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Oregon Medical Malpractice Questions & Answers

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?

Timur 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 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 40.225...
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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, I can do... Read more »

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 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 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 them out,"... 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 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 similar... 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. advised not to go... Read more »

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 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 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 just... 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 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 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.

1 Answer | Asked in Personal Injury and Medical Malpractice for Oregon on

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

Her medical records notate a 3mm lump but no further tests were recommended or suggested at that time. The lump did grow and was finally biopsied and diagnosed as Stage 2-B cancer in 2015. Since then, she's undergone chemotherapy, radiation and is currently going through hormone therapy. She was... Read more »

Mr. Michael O. Stevens answered on Mar 2, 2017

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.

2 Answers | Asked in Personal Injury, Child Custody, Health Care Law and Medical Malpractice for Oregon on

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

I Was Taken To The Hospital By Police For Suicidal Thoughts My Parents Where Never Contacted And I Never Consented To Treatment But Was Not Allowed To Leave. Is That Legal?

Joanne Reisman answered on Dec 11, 2016

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... Read more »

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1 Answer | Asked in Medical Malpractice for Oregon on


Peter N. Munsing answered on Nov 21, 2016

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... Read more »

1 Answer | Asked in Medical Malpractice for Oregon on

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

Mr. Michael O. Stevens answered on Apr 5, 2016

ORS 677.080:

1 Answer | Asked in Personal Injury and Medical Malpractice for Oregon on

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

My injuries of this accident and treatment that got me disabled can I do anything to recoup my losses I have medical bills and ongoing treatment the pain has caused me to try and commit suicide several times this year please help!!!!

Adam Studnicki answered on Jan 13, 2016

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...
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1 Answer | Asked in Medical Malpractice for Oregon on



Spencer Richard McMullen answered on Jul 30, 2014

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... Read more »

1 Answer | Asked in Medical Malpractice for Oregon on

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

Wm Keith Dozier Jr answered on Aug 19, 2013

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.

You can also contact the POrtland Police...
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