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Questions Answered by Virgil Royer
1 Answer | Asked in Family Law, Health Care Law and Medical Malpractice for Oregon on
Q: Can i sue for malpractice if the contraceptive we used was administered wrong or failed? the Nexplanon was inserted wro

the Nexplanon was inserted wrong and she has to have it removed surgically later this month and now she is pregnant or potentially the Nexplanon failed itself we are not certain. The other part of this that makes it so much harder is we are very social people and consume alcohol regularly so my... View More

Virgil Royer
Virgil Royer
answered on Aug 5, 2022

You are asking the right questions as you process this. Don't lose sleep about yesterday. The stress and anixiety is certainly high, as this is in the top tier of stressful events. Suing a doctor/hospital is a very difficult but often a necessary decision to make. You need to be certain about... View More

2 Answers | Asked in Car Accidents for Oregon on
Q: Where to find an attorney for hit and run motor vehicle accident?

Type of accident: Hit & run (documented in police report)

Driver (victim): Oregon resident

Accident location: Idaho (twenty miles from Oregon border, on westbound side of highway)

Policy: Vermont, major insurer

Coverage: Uninsured motorist

Where should... View More

Virgil Royer
Virgil Royer
answered on Oct 15, 2021

Well, certainly sounds like you have some decisions to make. It seems that it is almost always best to sue where the tortious act/conduct (accident) took place. Of course, this would be Idaho. There is a lot to consider, including convenience to most of the participants and a forum that enables you... View More

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1 Answer | Asked in Consumer Law, Personal Injury, Products Liability and Small Claims for Oregon on
Q: How/where do I get compensated for hair loss from a hair product with misleading/false claims?

Hi, I’ve been looking for a lawyer to take my case, but with no avail. So I’ve been trying to do it on my own, but can’t. I would greatly appreciate knowing where or how I can get help getting compensation for this, if/what letter I can send, or if I have to go to small claims, etc.. Thank... View More

Virgil Royer
Virgil Royer
answered on Sep 24, 2021

There are few things more frustrating that companies that make promises to their customers, who rely on the promise, then only to find out that it is a lie. "Best Burgers in Town", "World-Famous Pizza", those all make us expect their products to be good--if not the best in town.... View More

1 Answer | Asked in Criminal Law and DUI / DWI for Oregon on
Q: 1. How do I get a dui and reckless endangermeant reduced?2. How am I able to get neglect taken off my record?

I was charged with a dui and reckless endangermeant while I was on my prescription medication I didn't have an accident but was swerving on the highway with my daughter in the backseat. I don't remember anything about the incident. I have much more details about the case and that day but... View More

Virgil Royer
Virgil Royer
answered on Sep 4, 2021

First, and foremost, consider yourself blessed that nothing worse happened and your daughter is alright and safe, as are you. Second, the fact you "don't remember anything about the incident" is troubling. But, it highlights the seriousness of what occurred. The fact that you were... View More

1 Answer | Asked in Health Care Law and Medical Malpractice for Oregon on
Q: Doctor I saw after my surgery lost my files and pics from my surgeon. Didn’t contact me prior, didn’t save in system.

I brought them in organized in a folder. When I tried inquiring about it, they kept saying they would look for them and call me back. They didn’t call back and lied and said I didn’t leave a voicemail when I have record of the call. They mentioned early on if they needed to reprint some of the... View More

Virgil Royer
Virgil Royer
answered on Aug 4, 2021

Very sorry for your experience. It is not a good feeling to have your records destroyed by those you expect to protect them. Is there a way to obtain these records again? You said that you brought in an organized folder, so I assume that you had copies obtained from another healthcare provider? If... View More

1 Answer | Asked in Car Accidents for Oregon on
Q: Was in a car accident my car got towed and I sighed over the title still charged me 100 and would not let me get my stuf

Is it legal they won't more money

Virgil Royer
Virgil Royer
answered on Jul 14, 2021

There are a ton of questions that are left unanswered about your situation. However, you probably know that tow trucks do not operate for free, in fact, from from it. Tows from an accident can be expensive. In most cases, the party who is at-fault is going to be ultimately responsible for paying... View More

1 Answer | Asked in Traffic Tickets, Appeals / Appellate Law, Car Accidents and Constitutional Law for Oregon on
Q: Who can I sue if I was involved in a two vehicle collision and was wrongfully given a citation? I've plead not guilty.

Without giving away too much information: I was positioned a parking lot positioned east headed south back towards my hometown. I was making a left turn as the collision happened. We got tboned by a car in the passing lane and the blame was unfairly put on me. I received a citation for careless... View More

Virgil Royer
Virgil Royer
answered on Jul 13, 2021

I am so sorry to hear that you were involved in an automobile accident. You mentioned, "we", so I hope everyone is alright. It is even worse when you get blamed and cited for an accident. First, I can understand the frustration. You must set aside your feeling of being "wronged"... View More

1 Answer | Asked in Medical Malpractice for Oregon on
Q: I'm located in Medford Oregon. A spot on my hand was misdiagnosed as "sun damage", when in fact, it was cancer.

I recently had the excision on my hand to remove it. This would not have been necessary if the doctor would have actually looked at the hand and did some testing. Just glancing at it and determining it was sun damage was negligent, since he knew I was on blood pressure pills which are known to... View More

Virgil Royer
Virgil Royer
answered on May 18, 2021

I am very sorry for your experience. I know it can be frustrating to go through an experience that was difficult and/or could have been prevented. Medical Malpractice cases are tough because they almost always involve a serious injury and/or loss. Plus, in order to have a claim against a medical... View More

3 Answers | Asked in Car Accidents and Personal Injury for Oregon on
Q: Can I sue the other driver of a car that hit mine?

My car was hit on the rear passenger side. The crash report says my car was only going 5mph when hit. According to the police report the car following behind the other car stated the lady ran a red light. The insurance company of the other driver said we were at fault because one witness said our... View More

Virgil Royer
Virgil Royer
answered on Apr 1, 2021

Yes. You can sue. The fact you can sue does not mean you have strong case. It sounds like there might be some conflicting evidence that needs to be sorted out. The fact you were hit on the passenger's side door might indicate that you were not at-fault because clearly your car was struck.... View More

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1 Answer | Asked in Personal Injury for Oregon on
Q: I went a property next to the largest homeless camp in hillsboro oregon . Who and how do I sue for property value loss

I own neighboring property to a large homeless camp in Washington county oregon. I've been told my property value had deceased 1000's and 1000's of dollars. Would there be a attorney to help me file suit and get paid a percentage of winnings? It's a very high profile piece of property.

Virgil Royer
Virgil Royer
answered on Mar 9, 2021

I understand your obvious frustration. Clearly, you have lost perceived value of your property due to the conditions of the surrounding property. It could be thousands of dollars. Who to sue? Who is responsible for the loss you feel you have encountered? If you think the City could do more to... View More

2 Answers | Asked in Personal Injury for Oregon on
Q: There is a huge homeless camp next door its private property who do I sue?

use? is a huge homeless camp next door it is private property on tualatin valley highway(worth alot). The property owner recently passed away, the city is doing nothing about it the camp keeps growing and garbage piling up. I have had things stolen from my property and the police wont do anything... View More

Virgil Royer
Virgil Royer
answered on Feb 24, 2021

This is a community problem. And, yet, a very personal problem for you because it affects your safety, comfort, and even the investment that you have in your home. At the same time, homelessness is a very sensitive subject. People have to live someplace. The solution has to begin with the city. You... View More

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2 Answers | Asked in Personal Injury for Oregon on
Q: Can I file charges against someone who used unreasonable physical force with multiple weapons.

I was cited for trespassing

Virgil Royer
Virgil Royer
answered on Feb 22, 2021

Yes, you can file charges against anyone by contacting the police to make a report. However, making a false report and/or misleading the officer away from what really happened is a crime. In short, you cannot lie about what happened. The officer will ask questions that might make sense of the... View More

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3 Answers | Asked in Personal Injury and Insurance Bad Faith for Oregon on
Q: Can an insurer require you to be evaluated by their doctor when treatment is partway done?

Last summer I was rear ended while stopped by a big truck with a solid steel bumper while I was in my 2003 Hyundai. Over the next few months I developed back pain and stiffness, along with sciatica. I started seeing a chiropractor after filing a claim with my insurer (who told me this was... View More

Virgil Royer
Virgil Royer
answered on Jan 29, 2021

Your insurance company can demand that you submit to a medical examiner for an independent medical examination (IME) per your contract with the insurance company to ensure the that the treatment you receive is medically necessary for injuries related to the accident. If you fail to attend, then you... View More

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3 Answers | Asked in Personal Injury and Car Accidents for Oregon on
Q: Driver 1 speeding no license or insurance and driver 2 pulls out in front of him who is at fault?

Driver 2 thought he had enough time to get out to the center lane (what he told the officer) but driver 1 (motorcycle) let go of the motorcycle realizing he was not going to have enough time to stop and the bike hit the driver 2 dodge ram truck and caused damage and driver 1 was injured from road... View More

Virgil Royer
Virgil Royer
answered on Jan 18, 2021

First, whether a person is insured or even licensed will not play into the determination of fault in terms of negligence. Although it could be a factor in determining degree of fault after it is established. A person who is likely to forgo the responsibilities to the public in getting a license... View More

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1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Oregon on
Q: Is Rogers v. Saylor, OR Supreme Court, 760 P.2d 232 (1988) still caselaw in Oregon? If not, what superceded it?

I'm just wanting to be certain that this precedent has not been overturned, and if it has, by what case(s)?

Virgil Royer
Virgil Royer
answered on Dec 29, 2020

I appreciate your question. My research of the case, reveals that Rogers v. Saylor, 306 Or. 267 (1988) has not been overruled or negatively treated on appeal, even though it has been cited in 37 subsequent cases.

The case discusses the the limitations on individual or governmental liability...
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1 Answer | Asked in Legal Malpractice and Medical Malpractice for Oregon on
Q: Am I able to get pro bono help for discrimination malpractice negligence and probably soon a wrongful death suit

My son's father's on his deathbed being refused medical treatment medications and insurance even though his income limit is guaranteed to meet criteria

Virgil Royer
Virgil Royer
answered on Dec 20, 2020

Your question likely poses many more questions. Being refused treatment, if done intentionally, can be much more than just negligent conduct. Also, there are many laws to protect people being denied insurance coverage. You may want to contact the state's insurance commissioner with regard to... View More

1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Medical Malpractice for Oregon on
Q: Family member refused insurance medical services and medication, income limit guaranteed to be met. Need help saving him

Dr refusing treatment and medication due to a missed urine test and discriminated against due to assuming drugs have been involved with no criminal background or past experiences this man will die soon without help

Virgil Royer
Virgil Royer
answered on Dec 18, 2020

Thank you for the question. I hope that this man will get help soon to prevent a death. It seems like there must be much more to the story raised in the question. Medical doctors swear to an oath to "Primum non nocere" (First, do no harm). First, it has to be established that the doctor... View More

1 Answer | Asked in Criminal Law for Oregon on
Q: i was assaulted at work recent and i need to file a claim but i dont know what steps to take can someone help me
Virgil Royer
Virgil Royer
answered on Dec 7, 2020

You mentioned that you were "assaulted" at work. You did not mentioned if it was someone in the company, or a third-person. For example, you work at a convenience store and it was robbed and you were assaulted by a customer. You need take the steps available to you through work, but going... View More

1 Answer | Asked in Car Accidents and Personal Injury for Oregon on
Q: Hey so I got into a car accident with no license or insurance and I got hit on the passenger side by a Amazon car

But the place we where at didn’t have a stop sign and I had my 4 month old in the car and my back hurts really bad

Virgil Royer
Virgil Royer
answered on Dec 6, 2020

I am very sorry this happened to you. Especially this time of the year, with COVID-19 impacting much of our lives. I am going to assume that you were not at-fault in this accident. First the health of you and your child are the most important thing. Fortunately, a well-protected baby can do well in... View More

2 Answers | Asked in Traffic Tickets and Car Accidents for Oregon on
Q: I was hit by a forest cop on one lane FS road blind curve. Please help, the damage is extensive.

I was coming up he was coming down the blind curve. Cliff on my side. One lane road. I swerved to avoid hitting him and he never even hit the brakes. My insurance lapses by a few weeks due to covid related financial issues. I have court coming up to contest the traffic ticket they gave me which was... View More

Virgil Royer
Virgil Royer
answered on Nov 27, 2020

I would add to the previous response a little. You did not say what your ticket was for. If the ticket was related to arguments revolving around why you think the Forest /Park Ranger ("Cop") should pay--then you will need to defend the ticket and prevail on the merits; otherwise, it will... View More

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