When doctors commit Portland Medical Lawsuit Help mistakes, victims should consult a Portland medical malpractice attorney. Whether the case involves surgical errors or failure to diagnose prostate cancer, attorneys can help their clients determine what went wrong and whether legal action is appropriate.
Can a victim hold a hospital accountable for a doctor’s negligence? Read on to learn more about suing hospitals for medical malpractice in Oregon.
Duty of Care
When medical professionals agree to treat a patient, they are expected to provide treatment that meets a certain standard of care. When this standard is violated and the patient suffers injuries or death, it is known as medical malpractice.
A Portland medical malpractice lawyer can assess the strength of your claim and determine whether you have a valid case for negligence. One of the most important elements is proving that the defendant owed a duty of care to the victim. This is usually established by establishing that there was a doctor-patient relationship.
It may also be necessary to produce relevant medical records, receipts and invoices; pay stubs and tax returns if your injury has impacted your income; photographs of injuries and damages; and other related documentation.
Negligence
When a healthcare professional deviates from the standard of care, they may be liable for medical malpractice. This can include mistakes during surgery, misdiagnosis, medication errors, and a lack of informed consent.
Malpractice claims are much more complex than ordinary negligence lawsuits and involve proving the breach of duty, causation, and damages. This often requires expert testimony to establish the specialized standard of care in the medical field.
If you or a loved one has suffered from an injury caused by a healthcare professional’s incompetent act or omission, it is vital that you retain a Portland medical malpractice attorney right away. Our team is ready to review your case and determine if you have a valid claim for financial compensation. This can help you obtain the treatment that you deserve.
Damages
Medical professionals make mistakes, and when these errors fall below the standard of care and cause harm to patients, they can be held responsible for malpractice. The process of proving malpractice requires demonstrating four key elements: duty, breach, causation, and damages.
Damages include economic and non-economic impacts. Economic damages cover tangible financial losses such as medical expenses and lost wages, while non-economic damages address intangible impacts like pain and suffering.
Additionally, in extreme cases of malice and reckless conduct on the part of the defendant healthcare professional, punitive damages may be awarded to compensate victims for their loss. However, these additional awards are rare and require the support of a qualified Portland hospital malpractice attorney.
Timeline
Medical malpractice claims can take a long time to resolve. This is due to factors such as the complexity of the case, the availability of expert medical testimony, and the willingness of parties to settle the claim.
Once your lawyer has investigated the alleged malpractice, the next step is to file a lawsuit against the healthcare providers involved in your case. Then, both sides must engage in a process known as discovery. This involves submitting formal requests for documents and records, questioning witnesses under oath in a process called depositions, and exchanging expert opinions that can form the basis of your claim. This can be a lengthy and expensive process. Once a settlement is reached, your attorney will ensure that any liens (payments to Medicare or private health insurance companies) are resolved before you receive your funds.
Insurance
When doctors and other healthcare professionals make mistakes, causing injury to patients, medical malpractice laws are in place to help victims seek compensation. A successful claim involves proving that the healthcare professional breached their duty of care, and that the patient suffered harm as a result.
The best way to prove negligence in a medical malpractice claim is to carefully gather evidence, such as test results, medical bills and expenses, notes from conversations with the healthcare professional, and statements from witnesses or family members. A Portland medical malpractice attorney can ensure that this evidence is properly collected and preserved.
In a jury trial, the jury will weigh the evidence and decide on a verdict. In a bench trial, the decision will be made solely by a judge.