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Oregon Medical Malpractice Questions & Answers
2 Answers | Asked in Medical Malpractice and Personal Injury for Oregon on
Q: I was given an experimental drug at a hospital without my consent and it resulted in serious medical issues, can I sue?

In 2016 I was taken to OHSU because I had contracted necrotizing fasciitis from the Clackamas River. They knew that my legs needed to be amputated in order to save my life but instead they gave me an experimental drug without my consent to see if it would stop the rate of the infection. It did not.... View More

Calvin A. Knickerbocker III
Calvin A. Knickerbocker III pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 22, 2024

If OHSU deviated from the standard of care by not amputating your legs promptly, which is a known effective treatment for necrotizing fasciitis, you might have a case for medical malpractice. The experimental drug trial's protocol, if it delayed necessary treatment, could be seen as negligence... View More

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1 Answer | Asked in Medical Malpractice for Oregon on
Q: Had head injury & unconscious for short time. Went to ER with obvious head trauma. But no concussion test performed.

I had a Mt. Bike accident in 2021. I landed in my head & right shoulder & was unconscious for a short time.

I was taken to local ER, I had an obvious head injury but was not given a concussion test. Only focus was on clavicle break. Surgery to fix clavicle a few days later &... View More

Calvin A. Knickerbocker III
Calvin A. Knickerbocker III pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 18, 2024

Based on the information provided and general legal principles here's how you might approach this situation:

Legal Basis for a Claim:

Standard of Care: Emergency rooms are expected to follow a standard of care, which includes assessing and treating all injuries, especially when...
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1 Answer | Asked in Medical Malpractice, Personal Injury and Products Liability for Oregon on
Q: Hello I won a medical settlement that closed 8 months ago

Hello I won a medical settlement that closed 8 months ago, my attorney has been giving me the runaround on paying by saying that they have to clear any medical liens before they can release the money. Initially this was only supposed to take a month. Yet here it is 8 months later I still have not... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Sep 7, 2024

I am not saying your attorney is or is not telling you the truth, but this is unfortunately fairly common with cases that include medical bills. Plus, your insurance company may not know about all the potential liens. In fact your own insurance company may not even know if it has a lien, as those... View More

1 Answer | Asked in Medical Malpractice for Oregon on
Q: Potential medical malpractice case: delayed hemorrhage/stroke diagnosis led to epilepsy and severe career impact.

Seeking legal representation for a potential medical malpractice case involving a delayed brain hemorrhage (stroke) diagnosis leading to epilepsy. My May 2021 MRI revealed a hemorrhage, but it was not disclosed. Recently diagnosed with epilepsy after presenting to ER with right-sided weakness,... View More

Joel Gary Selik
Joel Gary Selik
answered on Aug 28, 2024

This is most likely a valid malpractice case, showing both liability and damages/harm. 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.

Use this website to find potential...
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2 Answers | Asked in Medical Malpractice for Oregon on
Q: What are my options for medical malpractice involving medicine.

I was given an injection by a MA at doctor's office which turned out to be 4 times the original dosage my doctor ordered. I was in a lot of pain for 2 months. What if any are my options with the doctor's office?

Calvin A. Knickerbocker III
Calvin A. Knickerbocker III pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 15, 2024

Even if you're not sure about filing a lawsuit, a consultation with a medical malpractice attorney can provide clarity on your rights and potential outcomes. They can discuss the statute of limitations, which in Oregon for personal injury (including medical malpractice) is generally two years... View More

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1 Answer | Asked in Health Care Law and Medical Malpractice for Oregon on
Q: is it medical malpractice to prescribe medication for something i dont prior to getting test results?
Tim Akpinar
Tim Akpinar
answered on Aug 19, 2024

An Oregon attorney could advise best, but your question remains open for three weeks. It looks like a word may have been left out of your post. If you meant, " ...prescribe medication for something I don't [NEED or WANT] prior to... ," it's possible that it could be med mal. You... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for Oregon on
Q: Due to cervical neurosurgery that damaged my spinal cord and median nerve as well as dislocated and twisted my right arm

from the shoulder it left me with weak limbs and numbness in my extremities. This happened 11/18/22

I had a felony conviction in 2003 otherwise a firm would have done it. Is there an attorney interested?

Tim Akpinar
Tim Akpinar
answered on Jul 24, 2024

An Oregon attorney could advise best, but your question remains open for a week. I'm sorry for the injuries you suffered in connection with the cervical neurosurgery. You're asking if attorneys here are interested. It's difficult for attorneys here to offer their services - the... 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
PREMIUM
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

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