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Oregon Medical Malpractice Questions & Answers
2 Answers | Asked in Medical Malpractice and Personal Injury for Oregon on
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

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...
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2 Answers | Asked in Medical Malpractice and Personal Injury for Oregon on
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

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,...
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2 Answers | Asked in Medical Malpractice and Personal Injury for Oregon on
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

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

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2 Answers | Asked in Medical Malpractice and Personal Injury for Oregon on
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

Todd Joseph Huegli
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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

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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

2 Answers | Asked in Medical Malpractice and Personal Injury for Oregon on
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

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

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2 Answers | Asked in Medical Malpractice and Personal Injury for Oregon on
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

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

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1 Answer | Asked in Medical Malpractice for Oregon on
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
Calvin A. Knickerbocker III pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
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1 Answer | Asked in Medical Malpractice, Personal Injury and Products Liability for Oregon on
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
Mr. Michael O. Stevens
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

2 Answers | Asked in Medical Malpractice for Oregon on
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

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

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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 Personal Injury and Medical Malpractice for Oregon on
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
Tim Akpinar
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

1 Answer | Asked in Medical Malpractice, Personal Injury and Civil Rights for Oregon on
Q: Would I be entitled to compensation from medical malpractice and negligence that occurred while incarcerated
James L. Arrasmith
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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

1 Answer | Asked in Medical Malpractice and Personal Injury for Oregon on
Q: Seeking contingency lawyer for medical complications after surgery involving necrotizing fasciitis and collapsed lung in Oregon.

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

James L. Arrasmith
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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

1 Answer | Asked in Personal Injury and Medical Malpractice for Oregon on
Q: What are the steps I need to take after I filled out a tort claim through OHSU risk management?

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

Tim Akpinar
Tim Akpinar
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

1 Answer | Asked in Medical Malpractice for Oregon on
Q: Is causing physical hardship through combined medicine that shouldn't be malpractice? Potentially causing death ?
Tim Akpinar
Tim Akpinar
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

1 Answer | Asked in Civil Rights, Communications Law, Legal Malpractice and Medical Malpractice for Oregon on
Q: Clinical trial unfair termination due to the facility's holiday schedules and unavailabilities without prior information

Hello, I am reaching out to consult about a clinical trial my mother was enrolled in. To abbreviate it, she has been enrolled into the clinical trial program back in August of 2024 and until a week ago, she was going through their screening process to determine the study eligibility. Due to the... View More

James L. Arrasmith
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answered on Feb 9, 2025

It sounds like your mother’s disqualification from the clinical trial was unfair, especially since the delays were caused by the facility’s scheduling issues and holidays, not by her actions. If there was no written timeline provided for completing the screening process, then the decision to... View More

1 Answer | Asked in Foreclosure, Government Contracts, Medical Malpractice and Social Security for Oregon on
Q: If given a HAF Grant, shouldn't any important papers be sent verifiable mail?

Where. Did the grant money go that I was told originally "was put into an account on my name and if I ever needed any of it just call and tell them and they'd cover mortgage as needed with funds in my name but they keep all interest"?!

James L. Arrasmith
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answered on Jan 24, 2025

When dealing with something as significant as a HAF grant, sending important documents through verifiable mail is crucial. This ensures there’s a reliable record of delivery, giving you peace of mind and providing proof if disputes arise. If papers were not sent securely, it’s worth reaching... 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 Medical Malpractice for Oregon on
Q: Potential medical malpractice case: delayed hemorrhage/stroke diagnosis led to epilepsy and severe career impact.

Seeking legal representation for a potential medical malpractice case involving a delayed brain hemorrhage (stroke) diagnosis leading to epilepsy. My May 2021 MRI revealed a hemorrhage, but it was not disclosed. Recently diagnosed with epilepsy after presenting to ER with right-sided weakness,... View More

Joel Gary Selik
Joel Gary Selik
answered on Aug 28, 2024

This is most likely a valid malpractice case, showing both liability and damages/harm. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.

Use this website to find potential...
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