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Oregon Health Care Law Questions & Answers
1 Answer | Asked in Health Care Law and Medical Malpractice for Oregon on
Q: If my last doctor lied on the visit notes can I sue him if I have all the proof of corresponding between us

I have records and proof and my husband as a witness to all my appointments

Tim Akpinar
Tim Akpinar
answered on Feb 6, 2025

An Oregon attorney could advise best, but your question remains open for two weeks. It's possible you could, depending on the nature of the incorrect information and the intent or malice with which it was entered. It could depend on the significance of the error/lie, whether you were... View More

1 Answer | Asked in Elder Law and Health Care Law for Oregon on
Q: Mom is 96 years old and has dementia. In 2018 or 2019 she had a heart attack.

She has a directive stating do not revive. This failed to happen. Quality of life has been very bad since then. The memory care facility she was living in failed to include the directive when she went to the emergency room.

Question, do we have a case?

Theressa Hollis
Theressa Hollis
answered on Jan 24, 2025

In my opinion it is unlikely that you would have a legal case against either the care facility or the hospital. But to be sure you should consult with a personal injury attorney.

Be sure that the care facility has a copy of your mother's Advance Directive on file, give a copy to her... View More

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 Health Care Law, Insurance Bad Faith and Public Benefits for Oregon on
Q: My disabled son's governmentally assigned insurance company is not covering doctor prescribed medicine -- without cause.

My son has many diagnoses. In his case notes it is documented that he can only take ODT tablets. He does not have the ability to swallow medication. But, these types of pharmaceuticals cost more. The government assigned insurance companies (out of the blue) deny him coverage (often) "JUST... View More

Tim Akpinar
Tim Akpinar
answered on Aug 3, 2024

An Oregon attorney could advise best, but your question remains open for two weeks. Your frustration is understandable, given the clear medical necessity for ODTs.

To answer your question, you could find a lawyer through independent searches, the "Find a Lawyer" tab above, and... View More

1 Answer | Asked in Civil Rights, Health Care Law and Social Security for Oregon on
Q: wait 4 vague "a need for medical records" is not effective& is there an actual specified list/ Statements for SSI review

Where please is the master checklist, in an easy to understand groceries list style format, of specific subjects, notes, and questions, on what i need to do to prepare for reinstatement of SSI mental health, not ssdi? this is after a long period of being away/not applicable although not from having... View More

James L. Arrasmith
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answered on May 12, 2024

I can provide some general guidance on how to prepare for the reinstatement of your SSI benefits due to mental health conditions.

1. Gather medical records: Collect all relevant medical records from your healthcare providers, including diagnoses, treatment plans, and any hospitalizations... View More

1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Health Care Law for Oregon on
Q: State hospital said my son was on life support and had to come down and make arrangements and say goodbye to him wasn't.

Him. Hospital escorted me and family out of there a d to the parking lot with a sorry. My family and I are have struggled since. What came we do I feel violated and scared I cry and any thought of a child hurt I burst into tears

James L. Arrasmith
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answered on Mar 15, 2024

This is a deeply traumatic experience, and it's understandable that you feel violated and scared. First, consider speaking with a counselor or therapist who can provide emotional support and help you and your family navigate through this difficult time. Coping with such a severe mistake can... View More

1 Answer | Asked in Civil Rights and Health Care Law for Oregon on
Q: Does a patient have to disclose any medical information to the school they attend?
James L. Arrasmith
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answered on Jan 16, 2024

No, a student typically does not have to disclose any medical or health information to their school under most circumstances. A few key details here:

• Schools cannot require disclosure of medical info or require physical exams except in very limited cases (e.g. verification of... View More

1 Answer | Asked in Personal Injury, Civil Rights, Constitutional Law and Health Care Law for Oregon on
Q: I was accused of being intoxicated at my pain doctors, threatening.. took pee test and alcohol test negative for alcoho.

Well i was accused of alcohol. Intoxication, told that i cannot leave till results of test come back, i got angry and said couple cuss words. After doctor accused, her reason was somebody in the office said they smell alc. On me. Then i was told they will no longer help me. And cut off my oxycodone... View More

James L. Arrasmith
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answered on Dec 20, 2023

In your situation in Oregon, it's crucial to understand that if you were wrongfully accused of intoxication and consequently denied medical treatment, you might have grounds for a complaint. Being cut off from prescribed medication like oxycodone without proper procedure or consideration for... View More

1 Answer | Asked in Gov & Administrative Law and Health Care Law for Oregon on
Q: Can a doctor's order override guardianship decisions in Oregon?

I am the guardian of my adult daughter who lives in a foster home in Oregon. They requested to give her a non-mandated pneumonia vaccine, which I declined. The foster home stated that a doctor's order could override my guardianship decision. Is it true that a doctor's order can override... View More

James L. Arrasmith
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answered on Jul 5, 2025

No, a doctor’s order does not automatically override the authority of a legally appointed guardian in Oregon. As your daughter’s guardian, you hold the legal right to make medical decisions on her behalf, including whether she receives non-mandatory vaccinations. Unless a court has limited your... View More

1 Answer | Asked in Employment Law, Health Care Law and Civil Rights for Oregon on
Q: Is it legal for my employer to contact my physician without my knowledge in Oregon?

I'm concerned about whether it's legal for my employer to contact my physician without my knowledge. My employer reached out to my doctor expressing concern about my ability to push wheelchairs at work, despite not discussing these concerns directly with me beforehand. Furthermore, my... View More

James L. Arrasmith
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answered on Jun 25, 2025

Yes, in Oregon—and under federal law—your employer is generally not allowed to contact your physician without your knowledge or consent. The Health Insurance Portability and Accountability Act (HIPAA) protects your medical information, and your doctor is prohibited from sharing any details... View More

1 Answer | Asked in Health Care Law and Immigration Law for Oregon on
Q: Is drug testing without consent legal during pregnancy in Oregon?

I live in Oregon and recently attended my first OB appointment for my pregnancy. After returning home, I discovered I was drug tested without my consent. They told me the urine sample was for checking infections. Due to having Meniere's disease and anxiety, I used to smoke cannabis, which was... View More

James L. Arrasmith
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answered on Jun 11, 2025

What you’re going through is deeply personal, and it’s understandable to feel violated and worried. In Oregon, drug testing during pregnancy without explicit consent is a gray area. Doctors can test urine samples for multiple purposes, including drug screening, especially if they say it’s for... View More

1 Answer | Asked in Gov & Administrative Law, Civil Rights and Health Care Law for Oregon on
Q: Is Unity Behavioral Health adhering to ORS 426.385 in refusing patient correspondence?

I am a patient at Unity Behavioral Health, and since April 14th, the nurses have repeatedly refused to allow me to correspond with my support person, citing "established policy." This has occurred multiple times over the last two days, and the refusal happens even late at night. I... View More

James L. Arrasmith
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answered on May 14, 2025

You have the right under Oregon law to send and receive mail or messages from your support person unless the staff can show that letting you do so would seriously disrupt the therapeutic environment or create a clear safety risk. Simply wanting contact with your support person doesn’t meet that... View More

1 Answer | Asked in Health Care Law and Civil Rights for Oregon on
Q: How to find proof of someone's medical records and ethical considerations?

I want to find proof of someone's abortion or pregnancy. I am not facing any legal issues nor seeking legal action; I am just trying to uncover the truth from this person. Are there any legal ways or resources available to access such personal medical records, and what ethical considerations... View More

James L. Arrasmith
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answered on May 14, 2025

You cannot legally obtain someone else's medical records without their explicit consent. These records are protected by strict privacy laws, like HIPAA in the United States, which ensure that sensitive information remains confidential. Trying to access someone's private medical history... View More

1 Answer | Asked in Health Care Law for Oregon on
Q: I wanted to sue csl plasma for causing injury’s to my veins est my right arm hurt very badly and was injured by needle

The most pain I felt in awhile and caused muscle atrophy and I don’t know if I got a Air embolism because been having pain in chest and shortness of breath

Tim Akpinar
Tim Akpinar
answered on Mar 2, 2025

An Oregon attorney could advise best, but your question remains open for a week. I'm sorry for your ordeal. You could reach out to law firms to try to set up a free initial consult. It sounds like it would be a difficult case - that's something an opinion from a medical professional could... View More

1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for Oregon on
Q: Do I have a case of fraud or negligence, and can I sue for damages?

I visited a chiropractor and have since had 25 visits. My Medicaid provider told me I should never have been charged after chiropractor signed me up for payment plan. This ended up in me losing a small business loan, I was already approved for and then had to shut down my business and have slipped... View More

Tim Akpinar
Tim Akpinar
answered on Jan 18, 2025

An Oregon attorney could advise best, but your question remains open for over a week. This looks like something more complex than can be sorted out with brief general responses on a public forum. An attorney is going to want to see the grievance and know more about the patient file in terms of... View More

1 Answer | Asked in Health Care Law for Oregon on
Q: Hi, can I sue a plasma donation center for lying to me about my protein level and deferring me? I have proof
Tim Akpinar
Tim Akpinar
answered on Jan 24, 2024

An Oregon attorney could advise best, but your question remains open for four weeks. One of the issues that would arise in such a suit would be the extent of damages you suffered. Good luck

1 Answer | Asked in Contracts, Personal Injury and Health Care Law for Oregon on
Q: Can an agency in Oregon providing a caregiver to an elderly and/or disabled person legally (as in it's in their contract

Release and assumption of risk: the company is expressly released of any alleged negligent or wrongful act by an caregiver.

How is this legal? How can an agency providing caregivers be absolved of any and all liability should something horrible happen while they are in my home? What if... View More

Jason T. Kandah
Jason T. Kandah pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 19, 2023

This answer in no way establishes an attorney-client relationship but is intended as general information. Only a signed and fully executed retainer agreement may effectuate such attorney-client relationship.

A.

Different states vary regarding the issue of signing waivers. Oregon... View More

1 Answer | Asked in Criminal Law and Health Care Law for Oregon on
Q: Hello my son in jail Ontario Oregon is 12 months , he has schizophrenia.He receives treatment, but health becomes Worse

How can I release my son ahead of schedule . I know that by law he should not be in prison More than 180 days, please tell me what to do.

T. Augustus Claus
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answered on Jul 18, 2023

When it comes to early release from prison, there are various factors to consider, including the specific circumstances of your son's case, the laws and regulations in Oregon, and his eligibility for any potential programs or alternatives to incarceration.

Now, you mentioned that by... View More

1 Answer | Asked in Estate Planning, Health Care Law and Real Estate Law for Oregon on
Q: Can Oregon take my home if my mother left it to me and she signed a waiver to the state for home health care. She is dec

Eased and I am disabled

Theressa Hollis
Theressa Hollis
answered on Mar 27, 2023

If you can prove to the state that you are disabled then you may be able to qualify to have Estate Recovery stop collecting. I recommend you hire an experienced Medicaid attorney to assist you.

1 Answer | Asked in Estate Planning, Health Care Law and Family Law for Oregon on
Q: Can a nurse practitioner declare a person incompetent or only an MD. State of Oregon.
Theressa Hollis
Theressa Hollis
answered on Mar 13, 2023

For purposes of the Oregon Advance Directive a health care provider determines when the person who signed the form is incapable. “Health care provider” means a person licensed, certified or otherwise authorized or permitted by the laws of this state to administer health care in the ordinary... View More

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