Oregon Medical Malpractice Questions & Answers

Q: How can I get privacy when relating my case to a prospective lawyer? So they can't share with anyone after I leave?

1 Answer | Asked in Civil Rights, Employment Discrimination, Health Care Law and Medical Malpractice for Oregon on
Answered on Mar 5, 2019
Greg Freeze's answer
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 40.225 codifies the rules.

“'Client' means: (A) A person, public officer, corporation, association or other organization or entity, either public or private, who is rendered professional legal...

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)

1 Answer | Asked in Civil Litigation, Immigration Law and Medical Malpractice for Oregon on
Answered on Jan 22, 2019
Kelli Y Allen's answer
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.

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?

2 Answers | Asked in Elder Law, Civil Rights and Medical Malpractice for Oregon on
Answered on Sep 10, 2018
Gary Kollin's answer
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?

Q: Do I have a case for failure to diagnose?

1 Answer | Asked in Medical Malpractice for Oregon on
Answered on Jul 25, 2018
Peter N. Munsing's answer
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 them out," don't! then you'll be charged per page!

Q: Likelihood of winning a medical malpractice suit?

1 Answer | Asked in Medical Malpractice for Oregon on
Answered on Mar 18, 2018
Robert D. Kreisman's answer
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 similar practice specialty as the doctor who has allegedly been negligent in causing the two strokes testifies to that act or omission as being a cause of the strokes, then it would be up to the jury to decide...

Q: Oncologist admitted chemo round #1; 40%overdose-Taxotere #2 same drug w/adverse allergic side effects #3 life expectancy

1 Answer | Asked in Wrongful Death and Medical Malpractice for Oregon on
Answered on Feb 26, 2018
Peter N. Munsing's answer
Contact a member of the Oregon Assn for Justice who handles medical cases. They give free consults.

Q: My daughter was just given her the wrong vaccination after discussion of the correct vaccination. How?!

1 Answer | Asked in Personal Injury and Medical Malpractice for Oregon on
Answered on Jan 10, 2018
Mr. Michael O. Stevens' answer
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 a similar one last year for under $10k).

Q: Paramedics refused to take me to the hospital - can I sue them? They misdiagnosed a heart condition.

1 Answer | Asked in Medical Malpractice for Oregon on
Answered on Sep 21, 2017
Joanne Reisman's answer
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 just that they made a mistake, but that the mistake is the type that someone else with their training is not likely to make, that they were negligence as compared to another professional with the same...

Q: My father passed away 2 days after being released from the hospital from gall bladder surgery. No autopsy was performed

2 Answers | Asked in Medical Malpractice and Wrongful Death for Oregon on
Answered on Mar 16, 2017
Joanne Reisman's answer
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 has been exhumed. I am not sure how helpful that would be. On the other hand, the medical records alone may be sufficient to smoke out medical malpractice. If you suspect medical malpractice you...

Q: My mother died from a hemmoghaic fallopian tube fybroid. By the time it was discovered in the ER she died 1 month later

1 Answer | Asked in Medical Malpractice and Wrongful Death for Oregon on
Answered on Mar 3, 2017
Peter N. Munsing's answer
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.

Q: A lump in my fiancee's breast was discovered and noted in 2011. That lump was not diagnosed as cancerous until 2015.

1 Answer | Asked in Personal Injury and Medical Malpractice for Oregon on
Answered on Mar 2, 2017
Mr. Michael O. Stevens' answer
Really hard to say, as it is my understanding that it is not uncommon to have small lumps that may not warrant a biopsy. I would search out a firm that does medical malpractice, specifically as to cancer-related cases as they would have the right experience for your issue.

Q: Can A ED Doctor Treat A Minor Without Consent Of Minor Or Parent?

2 Answers | Asked in Personal Injury, Child Custody, Health Care Law and Medical Malpractice for Oregon on
Answered on Dec 11, 2016
Joanne Reisman's answer
Not my area of specialty but I believe there is legal grounds for a temporary hold (24 hours or 72 hours or something like that) if the police suspect that the person could harm themselves or others. So yeah, it's legal. As for contacting or not contacting your parents, I am not sure what the law says. Normally parents have to be contacted if there is something concerning a minor, but I would imagine that there is an exception if there is concern that the parents could be part of the...

Q: HOW DO I PRESS CHARGES FOR MEDICATION ERROR/MEDICAL MALPRACTICE? THEY BROKE HIPA ACT AND DMV APPEAL OF SUSPENSION.

1 Answer | Asked in Medical Malpractice for Oregon on
Answered on Nov 21, 2016
Peter N. Munsing's answer
Unlikely you have a case as there are in most states NO penalties for HIPAA violations! I'm not hearing the medication error resulted in any physical problem of great seriousness. But members of the Oregon Trial Lawyers Assn give free consults so I urge you to get ones so that you can direct your attention to those things--such as perhaps your suspension--that need attending to.

Q: What laws apply in Oregon if someone is giving medical advice/diagnosing without a medical license?

1 Answer | Asked in Medical Malpractice for Oregon on
Answered on Apr 5, 2016
Mr. Michael O. Stevens' answer
ORS 677.080: http://www.oregonlaws.org/ors/677.080

Q: THIS Case WAS A SHAm I HAVE Suffered GREAT IAM DISabled and Have 4 herniated disks now have not been able to work from

1 Answer | Asked in Personal Injury and Medical Malpractice for Oregon on
Answered on Jan 13, 2016
Adam Studnicki's answer
You can use the find a lawyer tool on this site or google to look for lawyers.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local lawyer to get legal...

Q: A DR. IN MEXICO WAS JAILED FOR BEING A FAKE SURGEON W/ NO DEGREE. HE WAS INSURED. I WAS A PATIENT. WHO DO I CALL

1 Answer | Asked in Medical Malpractice for Oregon on
Answered on Jul 30, 2014
Spencer Richard McMullen's answer
You could join in the criminal complaint against him and under the new victims rights law he would need to pay you as part of his sentencing. The down side is that you would need to pay your legal fees and your recovery would be the amounts for services in Mexico so unless it is a large amount it may not be worth pursuing.

Q: Who do you tell when a dr touches you alone and.inappropriately

1 Answer | Asked in Medical Malpractice for Oregon on
Answered on Aug 19, 2013
Wm Keith Dozier Jr's answer
I am sorry that nobody has responded to your question until now.

You should contact the Oregon Medical Board immediately to make a complaint. The website below outlines the process.

http://www.oregon.gov/OMB/Pages/consumer_help.aspx

You can also contact the POrtland Police Sexual Assault Detail at 503-823-0434 and the Portland Women's Crisis Line at 503-235-5333

If you need the help of an attorney contact one that does not charge a consultation fee (most do not)....

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