Have you or someone you love been harmed by the negligence of medical professionals? Whether it’s a misdiagnosis, surgical error, medication mistake, or a childbirth injury, there are several steps you can take to hold responsible parties accountable.
One of the first is filing a claim with Oregon’s medical licensing board. This will initiate an official investigation and potentially speed up your case’s settlement.
1. Identifying the Issue
The vast majority of medical professionals who work in Portland hospitals are exemplary, but the truth is that mistakes do happen. When they do, patients can suffer serious harm. Whether it’s due to an avoidable misdiagnosis, surgical error, medication mistake, or negligent childbirth practice, the consequences are often devastating for their victims and their families.
Hospital negligence occurs when a hospital employee violates the standard of care for their patients, which results in injury or death. The standard of care is the level of treatment a reasonable medical provider would provide under similar circumstances. This can include both acts (something the employee did) and omissions (not doing something that should have been done).
To prove negligence, Oregon hospital malpractice lawyers must demonstrate that the defendant breached their duty of care, this breach directly caused injuries and damages, and these damages are quantifiable. This can be a difficult task, especially when medical malpractice claims are contested by insurers who are trained to undervalue or deny these claims.
2. Gathering Evidence
Hospitals and health care providers must meet high standards of professionalism. However, just like other medical professionals, they make mistakes. When these errors cause injury, patients suffer.
Medical malpractice claims rely on evidence of several key things. First, it must be established that the provider violated their duty of care by failing to act in accordance with the accepted standard practices of their profession. This standard is typically established by using medical journals, peer-reviewed studies, and guidelines issued by professional groups.
Next, our Oregon hospital negligence attorneys must demonstrate that the breach of duty directly caused your injuries. This can be accomplished through testimony from medical experts, reenactments of the accident scene, and photographic and video evidence. An additional step is evaluating the corporate responsibilities of the hospital involved. This is best accomplished by utilizing an administrative expert with extensive healthcare administration experience. Having this evaluation early in the case can help formulate discovery requests and deposition strategies.
3. Defending Your Case
While the vast majority of doctors and nurses are dedicated and skilled professionals, mistakes still happen. These errors can be devastating to patients, often resulting in severe injuries, permanent damage, or even death.
When hospital negligence causes harm, victims deserve monetary compensation to cover their losses. This typically includes medical expenses, current and future lost income if they cannot work at their job as a result of their injury, and pain and suffering.
Our Oregon hospital negligence lawyer will evaluate your case and determine whether the evidence shows that a doctor breached their standard of care and harmed you. We must prove that the injury or illness you suffered was a direct result of the defendant’s actions or omission. We must also demonstrate that the injury would not have occurred had the standard of care been met.
Under Oregon law, a lawsuit must be filed within a certain time frame, known as the statute of limitations. The Moseley Collins Law team can explain how the statute of limitations applies to your specific situation and help you meet its requirements.
4. Negotiating a Settlement
While medical professionals are expected to provide the best care possible, mistakes still occur. When these errors result in serious injury, victims are entitled to compensation for their losses.
In order to bring a claim for medical malpractice, you will need to demonstrate that your doctor or hospital breached the applicable standard of care. You will also need to establish that the breach directly caused your injury. In addition, it is necessary to prove that your injuries and losses have caused significant harm.
A skilled Oregon hospital negligence attorney can gather a variety of evidence to support your case. This includes documentation of your symptoms and injuries, records pertaining to treatment and procedures, and any statements from family members or witnesses.
A medical malpractice claim can be complicated and lengthy. You will likely be required to obtain expert testimony to help strengthen your case. You may also be required to participate in a pretrial mediation or screening panel as part of the litigation process.