When physicians are not careful, their actions can have drastic and lasting effects. That is why they are held to a high standard.
So, what can you do if your physician failed to uphold the proper standard? A medical malpractice claim may be beneficial. Before filing, there are a few key aspects to understand regarding claims in Oregon.
With medicine not being an exact science, there is a margin of error that a physician cannot avoid. Some specific traits and conditions may contribute to certain negative outcomes from medical procedures. Therefore, one cannot simply show that a medical procedure did not yield the expected outcome to have a valid claim. Claimants must be able to show negligence as the cause of the claim. In short, claimants must prove that the physician's actions were not in alignment with the actions a prudent physician would take in the same situation, and due to that, the claimant suffered damages.
A medical professional witness is key in properly proving the physician's actions to be incorrect. As a professional, the medical witness can provide insight into the proper procedure and protocol. For example, in the case of surgical errors, another surgeon would be knowledgeable of the protocol, as well as where the physician deviated from proper treatment. The medical professional can also relay this information in a way that is understandable and clear for the court to make an educated decision.
As with any injury claim, proper documentation is essential. Medical records, hospital and medical bills, video footage and witness testimonies are all viable examples of evidence. In regards to written documentation, parties should maintain copies of the documents and keep them in a secure location.
All aspects must work together to build a strong, substantial claim. It may also be beneficial to become familiar with the state's malpractice laws.