Law Office of Robert A. Miller Law Office of Robert A. Miller 2026-06-18T20:11:04Z https://www.robertamillerlaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1204314/2025/06/cropped-Fav-icon-32x32.png On Behalf of Law Office of Robert A. Miller <![CDATA[Standard of care is an important factor in malpractice claims]]> https://www.robertamillerlaw.com/?p=52120 2026-06-18T20:11:04Z 2026-06-18T20:11:04Z Patients who are receiving medical care expect that their doctors will make decisions that are in their best interest. This requires that the doctor meet or exceed the standard  of care in the case. If the standard of care isn’t met, the patient may suffer considerable harm.  Patients who are harmed by a doctor who didn’t meet the standard of care may opt to pursue a medical malpractice claim. These cases are complex because the standard of care isn’t universal in all situations. 

What determines the standard of care in a case?

Several factors determine the standard of care in a medical case. These include the training of the physician, the information that’s available and the technology available. Doctors with more experience and specialized training would have a higher standard of care than a general practitioner. Doctors who work at cutting-edge medical facilities will have a higher standard of care than one who’s working at a rural hospital. 

Why is standard of care difficult to prove?

Since there are factors that affect the standard of care, each medical malpractice lawsuit must be handled based on the facts of the case. The medical community is tight-knit, so it’s difficult to find a doctor who will speak up if there’s an issue with the standard of care in a case.  Because of the complexities of these cases, it’s often best for victims to work with someone who’s familiar with similar matters. This gives them the chance to seek compensation for the financial damages that they’re dealing with because of the harm they suffered.   ]]> On Behalf of Law Office of Robert A. Miller <![CDATA[What is Oregon’s statute of limitations for cancer misdiagnosis?]]> https://www.robertamillerlaw.com/?p=52116 2026-06-18T07:48:16Z 2026-06-18T07:48:16Z Filing a claim within the two-year window Under Oregon law, you have two years to file a medical malpractice lawsuit. Usually, the clock starts on the day the mistake or omission occurred. Since cancer emerges late and may display silent symptoms, the timer does not start until the day you actually discover it or when you should have reasonably realized it. This means if a doctor missed a tumor in 2024, but you were not correctly diagnosed until 2026, your legal timeline generally begins at the time of that correct diagnosis.

Considering the absolute cutoff date

While Oregon offers a pathway to hold physicians liable, the law enforces a strict statute of repose. If more than five years have passed since the date of the initial medical error, you can no longer file a claim. For instance, if you discovered the mistake in the sixth year, this cutoff bars you from suing the healthcare provider.

Taking action to avoid complications

Oregon’s statute of limitations can be confusing to understand. If you are unsure about when you need to file a claim, seeking guidance from a medical malpractice attorney may be helpful. They can also offer insights on building a strong claim.]]> On Behalf of Law Office of Robert A. Miller <![CDATA[Important tests for fetal growth during pregnancy]]> https://www.robertamillerlaw.com/?p=52112 2026-06-10T09:04:49Z 2026-06-15T09:03:08Z kick, flutter and ultrasound image carries a reassuring message: your baby is growing. Part of the reason for these prenatal visits is to monitor the baby’s growth. Prenatal care relies on targeted tests that track how your baby develops and how well the placenta supports that growth. A failure to conduct or properly interpret these tests can put both mother and baby at risk. As a result, it is important to have a basic idea of what these tests are, what they look for and what can be done if the results are concerning. 

Common prenatal tests

Typical prenatal testing within the first trimester often includes an ultrasound and maternal blood tests. These allow the medical team to check the fetus for physical abnormalities and risk of genetic or chromosomal abnormalities. Depending on the results of these tests, additional genetic testing may be helpful. Additional ultrasounds are common in the second and third trimester to continue to monitor growth and development as well as to check the cervix and placenta.  Glucose testing is common between the 24th and 28th week of pregnancy. This test checks for gestational diabetes. Additional tests often include Group B streptococcus, fetal heart rate monitoring, amniocentesis and chorionic villus sampling. 

Antepartum testing

Certain pregnancies are at higher risk of stillbirth and can benefit from additional testing, referred to as ante-partum testing. Examples can include cases with pregnancy-induced hypertension, previous instances of fetal death and decreased fetal movement. The types of tests that medical professionals may recommend will vary depending on the details but can include:
  1. Nonstress test (NST): Measures fetal heart rate patterns in response to fetal movement  
  2. Biophysical profile (BPP): Combines ultrasound observations with an NST to evaluate breathing movements, gross movements, tone and amniotic fluid volume.  
  3. Modified biophysical profile: Usually pairs an NST with an amniotic fluid assessment.  
  4. Contraction stress test (CST): Evaluates fetal heart rate response to uterine contractions
These tests are often recommended at 32 to 34 weeks of gestation but can be used earlier in certain circumstances. Abnormal results warrant further evaluation. When acted on promptly, ante-partum testing may identify conditions linked to serious outcomes including hypoxic-ischemic injury, stillbirth, complications from fetal growth restriction, cord compression associated with low amniotic fluid and morbidity related to severe preeclampsia or placental insufficiency. While no test guarantees prevention, failure to order, interpret or respond to abnormal results can increase the risk of preventable injury or death. Ante-partum and prenatal testing are cornerstones of modern prenatal care. Understanding the common tests and following through with timely follow-up can make the difference between routine delivery planning and urgent intervention aimed at protecting both parent and baby.]]> On Behalf of Law Office of Robert A. Miller <![CDATA[What may contribute to a neglected uterine rupture?]]> https://www.robertamillerlaw.com/?p=52113 2026-06-08T00:33:10Z 2026-06-08T00:33:10Z factors that may contribute to a delayed or neglected uterine rupture can help families recognize the seriousness of this medical emergency, and their potential right to file a medical malpractice lawsuit.

Prolonged labor creating excessive pressure

Long or difficult labor may place significant pressure on the uterus over an extended period. In some situations, continuous stress on the uterine wall can contribute to rupture, particularly when labor does not progress normally. If warning signs during prolonged labor are missed or underestimated, diagnosis and treatment may be delayed.

Failure to recognize persistent abdominal pain

Severe or ongoing abdominal and pelvic pain is often an important warning sign. When these symptoms are mistaken for routine labor discomfort or other pregnancy related issues, valuable treatment time may be lost. Delayed recognition of serious symptoms may allow the condition to worsen before medical intervention occurs.

Use of labor stimulating medications

Certain medications used to strengthen or increase contractions may place additional strain on the uterus. While these medications are commonly used safely, excessive uterine activity may increase the risk of rupture in some circumstances. Careful monitoring is often important when labor inducing or labor augmenting medications are administered.

Obstetric trauma during delivery

Certain delivery maneuvers, instrumental extractions or other interventions may increase stress on the uterus. In rare situations, trauma occurring during labor or delivery may contribute to a rupture that is not immediately identified. When symptoms develop after delivery, prompt evaluation may become critical. A delayed uterine rupture diagnosis may have devastating consequences for both mother and child. Because these cases often involve questions about medical decision making, monitoring and emergency response, they sometimes raise concerns involving medical malpractice. Seeking legal guidance can help families to better understand their rights after a serious pregnancy related injury.]]> On Behalf of Law Office of Robert A. Miller <![CDATA[Rear-end crashes can cause permanent spinal cord injuries]]> https://www.robertamillerlaw.com/?p=52111 2026-05-28T12:20:47Z 2026-05-30T12:16:13Z Abrupt motions can cause traumatic injuries Rear-end crashes often occur when a stopped vehicle gets struck by a vehicle in motion. Other times, a faster-moving vehicle approaching from the rear overtakes a slower-moving vehicle with devastating consequences. The greater the discrepancy in speed between the two vehicles, the more violent the motions of the vehicle in front after the impact. The abrupt back-and-forth motion can cause pinching or tearing of the spinal cord. In some cases, people sustain incomplete spinal cord injuries. They may notice pain or mild functional limitations but retain the ability to move their lower extremities. In other cases, the rear-end crash is violent enough to completely sever someone's spinal cord. Incomplete spinal cord injuries caused by partial tearing or pinching of the spinal cord can sometimes improve with care and rest, but complete spinal cord injuries result in a permanent loss of functional capabilities. Anyone who suspects an injury to their neck or back after a rear-end crash likely needs to seek out emergency medical care as soon as possible. In fact, they may require stabilization during their trip to the hospital to prevent the worsening of an existing spinal cord injury. Even incomplete spinal cord injuries can generate expenses that go well beyond what insurance covers. People adjusting to life with a spinal cord injury after a car crash may need to discuss the collision and the resulting expenses with a personal injury attorney. A lawyer can help people with severe car crash injuries evaluate insurance coverage and identify potential sources of compensation. Securing legal support while recovering from a rear-end collision that caused a spinal cord injury can help an injured person hold the party at fault for the crash legally and financially responsible.  ]]> On Behalf of Law Office of Robert A. Miller <![CDATA[Anesthesia errors can occur during surgery]]> https://www.robertamillerlaw.com/?p=52109 2026-05-26T14:11:20Z 2026-05-26T14:11:20Z People who have surgery are usually placed under general anesthesia, which means that they have to place their trust in the anesthesiologist. It’s used to keep the patient unconscious, control pain, support breathing and relax muscles. Because the medications affect all bodily systems, errors before, during or after surgery can have significant effects on the patient.  Anesthesia errors don’t all fall neatly into one category. Instead, they can involve improper medication dosage, airway management or patient monitoring. In some cases, the issue is a failure to communicate amongst the surgical team members. 

Timeouts before surgery are critical

While many people think of timeouts before surgery as a way to stop surgery on the wrong body part or patient, it’s also important for the anesthesiologist to participate in the timeout. This is a chance for them to review medication allergies and current medications, including over-the-counter medications and herbal supplements. They should also review the patient’s medical history and find out if the patient followed the fasting instructions prior to the surgery. 

Monitoring must be constant

Throughout the surgery and until the patient is lucid after the surgery, monitoring is necessary. The anesthesiologist must ensure they’re giving the proper amounts of each medication because too much can depress breathing or circulation, but too little could lead the patient to wake up during the surgery.  Airway management and proper monitoring of the heart rate are also important. Major shifts in these or any other vital signs could mean that a complication is occurring. Failing to address those issues could lead to significant harm or death.  Victims of anesthesia errors may opt to pursue a claim for compensation based on medical malpractice. These cases are complex and may require considerable expert testimony. Working with someone familiar with these cases is beneficial for the victim.   ]]> On Behalf of Law Office of Robert A. Miller <![CDATA[The true cost of a head on accident]]> https://www.robertamillerlaw.com/?p=52106 2026-05-11T15:00:09Z 2026-05-14T14:58:29Z head on collision changes life in seconds. The need for medical care is often immediate but the aftermath of the accident can result in months and even years of bills. The need to miss work for recovery can cause further financial strain and result in reduced earning capacity and long term rehabilitation as well as the need to replace a vehicle. It is important for victims who are working through the aftermath of one of these accidents to understand that the financial impact extends far beyond initial medical treatment.

Common injuries after a head on crash

Injuries often involve multiple body systems. Even “minor” symptoms can signal serious trauma. Typical injuries include:
  • Traumatic brain injury, concussion and skull fracture
  • Spinal injury, disc herniation and paralysis
  • Chest trauma, rib fractures and lung contusion
  • Abdominal injury, internal bleeding and organ damage
  • Broken legs, arms, pelvis and complex fractures
  • Psychological injury, PTSD, anxiety and sleep disruption
These injuries frequently require multiple rounds of care like imaging, surgery, hospitalization, follow up specialists, physical therapy and future pain management. Recovery may take weeks or years.

Typical treatment costs, missed wages, lost income

Although exact treatment costs vary by region, insurance and severity the emergency transport alone can cost hundreds to thousands. Add in the need for emergency department evaluation and testing as well as hospital admission and the cost can quickly reach tens of thousands. Surgery, ICU care, orthopedic hardware, rehabilitation can push total medical costs into six figures. Income loss is another serious concern as missed wages cause further strain due to depleted sick time, unpaid leave and work disruption. Long term impacts include reduced earning capacity, a need for a career change and, in serious cases, disability. Future lost income can exceed initial medical bills, especially for physically demanding jobs. With an understanding of the serious injuries that can result from head-on collisions, the next step is to examine the most common causes of these crashes and how fault — and potential legal liability — may apply.

Common causes of head on accidents

Most head on crashes begin with a lane departure. Some stem from poor decisions while others come from roadway conditions that leave little room for recovery. Additional causes often include:
  • Impaired driving 
  • Distracted driving
  • Drowsy driving
  • Unsafe passing on two lane roads
  • Speeding 
  • Wrong way entry on ramps or divided highways
Each factor raises closing speed and reduces reaction time. The result tends to be violent impact, severe injury and extensive property damage. Many of these factors can establish that the driver was negligent. In these instances, the victim can file a civil claim to hold the at-fault driver financially accountable for accident-related losses. A head on accident creates a cascade: urgent medical decisions, mounting bills, work disruption and long term recovery. Understanding the full cost helps planning and documentation when determining next steps.]]> On Behalf of Law Office of Robert A. Miller <![CDATA[Could AI analysis increase radiology diagnostic error rates?]]> https://www.robertamillerlaw.com/?p=52107 2026-05-07T10:48:05Z 2026-05-07T10:48:05Z AI errors are common but preventable Researchers have found that even AI software specifically programmed for the medical sector can fail at any point without clear indications for the medical professionals using the software. AI may hallucinate information. It may also overlook abnormalities that do not conform with the training or software instructions for the AI. Due to these serious issues, AI should not serve as the sole means of evaluating radiological images and diagnosing patients. Instead, it should dovetail with human review and services. Professionals should catch any oversights made by AI during their own review of diagnostic images. The failure to integrate appropriate safety checks into the diagnostic process when using AI software is typically the fault of the medical professional or their employer, not the company that produced the AI software. If overreliance on technology leads to a failure to diagnose, the professionals involved may have committed malpractice. Reviewing diagnostic records, including any oversights made by AI, with a skilled legal team could help those affected by diagnostic mistakes pursue compensation for the losses triggered by those medical errors.]]> On Behalf of Law Office of Robert A. Miller <![CDATA[Pregnancy-related medical negligence: How liability is determined]]> https://www.robertamillerlaw.com/?p=52105 2026-04-27T23:51:24Z 2026-04-27T23:51:24Z What must be proven to establish liability? To succeed in a pregnancy-related malpractice claim, these four elements must be established:
  • An existing patient-doctor relationship
  • Failure to meet the accepted standard of care
  • The failure directly caused the injury
  • The injury resulted in measurable damages, such as medical expenses, physical harm, emotional trauma or long-term complications
Each of these elements must be supported by clear, credible evidence rather than speculation or assumption. Otherwise, you may not have a valid claim, even if the outcome was severe or deeply distressing.

The role of medical experts

Medical malpractice cases rely heavily on qualified experts who review the facts and explain what a competent health care provider should have done in the same situation. In pregnancy-related cases, these experts often examine prenatal charts, hospital records, fetal monitoring data and delivery notes to determine whether warning signs were missed or intervention was delayed. They also evaluate whether an earlier or a different action could have prevented the injury.

Moving forward after suspected negligence

If you believe that substandard care during your pregnancy or delivery caused harm to you or your child, the next step is to understand whether what happened may qualify as a legal claim. These situations are often medically and legally complex, and it can be difficult to determine on your own if the healthcare provider met accepted standards or contributed to the outcome. This is where legal guidance becomes essential. A professional review of your case can help identify potential negligence, gather key evidence to build a strong claim and protect your rights as a victim of medical negligence.]]> On Behalf of Law Office of Robert A. Miller <![CDATA[Spinal cord injuries are possible after car crashes]]> https://www.robertamillerlaw.com/?p=52104 2026-04-22T18:25:16Z 2026-04-22T18:25:16Z People who are involved in motor vehicle crashes, particularly ones that occur at high speeds, can suffer serious injuries. Some of these are catastrophic. Spinal cord injuries are among the most severe outcomes that can occur in these collisions.  A spinal cord injury disrupts the signals that move between the brain and body. These injuries can affect sensation, movement and basic bodily functions below the area of damage. The effects of a spinal cord injury are often immediate. Victims may notice an inability to move or pain in the affected areas. 

Incomplete versus complete injuries

All spinal cord injuries are classified as either incomplete or complete. This distinction has to do with the nerves in the affected area. If the nerves are still at least partially connected, the injury is incomplete. If the nerves are fully severed, it is complete. Typically, people who have incomplete injuries still have at least limited sensations or movement below the injury, but those with complete injuries don’t have those. Incomplete injuries are usually associated with a better recovery than complete injuries. 

Long-term challenges from spinal cord injuries

Car crashes remain one of the leading causes of spinal cord injuries. The force of impact can lead to displaced vertebrae or fractures, both of which can cause pressure on the spinal cord. Even once the initial trauma symptoms abate, the long-term effects can reshape the person’s life. Extensive rehabilitation, assistive devices and lifelong medical care are often necessary.  The emotional and financial impact of these injuries can also be significant. Many people who have spinal cord injuries regain limited function, but some don’t recover any function. Having to deal with the changes to their lifestyle and the possibility of changes to their work are significant.  These victims may opt to pursue a compensation claim if the crash was caused by a negligent party. These cases have strict time limits and can be rather complex, so it’s critical for anyone in this position to work with someone familiar with these matters.   ]]>