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Oregon Medical Malpractice Questions & Answers
Q: Is this a strong case for legal action due to my son's foreskin injury by a doctor?
I am considering legal action for an incident involving my infant son, which occurred on September 4th, 2025. During a visit, the doctor at a clinic forcefully retracted my son's foreskin, causing it to tear and resulting in injury. The clinic expressed regret but has not followed up. My son... View More 
Jina Ly Clark
answered on Sep 8, 2025
answered on Sep 8, 2025
Medical malpractice cases generally require that you have an expert willing to testify about medical negligence, which is the biggest hurdle. It can be challenging to find an expert willing to testify. Expert witness fees tend to be high. Is the hospital doctor willing to draft a report stating... View More
Q: Missed cancer diagnosis, tumor progressing rapidly, seeking advice on potential medical malpractice.
I have been a cancer patient for 11 years and was declared cancer-free after a CT scan a year ago. However, the scan actually showed a tumor which was missed by both my lung and cancer doctors. Recently, I discovered the aggressive cancer has returned and it has a very low survival rate. I have... View More
Jina Ly Clark
answered on Jun 29, 2025
answered on Jun 29, 2025
Assuming the malpractice took place in Oregon, you have 2 years from the date of discovery to either settle or file suit. You will need to find a doctor willing to testify against the doctors who missed the diagnosis that they failed to meet the standard of care and be able to state you would have... View More
Q: Can I sue hospitals for misdiagnosing my daughter's gallbladder issue in Oregon?
Can I sue two hospitals for failing to properly diagnose my daughter's condition, which resulted in increased pain and risk of death? I first took her to Dallas Hospital and Silverton Hospital between May 3rd and 5th. Dallas Hospital performed an ultrasound and EKG but did not read them... View More
Brad Holbrook
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answered on May 7, 2025
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answered on May 7, 2025
First, let me say that I am sorry that you had to deal with this, as having a child in need of urgent, potentially life saving care is devasting. I hope she is doing well now and you are in a good place emotionally over it. Second, it is important to keep in mind mistakes happen often at a... View More
Q: When does the statute of limitations start for a surgery injury?
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
Brad Holbrook
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answered on Apr 7, 2025
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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
Q: Dental malpractice question regarding negligence and pain and suffering after sinus cavity incident during tooth extraction.
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
Brad Holbrook
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answered on Apr 2, 2025
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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
Q: Considering legal action after misdiagnosis: is it too late?
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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Todd Joseph Huegli
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answered on Feb 26, 2025
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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
Q: Considering legal action after misdiagnosis: is it too late?
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
Brad Holbrook
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answered on Feb 19, 2025
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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
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
answered on Feb 6, 2025
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
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
Brad Holbrook
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answered on Oct 22, 2024
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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
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
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answered on Oct 22, 2024
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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
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
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answered on Sep 18, 2024
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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
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
answered on Sep 7, 2024
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
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
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answered on Sep 15, 2024
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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
Q: is it medical malpractice to prescribe medication for something i dont prior to getting test results?
Tim Akpinar
answered on Aug 19, 2024
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
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
answered on Jul 24, 2024
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
Q: Would I be entitled to compensation from medical malpractice and negligence that occurred while incarcerated
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James L. Arrasmith
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answered on Mar 19, 2024
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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
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Q: Can I get compensation from Kaiser Permanente for a misdiagnosis that caused financial struggles?
I have been experiencing severe pain radiating from my groin and lower abdomen over the last four years. Despite numerous scans and tests, my doctors attributed the issue primarily to my weight, and a urologist proposed an orchiectomy without certainty of it resolving the problem, which I refused.... View More
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James L. Arrasmith
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answered on Nov 7, 2025
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answered on Nov 7, 2025
You can pursue a medical-negligence claim if you can prove that Kaiser’s clinicians failed to meet the applicable standard of care, that this misdiagnosis delayed the correct hip-related diagnosis, and that the delay caused your damages. Those damages can include lost wages and jobs,... View More
Q: Does my mother have a negligence/malpractice case due to medication-induced strokes?
My mother was treated for a UTI and low blood pressure with antibiotics and Levofed starting September 11. She was also placed on a strong appetite stimulant. Two weeks later, I noticed she could no longer pick up her own food and beverage cup. That afternoon, the doctor informed me about giving... View More
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James L. Arrasmith
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answered on Nov 6, 2025
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answered on Nov 6, 2025
Based on what you described, you have potential claims for (1) negligent prescribing, (2) lack of informed consent for the appetite stimulant given its known stroke risk in older patients, and (3) delayed recognition and treatment of evolving stroke symptoms. When a clinician orders a drug with a... View More
Q: What are our rights after hospital administered antibiotics without consent?
My wife underwent an emergency C-section on September 30th, as our child was born twenty days early. Post-birth, doctors wanted to administer antibiotics to our child, which we refused due to our religious beliefs unless there was a confirmed infection. The staff accused us of being negligent and... View More
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James L. Arrasmith
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answered on Oct 28, 2025
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answered on Oct 28, 2025
What happened to your family sounds deeply distressing, and you have every right to seek answers and accountability. Under both federal and California law, patients and parents generally have the right to informed consent before any medical treatment is provided, except in emergencies where a delay... View More
Q: Can I sue a hospital in Oregon for not administering stroke medication?
I am considering whether I can sue a hospital in Oregon for failing to administer stroke medication or notice a stroke. On November 1, 2020, an incident occurred possibly related to MRSA, and the hospital's computers were down at the time. Despite a decision to do a spinal tap, only my husband... View More
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James L. Arrasmith
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answered on Oct 24, 2025
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answered on Oct 24, 2025
It sounds like you went through a terrifying and painful experience, and it’s understandable that you want answers and accountability. In Oregon, you may have grounds for a **medical malpractice claim** if the hospital or its staff failed to meet the standard of care by not recognizing the signs... View More
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