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Questions Answered by Virgil Royer
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... Read 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... Read 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... Read 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.... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read more »

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2 Answers | Asked in Medical Malpractice for Oregon on
Q: Yes I was wondering if false documentation on a medical record from a physician is something to pursue

There is no expectations or pain contracts set in place therefore I was unaware of the rules

Virgil Royer
Virgil Royer answered on Nov 24, 2020

I agree with the previous response. Since it is unclear what you mean by "false documentation". I sincerely believe that you might find errors contained in almost any patient's file, such as a wrong birthdate, or height/weight, or someone's else name inserted. Nearly all of... Read more »

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1 Answer | Asked in Medical Malpractice for Oregon on
Q: I took my daughter to the dentist and she received unnecessary dental work that I did not authorize or approve.

I took my six year old daughter to the dentist she was supposed to have two fillings and a coating of sealant put on her teeth. after the dental assistant brought my daughter out she had said that two of her teeth were loose and it falling out during the procedure on their own after getting home... Read more »

Virgil Royer
Virgil Royer answered on Nov 19, 2020

I hope that your daughter is doing well. Getting dental care at a young age is important and you want her to have a positive experience. This is a tough issue, because a child (as a patient) cannot legally consent to treatment. You, as the parent, are in control of what is consented to and what is... Read more »

1 Answer | Asked in Employment Law for Oregon on
Q: I am plaintiff in civil suit, Pro Se. I need an attorney to re-write my Plea, which has been rejected by judge/technical

This case is one of wrongful termination, perjury, slander....I have 45 additional days in which to write a legal, correct Plea.

Virgil Royer
Virgil Royer answered on Nov 18, 2020

Just a few brief thoughts for you with regard to your question. This is a civil case. it is in state or federal court? Perjury is exclusively a criminal charge and only the District Attorney/Federal Prosecutors can make those types of charges. Being able to show, within your civil case, that... Read more »

3 Answers | Asked in Personal Injury for Oregon on
Q: Injured,had coffee thrown on me.

A woman became irate and threw coffee on me. As a result I slipped and fell onto the floor. I injured my arm and leg.

Virgil Royer
Virgil Royer answered on Nov 15, 2020

I am very sorry that you were injured. I hope that you receive proper treatment for both your arm and leg. The first step to a personal injury is to ensure that you take care of your health. You may have two possible claims. One for the intentional tort of assault/battery and one for negligence. It... Read more »

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1 Answer | Asked in Car Accidents for Oregon on
Q: Someone hit and ran my car totaled it i have no license or insurance what will happen?

Was taken by ambulance to hospital my friend got life flighted air bags went off

Virgil Royer
Virgil Royer answered on Nov 15, 2020

This is clearly not a very optimal situation. I hope that your friend and you recover fully from this accident. Nothing is more precious than people and their health. If your friend has car insurance, it is possible that they can make a claim for Personal Injury Protection (PIP) under their... Read more »

2 Answers | Asked in Personal Injury for Oregon on
Q: Do lawyers fight against their own city or county?
Virgil Royer
Virgil Royer answered on Nov 15, 2020

This question assumes that attorneys have their "own" county/state. They don't. Attorneys, if they find merit in a cause and choose to accept it, will file claims against governmental agencies to the extent they believe justice requires. There are often immunities that prevent... Read more »

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2 Answers | Asked in Car Accidents, Personal Injury and Criminal Law for Oregon on
Q: If I was hit and injured in a car accident having no insurance and a suspended license, what are my options considering?

I left the scene before cops arrived "Which is considered a "hit and run" the person who hit me is at fault and was not injured nor were any of her passengers. I have not filed a report, nor spoke with police about the matter. I am afraid, because I don't have insurance, I will... Read more »

Virgil Royer
Virgil Royer answered on Sep 16, 2020

You pose an interesting, and all too common set of issues. If you are in accident caused by someone's negligence, and do not have auto insurance, then you are entitled to recovery your monetary damages (for example, medical bills, lost wages, property loss). In other words, you cannot recover... Read more »

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