You probably went to the emergency room (ER) expecting care, not more problems. If a rushed exam or missed diagnosis in an Oregon emergency room made your condition worse, you might wonder what kinds of compensation could be available.
Understanding the types of damages
According to Oregon law, claims for ER mistakes typically fall into two types: economic and non-economic damages. Economic damages include expenses you can measure, such as medical bills and lost earnings. Non-economic damages cover the ways the injury has impacted your life, including physical pain, emotional strain, and disruptions to your everyday activities.
Recovering medical expenses
You may be able to recover medical costs tied to the ER mistake, including bills you have already paid and those you are likely to face in the future. This can include hospital and ER visits, lab work, imaging tests, surgery, medications and physical therapy. Insurance companies and legal professionals usually review bills and expert estimates to figure out what your future care might cost.
Replacing lost wages
If an ER error keeps you from working, you may seek compensation for income you lost while recovering. In more serious cases, you might also be able to claim damages for reduced earning potential if the injury prevents you from returning to the same job or schedule. Pay stubs, tax returns and other work records are often used to show these losses.
Addressing pain and suffering
You may also pursue compensation for noneconomic harm. This reflects how the injury has affected your everyday life. It can include physical pain, emotional stress or anxiety caused by the ER experience and missing out on hobbies, family time, or other activities you once enjoyed.
How Oregon calculates awards
Oregon does not have a single formula for calculating damages. While insurance companies sometimes use a multiplier when discussing settlements, juries decide awards based on the evidence of harm in each case. Oregon courts generally do not set a maximum limit on what a jury can award for injuries caused by medical mistakes.
Protecting your legal rights
If you think an Oregon ER made a situation worse, keeping detailed medical records and notes about your symptoms is a helpful first step. Reviewing your legal options can give you a better idea of which types of compensation may apply and help you keep track of any deadlines for filing an emergency room negligence claim.