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Oregon Medical Malpractice Questions & Answers
0 Answers | Asked in Health Care Law and Medical Malpractice for Oregon on
Q: What legal remedies are available for medical costs due to statin-induced necrotizing myositis?

My wife was recently diagnosed with statin-induced necrotizing myositis after taking Atorvastatin. She was hospitalized and suffered severe muscle damage, and we do not yet know if the damage is permanent. She is undergoing IVIG treatment, which is helping but extremely expensive, and we are unsure... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for Oregon on
Q: June 2023, I was in Riverton, Wyoming when I suffered a heart attack. I was subsequently life flighted to Wyoming Medica
Joel Gary Selik
Joel Gary Selik
answered on May 12, 2024

Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did. Consult with experienced malpractice attorneys in the state where this occurred.

1 Answer | Asked in Medical Malpractice for Oregon on
Q: In Oregon, can a medical malpractice claim be brought in small claims court? If so, what are the odds of prevailing?
Tim Akpinar
Tim Akpinar
answered on Apr 25, 2024

An Oregon attorney could advise best, but your question remains open for a week. They are not usually filed in small claims. Instead, they are generally filed in courts of unlimited monetary value. Good luck

1 Answer | Asked in Medical Malpractice, Personal Injury and Civil Rights for Oregon on
Q: Would I be entitled to compensation from medical malpractice and negligence that occurred while incarcerated
James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 19, 2024

If you believe you were a victim of medical malpractice and negligence while incarcerated, you may be entitled to compensation. The law requires that inmates receive adequate medical care. If this standard of care is not met, resulting in harm, you could have grounds for a claim. However, these... View More

1 Answer | Asked in Medical Malpractice for Oregon on
Q: I have now had 2 augmentations done by same Dr.

The first he went too small, way smaller than we agreed upon & I told him it wasn’t worth it to me to go up only 1 cup size, yet he said I’d be a lot bigger, welp that was a lie.

7 months later he just did another one on me. They are so bad. I said I would not agree to the surgery... View More

Joel Gary Selik
Joel Gary Selik
answered on Dec 15, 2023

The first step would be see to see another plastic surgeon to determine what can be done to fix the issues.

Then consult with an experienced medical malpractice attorney.

1 Answer | Asked in Medical Malpractice for Oregon on
Q: Hello hello, I not sure about a case. My lawyer dropped on me right close to the deadline and now I need an extension

I was induced into a coma. Was created two huge beds stores on my backside eventually making me lose my hip bone making me not be able to walk due to that case. I had a lawyer that was on the case and dropped it right before the deadline the most with pretty much let me not to be able to get... View More

Joel Gary Selik
Joel Gary Selik
answered on Nov 7, 2023

You should get a lawsuit on file if you can by your state’s laws (some states’s require a certificate of merit from a doctor). If it is impossible, you may have a legal malpractice lawsuit against that attorney. Consult with experienced legal malpractice attorneys in the state where this occurred.

2 Answers | Asked in Medical Malpractice and Personal Injury for Oregon on
Q: Wondering if i experienced medical malpractice?

Had carpal tunnel and trigger finger surgery. Told surgeon 2 times and the nurse who admitted me day of surgery that i didn't want trigger finger done. I was ignored and now I have dupuytren's disease

John Michael Frick
John Michael Frick
answered on Aug 11, 2023

If a surgeon performed an operation on you without your consent, you would have a claim for battery.

I warn you, however, that most surgeons as a matter of policy secure written consent from their patients. It will be very important to your case to have a competent lawyer review any...
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2 Answers | Asked in Medical Malpractice and Personal Injury for Oregon on
Q: I was given a shingles injection the wrong way and I'm now suffering long term side effects. can I sue?

The technician who gave me the shot injected it in the wrong area. I have had pain and swelling in the area for over 2 months now. I have 2 ultra sounds scheduled for next week to find out what the swelling is in my arm and another one to check for vein and nerve damage. I don't feel I should... View More

Joel Gary Selik
Joel Gary Selik
answered on Jun 10, 2023

Yes. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did. Due to the nature of medical malpractice cases, the extent of your injuries may affect the viability of your case. Consult... View More

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1 Answer | Asked in Medical Malpractice for Oregon on
Q: What are the statue of limitations for suing for neuropathy due to medical malpractice

I was rushed to er.with broken tibia/shattered ankle. Pumped full of medication and still yelling cause of pain telling them it feels like it's going to explode they said I could have compartment syndrome but don't know. I sat there crying for 19 hrs til a surgeon came in following day... View More

John Michael Frick
John Michael Frick
answered on May 31, 2023

A huge part of any case you may have will be whether a surgeon was available to treat you earlier.

It sounds to me like they correctly diagnosed you and took the correct medical steps, but that it’s a timing issue.

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

1 Answer | Asked in Medical Malpractice for Oregon on
Q: A nurse did not deflate the catheter before removing it, how much financial compensation should we ask for

My husband has had to go back into the hospital 2 times since this happened because there is permanent damage to the urethra and it keeps causing a blockage in the catheter. The hospital has asked us to give them a written statement with a idea what we would like for compensation monetarily. But I... View More

Tim Akpinar
Tim Akpinar
answered on Mar 1, 2022

An Oregon attorney could advise best, but your question remains open for four weeks. However, it would be difficult for any attorney to offer guidance on determining a figure here. There are no step-by-step universal directions an attorney could offer. When a med mal firm makes a demand in a case,... View More

1 Answer | Asked in Employment Law, Civil Rights and Medical Malpractice for Oregon on
Q: Is there anything happening in Oregon blocking vaccine mandates by employers and or schools in Oregon?

If not, have other states had success in blocking vaccination mandates?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Aug 20, 2021

I have not heard of anything in Oregon, and attempts in other states, as usual and expected by the legal community, have been unsuccessful.

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 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

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

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

Patrick D. Angel
PREMIUM
Patrick D. Angel
answered on Nov 22, 2020

Regarding the question as to whether false documentation on a medical record is something to pursue, the short answer is yes. You should always point out something inaccurate in your medical records if you notice it. It's just good practice and could protect you from harm, such as if the... View 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... View 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... View More

2 Answers | Asked in Medical Malpractice for Oregon on
Q: How do I know if I have a medical malpractice suit?

I was diagnosed with a hiatal hernia in 2016. My pcp has never addressed it. I have been to the er numerous times thinking it was a heart attack and told it's a panic attack and sent home.

Tim Akpinar
Tim Akpinar
answered on Oct 21, 2020

An Oregon attorney could advise best, but your post remains open for three weeks. You do not include a question, but it's possible you may be wondering whether this diagnosis (or misdiagnosis) gives rise to a claim for medical malpractice. In the brief description, it is not fully clear what... View More

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1 Answer | Asked in Contracts, Business Law, Health Care Law and Medical Malpractice for Oregon on
Q: What are my legal rights if a failed dental implant is redone by another dentist or oral surgeon?

A dentist performed a dental implant on me that failed. So they are offering me the option of either a full refund for the failed implant or having an oral surgeon remove the implant and redo it. They are asking me to sign a letter stating which option I choose. For the second option, which I want... View More

Tim Akpinar
Tim Akpinar
answered on Oct 12, 2020

An Oregon attorney could advise best, but your questions remain open for two weeks. As a GENERAL matter, it could be difficult for any attorney to offer an advisory opinion here, because sometimes the enforceability of any agreement cannot be guaranteed or precluded until it goes before a judge, or... View More

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