplegia
• Wrongful death

What Damages Can You Recover for Medical Malpractice?

Victims of medical malpractice are able to pursue all three types of damages available in all other personal injury claims. Unlike other personal injury claims however, Oregon, like many other states, imposes a cap on the amount of non-economic damages an injury victim can recover. According to the Oregon law this cap applies in all cases except where:

• The malpractice resulted in certain permanent injury or disfigurement

• The defendant’s conduct was grossly negligent, intentional, or malicious intent

What is the Statute of Limitations for Medical Malpractice Claims in Oregon?

Just as in all states, a statute of limitations applies to medical malpractice claims in Oregon. If you or a loved one have been the victim of medical malpractice, you must file your claim within Oregon’s statute of limitations, which is two years. This is the amount of time you have between either becoming injured or discovering your injury (if it wasn’t apparent at first) and submitting your claims paperwork. However, you may be able to file a claim up to five years after the date of the incident or discovery in certain circumstances.

How Do You File a Medical Malpractice Claim in Oregon?

First, you must file your claim within Oregon’s statute of limitations. Second, you must prove that the defendant (the individual or entity you are bringing a lawsuit against) actually committed malpractice. Simply being unsatisfied with your medical treatment is not enough to file a medical malpractice claim—you must show that a medical professional acted negligently and that negligence caused you harm.

Here are the four essential components needed to file a medical malpractice lawsuit:

• You and the defendant must have established a doctor-patient relationship prior to treatment
• The defendant must have deviated from the expected medical standard of care under the circumstances of which you were undergoing treatment
• The defendant caused you, the plaintiff, physical and/or emotional injury
• Your injury resulted in specific, quantifiable damages (medical bills, missed work, etc.)

You must be able to prove, with evidence, that all of the above occurred in order to receive compensation for the damages you suffered. A lawyer can help you investigate the incident and enlist the help of a medical professional who can provide expert testimony showing how the defendant failed to provide adequate medical care. Though medical malpractice cases usually settle before going to trial, we will prepare for litigation just in case.