Law Office of Robert A. Miller Law Office of Robert A. Miller 2026-09-16T04:30:19Z 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[Is your “harmless” habit as dangerous as drunk driving?]]> https://www.robertamillerlaw.com/?p=52141 2026-09-16T04:30:19Z 2026-09-16T04:30:19Z A driver does not need to be speeding or intoxicated to cause a catastrophic wreck. Some distractions are especially likely to cause these high-impact scenarios, and they show up repeatedly in serious injury claims in Oregon.

Three categories of driver distraction

Inattention behind the wheel manifests on three different fronts:
  • Visual distractions pull the eyes away from the road
  • Manual distractions take hands off the wheel
  • Cognitive distractions occupy the mind
Even though many people worry about drivers with divided attention, they often admit to doing it themselves while driving.

Texting creates the perfect storm

What makes texting uniquely catastrophic is that it leaves zero sensory backup. Most distractions compromise one habit—a hand off the wheel or a mind wandering—but texting completely incapacitates the driver's visual (looking down at the screen), manual (typing or scrolling) and cognitive (focusing on the message) capacities all at once. In the five seconds it takes to send a quick text, a vehicle moving at highway speed travels more than 100 yards (the length of an entire football field) without a single conscious eyes-on-the-road correction. This makes an impact with a braking car, red light or pedestrian almost unavoidable.

Other high-risk distractions

Several other behaviors create serious crash risks:
  • Programming GPS or navigation systems while the vehicle is moving
  • Eating or drinking, which requires visual attention and manual coordination
  • Reaching for objects in the back seat, glove box or floor
  • Personal grooming, such as applying makeup or shaving
  • Interacting with passengers, especially during arguments or while attending to children
  • Adjusting vehicle controls like climate settings or entertainment systems
Each of these activities prevents drivers from braking before impact. Collisions often occur at full speed, transferring maximum force to the vehicle and occupants. Distracted drivers can also drift out of their lanes without warning, causing side-impact and head-on crashes. The lack of evasive action means other drivers have no time to protect themselves.

Compensation may be available

Oregon law prohibits all handheld phone use while driving, including texting, calling and using app navigation. Violators face fines, and repeat offenders risk license suspension. When a texting driver causes an accident, their violation of this statute strengthens an injury claim. The state also follows a modified comparative negligence rule. The at-fault driver’s inattention becomes central to an injured victim’s case, as it allows them to recover damages based on the percentage of fault assigned to each party, provided they are not more than 50 percent responsible for the crash. Proving distraction, as in other types of auto accidents, requires evidence. Cell phone records, witness statements, dashcam footage and police reports are all crucial for establishing what the other driver was doing. Many claimants find it advantageous to enlist the help of a legal professional when gathering this evidence at a time when healing is the priority.]]> On Behalf of Law Office of Robert A. Miller <![CDATA[Your recovery team: Who to call (and what to ask) after a head-on accident]]> https://www.robertamillerlaw.com/?p=52137 2026-09-10T10:43:36Z 2026-09-15T10:42:38Z head-on collision turns your world upside down in seconds. Beyond the immediate shock, you face a maze of recovery steps that can feel overwhelming. Building the right recovery team makes all the difference between fumbling through the aftermath and taking control of your healing journey.

Your medical frontline: Emergency and primary care

Emergency room physicians stabilize your immediate injuries, but your primary care doctor becomes your recovery quarterback. Within 72 hours of the accident, it is often wise to schedule a follow-up appointment even if you feel fine. Hidden injuries like whiplash or internal bruising can surface days later. Ask your primary care physician: What symptoms should trigger an immediate return visit? Do I need specialist referrals? How will this injury affect my existing health conditions? What documentation do I need for insurance claims?

Physical therapy: Rebuilding strength and mobility

Head-on accidents frequently cause soft tissue damage that requires professional rehabilitation. A licensed physical therapist designs exercises to restore your range of motion and prevent long-term complications. During your initial consultation, discuss: What is my expected recovery timeline? Which exercises can I safely do at home? How many sessions will my insurance cover? When can I return to work or normal activities?

Mental health support: The invisible injuries

Post-traumatic stress, anxiety and depression commonly follow serious accidents. A qualified therapist helps you process the emotional aftermath and develop coping strategies.

Auto body and insurance coordination

Your vehicle needs attention too. Reputable auto body shops provide damage assessments and work directly with insurance adjusters. Request written estimates and ask about repair timelines and warranty coverage.

When to call legal counsel

Not every accident requires an attorney, but certain red flags signal it is time to seek legal guidance. Consider calling a personal injury lawyer if:
  • The other driver was uninsured or disputes fault
  • Your injuries require extensive medical treatment or cause permanent disability
  • Insurance companies offer settlements that seem inadequate
  • Multiple parties share responsibility for the collision
An experienced attorney can work to protect your rights while you focus on healing. 

Taking control of your recovery

Building your recovery team is not about adding stress — it is about removing it. Each professional plays a specific role in restoring your health, property and peace of mind. Start with medical care, address your emotional needs and do not hesitate to seek legal counsel when the situation warrants it.]]> On Behalf of Law Office of Robert A. Miller <![CDATA[Can parents claim emotional distress for Oregon birth injuries?]]> https://www.robertamillerlaw.com/?p=52142 2026-09-11T07:44:57Z 2026-09-14T07:01:54Z A birth injury can change the first moments of parenthood. Instead of celebrating a healthy delivery, you may watch your newborn suffer a serious injury and need urgent care. This can cause deep emotional pain. In Oregon, however, emotional distress alone does not always lead to compensation.

When emotional distress may support a claim

Oregon allows some claims for emotional distress when a person sees a close family member suffer a serious injury because of negligence. In Philibert v. Kluser, the Oregon Supreme Court recognized a claim for a person who saw a close family member suffer a serious injury or death caused by negligence. Oregon law sets four key requirements for this type of claim. You must:
  • Witness the event that causes the injury as it happens
  • Have a close family relationship with the injured person
  • See a sudden and serious injury caused by negligence
  • Suffer serious emotional distress because of what you witnessed
These rules may apply in some birth injury cases. For example, seeing negligent care during delivery that causes your newborn to suffer a sudden and serious injury is different from learning about the injury hours or days later.

Other legally protected interests may matter

Oregon law also allows emotional distress damages in some cases where negligence harms a right that the law protects. The Oregon Supreme Court has allowed this type of claim when a person's actions violate a specific legal right. This type of claim depends on the facts of each case. It does not remove the rules for a bystander claim. Instead, the facts must show that the negligence harmed a separate right protected by law. Several facts may affect whether you have a claim, including:
  • Whether you saw the injury happen
  • Whether medical negligence caused the injury
  • How sudden and serious the injury was
  • Whether you suffered serious emotional distress
  • Whether another legal right applies
Medical records and details about the delivery can help show what happened and when. Legal assistance can also help determine whether the facts support a claim for emotional distress under Oregon law.

The details can matter

Oregon law does not treat every emotional reaction to a child's injury as a loss that can lead to damages. The events during the birth, the child's injury and what you personally saw may all affect your claim. If a birth injury raises questions about emotional distress, looking closely at these facts can help show which legal claims may apply.]]> by Law Office of Robert A. Miller <![CDATA[What to do if instruments were left inside your body]]> https://www.robertamillerlaw.com/?p=52139 2026-09-07T09:10:52Z 2026-09-07T09:10:52Z Recognizing the signs of retained surgical items Symptoms of a retained surgical instrument may appear right after surgery or develop slowly over weeks. In some cases, symptoms develop weeks or months later. The warning signs can include:
  • Ongoing abdominal pain
  • Unexplained fever
  • Swelling near the surgical site
  • Nausea or vomiting
  • Unusual discharge from the incision
Medical imaging can often detect a retained object. Prompt medical care can help doctors identify the cause of symptoms and determine whether the patient needs treatment. Medical records can also document symptoms, diagnosis and treatment. These records can provide key evidence in a surgical error claim.

Steps to take after finding a retained instrument

Protecting health and preserving legal rights requires careful action. With an attorney’s help, patients can take the following steps:
  • Get a second medical opinion: See another medical provider for an independent review and any needed treatment.
  • Request surgical records: Obtain all relevant records, including the original surgical notes and instrument count sheets.
  • Keep medical bills: Save all bills for treatment related to the retained instrument and any follow-up care.
  • Document the impact: Record how the retained instrument affects daily activities, work and overall well-being.
Oregon generally gives a person two years to file a medical malpractice claim after discovering the injury, or when the injury should have been discovered. Exceptions may apply.  Because timing can be fact-specific, patients who discover a retained surgical item should consider obtaining legal advice promptly.

Understanding a potential Oregon malpractice claim

A retained object can turn a routine procedure into a serious legal issue. Some cases need medical experts to show that a provider failed to meet the proper standard of care. In other cases, Oregon law may allow negligence to be inferred without expert testimony. Oregon generally does not require a certificate of merit with a medical malpractice complaint. An experienced attorney can review the facts and explain whether a claim may support compensation for medical costs, lost wages, pain and suffering and other losses.  ]]> On Behalf of Law Office of Robert A. Miller <![CDATA[Can doctors miss early signs of pancreatic cancer in Oregon?]]> https://www.robertamillerlaw.com/?p=52136 2026-08-25T06:39:51Z 2026-08-25T06:39:51Z Why doctors may miss pancreatic cancer Early pancreatic cancer often causes few clear symptoms. When symptoms appear, they may include unexplained weight loss, abdominal or back pain, jaundice, digestive problems or changes in blood sugar. Many health problems can cause these symptoms, so they do not always point to cancer. Doctors may need to order more tests when symptoms continue, change or appear with other warning signs. The right tests depend on the patient's symptoms and medical history. Doctors may use imaging, blood tests or other diagnostic procedures when pancreatic disease becomes a concern. When symptoms continue or get worse without a clear cause, doctors may need to investigate further. The key question involves what a reasonably careful doctor in the same specialty would have done under similar circumstances.

When a missed diagnosis may raise concerns

A delayed diagnosis does not automatically mean medical malpractice. A patient generally must show that the healthcare provider failed to meet the required standard of care and that this failure caused harm. A doctor may raise concerns by:
  • Failing to investigate symptoms that continue or get worse
  • Failing to follow up on abnormal test results
  • Overlooking important findings on imaging
  • Failing to order reasonable follow up tests
  • Delaying a needed referral or further evaluation
A medical review can help determine whether the provider followed the required standard of care. It can also help show whether the delay affected the patient's condition.

What Oregon patients should understand

Under Oregon law, a medical malpractice claim generally requires proof that negligent medical care caused an injury. Timing matters in Oregon malpractice cases. Oregon law generally gives patients two years to file a medical malpractice claim after they discover or reasonably should have discovered the injury. A five year outer limit may also apply. For a patient who went without a pancreatic cancer diagnosis for an extended period, the filing deadline can depend on when the patient discovered the injury and its connection to the medical care. A pancreatic cancer diagnosis alone does not prove negligence. Medical records, symptoms, test results, timing and the resulting harm all matter. When a doctor misses pancreatic cancer, patients may want to understand whether the delay resulted from the difficulty of detecting the disease or from a failure to provide appropriate care. Reviewing the medical history can help answer that question.]]> On Behalf of Law Office of Robert A. Miller <![CDATA[Colorectal cancer in younger patients: Is your doctor missing the mark?]]> https://www.robertamillerlaw.com/?p=52127 2026-08-10T09:34:37Z 2026-08-13T09:33:36Z professionals used to associate colorectal cancer as a disease of older adults, but recent statistics paint a troubling picture for younger Americans. The American Cancer Society estimates that 158,850 Americans will receive a colorectal cancer diagnosis in 2026, with approximately 55,230 deaths expected this year. While overall incidence rates have declined among older populations — thanks largely to increased screening and lifestyle modifications — rates are increasing among younger adults.

A growing threat to younger Americans

From 2013 to 2022, colorectal cancer incidence among adults younger than 50 increased by 2.9% annually. This sharp rise has prompted both the American Cancer Society and the U.S. Preventive Services Task Force to lower their recommended screening age from 50 to 45 for individuals at average risk. Those with certain risk factors, including family history or inflammatory bowel disease, may need to begin screening even earlier.

How medical teams test for colorectal cancer

Early detection remains the most effective weapon against colorectal cancer. Medical professionals employ several screening methods to identify the disease in its earliest, most treatable stages. Colonoscopy remains the gold standard, allowing physicians to visualize the entire colon and remove precancerous polyps during the procedure. The choice of screening method depends on individual risk factors, patient preference and availability of resources.

Warning signs of a missed diagnosis

Despite advances in screening technology, colorectal cancer diagnoses are sometimes delayed or missed entirely. Recognizing the signs of a potential missed diagnosis can be critical for young seemingly fit patients who may not fit the traditional profile for this disease. Common red flags that warrant immediate medical attention include:
  • Persistent changes in bowel habits, including diarrhea or constipation lasting more than a few days
  • Rectal bleeding or blood in the stool that is dismissed as hemorrhoids without proper investigation
  • Unexplained weight loss and persistent abdominal cramping or pain
  • Chronic fatigue and weakness that cannot be attributed to other causes
These symptoms deserve thorough investigation, particularly when they persist despite initial treatment attempts.

Taking action

The rising incidence of colorectal cancer among younger adults underscores the importance of awareness, early screening and persistent advocacy for your health. If you experience concerning symptoms and believe your doctor is not taking the matter seriously, do not hesitate to seek a second opinion. Early detection saves lives, and no one is too young to take colorectal health seriously.]]> On Behalf of Law Office of Robert A. Miller <![CDATA[Your immediate steps after a serious car accident in Oregon]]> https://www.robertamillerlaw.com/?p=52134 2026-08-12T07:01:00Z 2026-08-12T07:01:00Z 1. Prioritizing your health and safety After a crash, check yourself and your passengers for immediate harm. If it is safe to do so, you can move the vehicles out of traffic and turn on hazard lights. Call 911 right away if anyone is seriously hurt, killed or there is significant property damage. In Oregon, you must report such crashes to the authorities.

2. Documenting the scene

While you are at the crash site, it is important to gather as much information as possible. Exchanging names, contact information and insurance details with everyone involved can help support your claim later. In addition, taking photos of the vehicle damage, road conditions and any visible injuries can provide important visual proof.

3. Complying with state reporting laws

Make sure an official police report is filed, as it provides important objective evidence about the crash. In Oregon, you may also need to file a collision report with the Driver and Motor Vehicle Services (DMV) within 72 hours if any vehicle damage exceeds $2,500, if any vehicle towing occurs from the scene or if there is an injury or fatality.

4. Seeking immediate medical attention

Even if your injuries seem minor, it is vital to visit the emergency room (ER) or urgent care as soon as possible. Adrenaline can often mask whiplash or hemorrhage that can manifest with worse symptoms much later. Getting treatment right away can also help with medical documentation for your accident claim.

5. Dealing with insurance

Notifying your insurance company promptly is important, but keep your report limited to the facts of the accident. It is best to avoid giving a recorded statement to the other driver’s insurer or signing any settlement agreement or waiver without consulting an attorney first, since doing so could affect your claim.

Protecting your claim

Focusing on documentation and careful communication is crucial in pursuing compensation after a car accident. A lawyer can help you secure an outcome that reflects the full scope of your losses.  ]]> On Behalf of Law Office of Robert A. Miller <![CDATA[How do birth injuries affect a child’s cognitive development?]]> https://www.robertamillerlaw.com/?p=52131 2026-08-09T19:50:29Z 2026-08-09T19:50:29Z Key areas of brain growth that are affected To better understand these challenges, consider how brain injuries directly impact core areas of development. Some of the cognitive functions commonly affected include:
  • Planning and control: Trouble with organizing things, staying focused or stopping oneself from acting without thinking
  • Talking and listening: Taking longer to learn how to speak or having a hard time following simple directions
  • Thinking speed: Needing more time to finish work or understand new ideas
  • Focus: Not being able to pay attention for very long or having ADHD
  • Seeing and space: Struggling to tell how far away things are or how to solve puzzles
Medical malpractice may occur when health providers fail to monitor fetal distress, delay an emergency C-section or mismanage delivery tools, leading to a preventable birth injury. In Oregon, personal injury claims generally carry a two-year statute of limitations, though special extension rules apply to minors up to specific legal limits.

Protect your child’s future

When medical mistakes cause a birth injury, acting quickly protects your rights and meets legal deadlines. Proving these claims involves complex evidence, so talking to an experienced birth injury attorney early helps you secure your rights and fight for the financial support your child needs.]]> On Behalf of Law Office of Robert A. Miller <![CDATA[When delayed medical decisions during labor lead to injury]]> https://www.robertamillerlaw.com/?p=52128 2026-07-28T12:33:12Z 2026-07-28T12:33:12Z For new families, bringing a baby into the world is often filled with excitement, hope and careful, meticulous planning. Families trust their medical team to monitor both the parent and baby throughout labor and respond when concerns arise. While many deliveries happen without complications, labor circumstances can sometimes change in just a single second. When healthcare providers recognize problems and act promptly, they may be able to reduce the risk of serious harm.  

Why timely action during labor matters

During labor, doctors and nurses are supposed to closely monitor the baby's heart rate, contractions and the parent's condition for signs that something may be wrong. Changes in fetal heart rate, prolonged labor or umbilical cord problems may indicate that the baby is not receiving enough oxygen. Approximately three babies in the United States are born with birth injuries every hour, affecting as many as seven out of every 1,000 deliveries. Behind each statistic is a family whose life may be changed by unexpected medical challenges. Although not every complication can be prevented, prompt recognition and treatment can make a meaningful difference in certain situations. When warning signs appear, healthcare providers need to make timely decisions about changing the labor plan. This could include increasing monitoring, using additional diagnostic testing or performing an emergency cesarean section when medically necessary. Delays in responding to signs of fetal distress may increase the risk of oxygen deprivation, which can contribute to serious conditions such as hypoxic-ischemic encephalopathy (HIE), cerebral palsy or other lifelong neurological injuries. Every labor is different, but timely intervention is often an important part of protecting both parent and child. Not every birth injury is the result of medical malpractice, and complications can occur even when healthcare providers follow appropriate standards of care. However, if delayed medical decisions or a failure to respond to clear warning signs contributed to a preventable injury, families may have legal options. Speaking with an experienced professional can help you better understand what happened and explore the next steps towards recovery and justice.  ]]> On Behalf of Law Office of Robert A. Miller <![CDATA[What Oregon drivers should know about UM and UIM coverage]]> https://www.robertamillerlaw.com/?p=52126 2026-07-21T16:33:05Z 2026-07-21T16:33:05Z roughly one in seven drivers lacks the required coverage. An at-fault driver might have no insurance or carry limits that are too low to pay for your serious injuries. When this happens, your own auto policy steps in to cover your damages.

How the uninsured motorist safety net works

Oregon law requires every auto liability policy to include protections against drivers who lack enough insurance. These coverages allow your insurance company to take the place of the at-fault driver. Uninsured motorist (UM) coverage is triggered in situations where the at-fault driver completely lacks an auto policy, as well as in hit-and-run incidents where the responsible party remains unknown. You can use your underinsured motorist (UIM) benefits if the responsible driver carries an active auto policy that fails to pay for your complete financial losses. Understanding these two coverages shows how you can pay for your physical and financial recovery.

The role of Personal Injury Protection

Before UM or UIM limits apply to your larger damages, another required coverage pays for your immediate medical needs. Personal injury protection (PIP) serves as your first line of financial defense after an Oregon crash, regardless of who caused the accident. PIP provides support during the early stages of recovery. This system pays for initial expenses while you wait for a final settlement:
  • Emergency medical bills: PIP covers ambulance rides, hospital visits and necessary surgeries.
  • Ongoing rehabilitation: The coverage pays for physical therapy and follow-up doctor appointments.
  • Lost income: PIP replaces a portion of your wages if your injuries prevent you from working.
If your damages exceed your PIP limits or include noneconomic losses such as pain and suffering, your UM or UIM coverage may be triggered to cover the remaining costs.

Why your own insurer might challenge a claim

Activating your UM or UIM coverage does not guarantee an automatic payout. Insurance companies review claims to check your damages and medical treatments. This process can lead to disagreements about the value of your claim. You must still prove your damages just as you would against another driver.

Secure fair compensation without a rate hike

Filing a claim against your own insurance company involves specific steps during recovery. Generally, insurers do not raise rates for accidents where you hold no fault, including claims made under your UM or UIM coverage. Your UM and UIM limits usually match the liability limits you chose when you bought the policy. Knowing what your policy covers and how PIP works within those limits helps you seek compensation after a crash.]]>