Get free answers to your Medical Malpractice legal questions from lawyers in your area.
I had a hernia surgery on April 7th and was sent home afterward. However, I experienced intense pain at home, resulting in an ambulance trip back to the hospital on April 8th. The emergency team conducted exploratory surgery, discovering a cut in my bowel leaking into my abdomen. The emergency... View More 
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answered on Apr 7, 2025
I am so sorry for your pain. You have two (2) years to file a claim in court. If the hospital is a public entity (OSHU, et.al.), then you must file a tort claim notice within 180 days. It's as simple as providing notice to them that you have a claim.
Plan on April 7 being your... View More
On March 19th, I went to a dentist for a simple tooth extraction of an upper right molar. During drilling, the dentist accidentally penetrated the sinus cavity with a surgical bur, which became loose and lodged inside the cavity. An oral surgeon removed it on March 24th by drilling through my jaw,... View More
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answered on Apr 2, 2025
I often say there are two things that are very difficult: 1) Getting money out of people, and 2) Suing a Doctor/Dentist.
I am so sorry for your bad outcome. Unfortunately, every day there are bad outcomes in the medical field. If we could sue everytime there was a mistake and/or accident,... View More
In August 2022, I had my gallbladder removed after being sent by a GI specialist, who performed an endoscopy and attributed my symptoms to anxiety. Despite the procedure, my abdominal pain persisted, and no imaging tests like a CT scan were done. In September 2022, I was diagnosed with stage 3B... View More
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answered on Feb 26, 2025
In Oregon, medical malpractice claims typically must be filed within two years of the alleged negligent act or from the date you discovered—or reasonably should have discovered—the injury, though there’s an ultimate repose period of five years for medical malpractice cases. Since your... View More
In August 2022, I had my gallbladder removed after being sent by a GI specialist, who performed an endoscopy and attributed my symptoms to anxiety. Despite the procedure, my abdominal pain persisted, and no imaging tests like a CT scan were done. In September 2022, I was diagnosed with stage 3B... View More
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answered on Feb 19, 2025
Time limitations are based on the concept that we don't want old, stale cases coming in court. We have to turn the page, so to speak. Ordinarily in negligence cases involving bodily injury the statute of limitations is two (2) years. So, given that time line, you were diagnosed with cancer in... View More
I have records and proof and my husband as a witness to all my appointments
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
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
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answered on Oct 22, 2024
This is a horrible situation, and I hope that you are finding ways to manage despite the limitations. There could be liabiity for acting without your consent or perhaps outside of the scope of what is accepted standard of practice in the community. Bad outcomes don't automatically equate to... View More
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
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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
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
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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... View More
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
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
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?
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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
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
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?
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
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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
On the evening of April 9, 2021, Plaintiff suffered a medical episode. He experienced
seizures and slipped into a coma. His partner took him to the Fire Station in Cave Junction,
Oregon. Emergency services were called and Defendants Hertler and Sears arrived on the scene.... View More
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answered on Apr 13, 2025
It seems like you are describing a potential medical malpractice case involving emergency responders who mistakenly intubated the plaintiff into the esophagus instead of the trachea. The failure to notice this mistake, especially after multiple attempts, could be a key issue in your case. Medical... View More
In a case concerning delay in treatment with allegations of aiding and abetting in the practice of medicine, discovery was reopened by the court without a motion from either party. The defendants responded to my motion by stating that discovery needed to be reopened and that outside assistance... View More
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answered on Apr 13, 2025
In Oregon, a court has the discretion to reopen discovery even without a formal motion from either party, especially if it believes that fairness and justice require it. The court might act on its own initiative if it feels that crucial evidence has not been adequately examined or if new... View More
I was flown from La Grande, Oregon, to Portland, Oregon, using life flight services following a hip implant failure after a hip replacement revision. During the flight, I was overdosed on IV drugs and had to be administered Narcan due to becoming unconscious and unresponsive. I am now experiencing... View More
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answered on Apr 13, 2025
You may have grounds to pursue legal action if the overdose during your life flight was due to medical negligence or improper administration of medication. Life flight services, like any medical provider, have a responsibility to ensure that the proper care and medications are administered safely.... View More
I took my 100-year-old husband, who had dementia, to a hospital where he underwent blood work, CT scans, urine analysis, and waited for about 4 hours. The doctor told me tests were good, labeled it as behavioral, and left without providing discharge paperwork. An hour later, he had vomiting,... View More
answered on Apr 16, 2025
I'm very sorry for the loss of your husband. This is really something that attorneys in Oregon could advise best on, but you posted about a month ago. From a textbook standpoint, you may be able to argue the elements of med mal. But from a practical standpoint, I believe it has the makings of... View More
On January 17, I underwent surgery for a blockage in my intestines at Providence Hospital with Dr. Craft. I was released on January 25, but returned shortly after with necrotizing fasciitis. I was then flown to Providence in Portland where Dr. Kurtz indicated there was a hole in my intestine with a... View More
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answered on Apr 12, 2025
I'm really sorry you've been through such a frightening and painful experience. Dealing with complications like necrotizing fasciitis and a collapsed lung after surgery is serious, and it's understandable that you're questioning how your care was handled. It’s also completely... View More
I have filed nothing through the courts and I want accountability as my life has been turned upside down. I’ve suffered long and hard and it’s permanent damage CRPS type 2 and brachial plexus permanently damaged due to TOS surgery gone wrong and 2 other surgeries that didn’t help anything.... View More
answered on Mar 4, 2025
An Oregon attorney could advise best, but your question remains open for a month. For this question, it might be best to try to arrange a free initial consult with a local attorney. Although that doesn't directly answer your question about what steps to take, any attorney is probably going to... View More
answered on Feb 18, 2025
An Oregon attorney could advise best, but your question remains open for a month. It's possible it could be, but no attorney could make that call based on the brief facts. They would want to know additional details, such as the condition for which the medications were prescribed, the... View More
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