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Oregon Medical Malpractice Questions & Answers
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
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... 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 »

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... Read 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... Read 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... Read more »

1 Answer | Asked in Personal Injury and Medical Malpractice for Oregon on
Q: While a patient at a med facility, our child was assaulted by other patient, then refused treatment. Is facility liable?

Our child was checked into a residential program and threatened with violence by other patients almost immediately.

She reported it to me; I informed staff who said they were aware (but hadn't told me).

I informed manager and another staff member after further reports of... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 6, 2020

I'm sorry for the terrifying ordeal experienced by your daughter. This is something an Oregon attorney could advise best on, but you await a response for three weeks. You indicate not having funds for legal fees. What you describe does not appear to be a case (if validated) that an attorney... Read more »

1 Answer | Asked in Medical Malpractice for Oregon on
Q: Can I sue a doctor if they prescribed me the wrong medicine because they screwed up?

I had blood work come back that said I had hyperthyroidism , the walk in clinic doctor I saw went over the results she'd ordered and told me I had hypothyroidism. If the tsh marker is over 4 is hypo if its under .35 its hyper. Mine was .25 so I was clear it was hyperthyroidism. She prescribed... Read more »

Tim Akpinar
Tim Akpinar answered on May 2, 2020

An Oregon med mal attorney could advise best, but your post remains open for a week. As a general matter, you have laid out some of the issues that a med mal attorney would look at in evaluating your situation, and in a way, answered part of your own question. You point out that the symptoms were... Read more »

3 Answers | Asked in Medical Malpractice, Personal Injury and Products Liability for Oregon on
Q: What should we do with my sons Dr? He implanted a medical device in my sons heart that has been recalled by the FDA

my son almost died from infection in his heart from the implant . now he has tried to say my sons valve should be repaired but nothing about taking the device out that has made him sick and is recalled. I feel the dr is lying and has lied to cover up mistakes such as implanted the wrong size as... Read more »

Joanne Reisman
Joanne Reisman answered on Jan 8, 2020

You say that your son is now an adult so your son will need to be the person that seeks additional medical advice or who contacts an Attorney if he feels that there was medical malpractice. You should talk to your son and encourage him to seek medical advice from another heart surgeon.... Read more »

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2 Answers | Asked in Medical Malpractice for Oregon on
Q: I received excessive x-ray exposure. Can I sue?

I fell due to a pre-existing medical condition in the middle of a road. I injured my nose and one arm. I went to an ER where the attending Dr. ordered multiple x-rays, at 12, I stopped the tech and said, "No more" and he stopped. He would have kept going if I hadn't stopped him.... Read more »

Patrick D. Angel
Patrick D. Angel answered on Dec 4, 2019

I'm sorry you injured your nose and your arm from a fall. As to the question of whether you can sue for excessive radiation exposure from x-rays, the answer - technically - is yes. It's easy to file a lawsuit, and most anyone can file a lawsuit for virtually anything. There is a... Read more »

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1 Answer | Asked in Medical Malpractice for Oregon on
Q: Surgeon that performed surgery to repair tendon turned me away and told me to go home my finger was infected with MRSA
Peter N. Munsing
Peter N. Munsing answered on Sep 3, 2019

Contact a member of the Oregon Assn for Justice who handles medical negligence cases--they give free consults. A lot depends on your signs and symptoms.

1 Answer | Asked in Medical Malpractice for Oregon on
Q: Does the hospital have a duty to discharge a person with adequate medications to handle pain?

My mom - 84 with dementia - was basically sent home to die with no added pain medication after a broken leg was fixed. No catheter - no nothing. Can they do that?

Tim Akpinar
Tim Akpinar answered on Jun 3, 2019

Reputable and well-run hospitals will generally take a number of measures to ensure good recovery following surgery. This can include their social services unit making arrangements for post-op care in an approved rehabilitative facility. It can include arrangements for a nurse to make follow-up... Read more »

1 Answer | Asked in Civil Rights, Employment Discrimination, Health Care Law and Medical Malpractice for Oregon on
Q: How can I get privacy when relating my case to a prospective lawyer? So they can't share with anyone after I leave?

I met with a lawyer after being referred though the Oregon Bar Association referral line and after we were done talking I asked that what I shared be kept confidential. He told me that he was under no obligation whatsoever to keep my information confidential. He said that a consultation even if I... Read more »

Greg Freeze
Greg Freeze answered on Mar 5, 2019

I can't speak reliably for the actual Oregon Bar Association referral line (that communication is probably not a confidential communication subject to the attorney/client privilege), but the communication with an attorney is subject to the confidential communication privilege.

ORS...
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1 Answer | Asked in Civil Litigation, Immigration Law and Medical Malpractice for Oregon on
Q: officer performed a sternum rub on me at a hospital while I was sleeping ,can I do something about it?(a lot more to it)

he kept going even after I got up from my bed as he kept saying " come on man up" mind I was in ICU, also there was a nurse/dr watching while he did this, this officer left this out of the police report but put everything else in it. theres more that I can discuss if there is something,... Read more »

Kelli Y. Allen
Kelli Y. Allen answered on Jan 22, 2019

I'm sorry to hear of your experience, but this is not an immigration issue. I suggest speaking with a civil attorney and also contacting the police department to request that the report be modified to include all relevant information.

2 Answers | Asked in Elder Law, Civil Rights and Medical Malpractice for Oregon on
Q: My husband died, they declared him dead at 9:45AMFuneral home did not pick him up until 6:15 PM. Horrifying. Can I sue?
Gary Kollin
Gary Kollin answered on Sep 10, 2018

Any operson can always sue.

What are the damages?

What are the resons they did not come sooner?

Could you have called a different funeral home?

Who called and when?

Is the case of suffcient cvalue that an attorney would take it on a contingency fee basis?

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1 Answer | Asked in Medical Malpractice for Oregon on
Q: Do I have a case for failure to diagnose?

The ER sent me home several times in a 2 week period. Even though sufficient tests had been done to find the LG infection in my hip and as a result I went septic. Which was discovered by a different hospital. I had to have emergency surgery on my hip resulting in being unable to work unable to... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jul 25, 2018

Difficult case but you have significant damages. Suggest you get a copy of the records of the two hospitals. If they ask for a reason just say "insurance issue." Under the Electronic records Act you can get the records as cheap as $5 per disc! If they say "would you like us to print... Read more »

1 Answer | Asked in Medical Malpractice for Oregon on
Q: Likelihood of winning a medical malpractice suit?

Hi there!

A co-worker of mine recently suffered two strokes because his doctor prescribed him two medications that are NOT supposed to be taken at the same time. The doctor was fired after it was discovered that the mix of these medications caused the strokes. What are my co-workers chances... Read more »

Robert D. Kreisman
Robert D. Kreisman answered on Mar 18, 2018

I don't think anyone can predict with any certainty how a medical negligence lawsuit might turn out. Even with the most compelling facts, there is no way with the information you provided to know how this case would be decided. From what you have described, if a physician in the same or... Read more »

1 Answer | Asked in Wrongful Death and Medical Malpractice for Oregon on
Q: Oncologist admitted chemo round #1; 40%overdose-Taxotere #2 same drug w/adverse allergic side effects #3 life expectancy

How do I sue doctor for malpractice in Oregon? This is 3rd family member, that was a patient. Mom, Dad & Uncle, all passed with this "Dr's care". At scheduled appt for #3 round, was given life expectancy. When my Dad said he was going to go to the Cancer Center in Arizona, Dr.... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 26, 2018

Contact a member of the Oregon Assn for Justice who handles medical cases. They give free consults.

1 Answer | Asked in Personal Injury and Medical Malpractice for Oregon on
Q: My daughter was just given her the wrong vaccination after discussion of the correct vaccination. How?!
Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Jan 10, 2018

This would be what we call medical malpractice, and it happens because we are humans and prone to errors. Hopefully she did not have any bad reactions. If she did, then you would have a good medical malpractice case. If she was not harmed, there is still a small case, but not worth much (I settled... Read more »

1 Answer | Asked in Medical Malpractice for Oregon on
Q: Paramedics refused to take me to the hospital - can I sue them? They misdiagnosed a heart condition.
Joanne Reisman
Joanne Reisman answered on Sep 21, 2017

Hard to say. If you had another way to get to the hospital you should have gone. On the other hand, if they led you to believe that you didn't need to go and you relied on that, there could be liability. But you will have to meet several prongs to have a case, first you have to prove not... Read more »

2 Answers | Asked in Medical Malpractice and Wrongful Death for Oregon on
Q: My father passed away 2 days after being released from the hospital from gall bladder surgery. No autopsy was performed

Death certificate states he died from anxiety and gall bladder surgery. He was only 60 years old. Without an autopsy can a wrongful death or medical malpractice be persued?

Joanne Reisman
Joanne Reisman answered on Mar 16, 2017

I believe a family member can request or demand an autopsy. (The family may need to pay for the autopsy.) This is something that should be done right away. It is probably too late if the body has been buried or cremated although there is a way to do some types of forensic autopsies on a body that... Read more »

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1 Answer | Asked in Medical Malpractice and Wrongful Death for Oregon on
Q: My mother died from a hemmoghaic fallopian tube fybroid. By the time it was discovered in the ER she died 1 month later

Do you know if this would be considered medical homicide or medical malpractice?

Peter N. Munsing
Peter N. Munsing answered on Mar 3, 2017

If no doctor saw her I don't see it. But to be on the safe side, contact a member of the Oregon Assn for Justice who handles medical issues--they give free consults.

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