Frequently Asked Questions About Medical Malpractice

Medical errors are thought to be the third most common cause of death in the United States – and countless others survive with significant injuries and reduced quality of life.

Our Eugene medical malpractice attorneys at the Law Office of Robert A. Miller are here to help Oregon injury victims and their families seek justice. We want to help victims hold doctors, nurses, surgeons, clinics and hospitals responsible for their negligent, harmful actions. Here are the answers to some of the most common questions we hear from our clients:

What is medical malpractice?

Medical practitioners have a professional obligation to provide their patients with care that adheres to certain expectations or standards. Medical malpractice happens when a doctor, nurse, pharmacist or medical practitioner fails to meet the specific standard level of care that can be expected of them in a given situation, causing harm to a patient.

It is important to note that the expected standard of care can vary significantly from situation to situation. For example, a general practitioner in a small, rural clinic would generally not be expected to provide the same level of medical expertise as a cardiac specialist in a well-equipped urban hospital. An experienced attorney can evaluate your claim and help you determine if malpractice occurred.

How do I know if I have a medical malpractice case?

You may have a medical malpractice case if you can prove that a medical practitioner’s negligence led to your harm, worsening health or unnecessary treatment. If you are unsure if you have a medical malpractice case, you can reach out to our experienced attorneys and tell us your story. We can help you explore your legal options and pursue compensation for your injuries and losses.

What are the most common types of medical malpractice?

There are hundreds of thousands of reported cases of medical malpractice incidents every year, but many of the situations are similar. Here are a few common types of medical malpractice:

• Misdiagnosis or a missed diagnosis: This happens when a medical practitioner fails to make an accurate diagnosis or fails to make a diagnosis entirely. This leads to useless treatments, harmful treatments or significantly delayed treatments that worsen the patient’s condition.
• Surgical errors: This happens when a medical practitioner makes a mistake during surgery, such as performing a wrong-side surgery, leaving medical tools inside the patient after surgery or neglecting to sanitize their surgical tools. This can lead to extra medical procedures, permanent bodily damage, infections and more.
• Medication errors: This happens when a medical practitioner prescribes or fills the wrong kind of medication or the wrong dosage. This can worsen a patient’s medical conditions, delay proper treatment or even kill.
• Birth injuries: This happens when a medical practitioner provides inadequate care to a patient before, during and after the birth of a child, causing damage to either the infant or mother.
• Aftercare errors: This happens when a medical practitioner fails to properly follow up with a patient’s care after a surgery or treatment, which could lead to unexpected medical difficulties.
• Anesthesia errors: This happens when there is a mistake while administering anesthesia to a patient, causing the patient to suffer brain damage, organ failure or even death.

If you have experienced one of the issues, you may have a medical malpractice case on your hands.

How long do I have to file a medical malpractice lawsuit?

In Oregon, you generally must file a lawsuit within two years from the date the malpractice either occurred, was discovered or should have reasonably been discovered. If you are filing a wrongful death claim because a loved one suffered fatal injuries due to medical malpractice, you only have three years from the date of their passing to file for damages.

It is important to note that, with only a few exceptions related to minors and cases involving intentional fraud or concealment by a medical provider, no medical malpractice claim can be filed once five years have passed from the date of injury.

If you fail to make a claim within the deadline, you lose your right to compensation forever. It is essential to consult with an attorney at the Law Office of Robert A. Miller as soon as you suspect medical malpractice so that you can preserve your rights.

What kind of evidence is needed to prove medical malpractice?

Evidence is vital for a successful medical malpractice case, and generally includes medical records, witness testimonies, test results and treatment records. A medical malpractice claim also requires testimony from expert medical witnesses in the same field as the defendant to establish that the care they provided fell below the acceptable standards and directly caused the patient’s injuries or death.

Who can be held liable in a medical malpractice case?

Doctors, nurses and other medical practitioners may be held liable for your injuries for their negligent actions, including failing to diagnose serious medical conditions, abusing substances on the job or engaging in medical procedures that exceed their scope of experience.

Hospitals and medical facilities could also be responsible for your losses. This can happen if a hospital, for example, fails to perform a background check on a doctor who lacks the qualifications to perform surgeries or hires too few nurses to meet patients’ needs.

Many medical malpractice cases involve multiple defendants. It is critical to identify all possible liable parties when filing a medical malpractice case because that affects the amount of compensation available.

What are the first steps I should take if I believe I’m a victim of medical malpractice?

Reach out to our firm and speak to one of our experienced attorneys. We can evaluate your situation and help you take the next steps. You can help your situation by gathering medical records, pursuing additional treatment for your injuries and keeping careful records of your pain and financial losses.

What damages can I recover in a medical malpractice lawsuit?

If your medical malpractice claim is successful, you may be entitled to fair compensation for your injuries and losses, including things like:

• Medical bills: Coverage for hospital stay, medical equipment, medication, additional treatments and future health care.
• Lost wages: Damages for a victim’s loss of income while recovering from their injuries and treatments and future wage loss due to reduced earnings capacity.
• Emotional turmoil: Compensation for the victim’s pain and suffering, anxiety, depression and loss of enjoyment from life.

If you are filing a medical malpractice case after a loved one’s wrongful death, you may recover compensation for the victim’s medical care and funeral expenses, such as burial or cremation costs. You may also be entitled to compensation for their lost financial and emotional support.

Our lawyers can help you explore your compensation options and pursue maximum damages for your losses.

How long does a medical malpractice lawsuit typically take?

Every medical malpractice case is different. The duration of your medical malpractice case can depend on several factors, including the clarity of the defendant’s guilt, the extent of the damages and the willingness of all parties to negotiate fairly.

If the parties involved (particularly the defendant or their insurers) are unwilling to negotiate a fair settlement, your case could go to court. If your case goes to court, you may not be able to reach a settlement for several years, depending on the progress of investigations, court phases, trial dates and expert consultations. Legal representation can stand by your side every step of the way until you recover fair compensation for your injuries and losses.

Can I sue for medical malpractice if the treatment outcome was poor but no negligence occurred?

No. Not all medical treatments and procedures have successful results – and most have inherent risks. There are no guarantees that any specific treatment will have a positive outcome, even if the medical provider does everything right.

For a successful medical malpractice case, it typically must be proven that a medical practitioner performed their duties below the standard level of care, leading to your injuries and losses. In other words, you only have a case when your injuries would likely have been prevented if the medical practitioner had simply exercised better care and consideration. Our attorneys can help you determine whether you have a valid medical malpractice case.

Get Answers With A Free Consultation

With over 70 years of combined legal experience, our Eugene attorneys at the Law Office of Robert A. Miller have the experience and skills to represent your case. The Law Office of Robert A. Miller is ready to fight for you. You can reach out to our office by calling 541-359-4331 or sending us a private message online. Schedule your free consultation today.