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Law Office Of Robert A. Miller

541-359-4331

Dedicated To Protecting What Matters Most

You Deserve Proper Medical Care

Every day, people under the care of medical professionals, such as surgeons and hospital staff, are seriously injured. Medical malpractice occurs when a doctor, hospital, medical provider or another health care professional causes an injury or deteriorating medical condition by breaching the normal standards of care. Medical providers have the legal responsibility to protect you and your loved ones from harm.

At the Law Office of Robert A. Miller, our personal injury attorneys fight for our clients’ compensation if they sustained an injury because of a medical professional’s negligence. Our lawyers will use their thorough knowledge of medical care, anatomy and medical jargon to conduct an in-depth review of your medical treatment. We also have medical professionals who will analyze the care you received and testify in the courtroom. Our Eugene office helps people across Oregon with their medical malpractice injuries.

You Could Be Eligible For Compensation After A Medical Error

Many people are unsure if a doctor’s or a hospital’s mistakes caused their injuries. The only thing our clients know is that they trusted a medical provider for quality treatment, and they now have a serious injury. Our lawyers will investigate the medical provider’s records and dig deep to find out the true cause of your injury.

We assist medical malpractice clients with many types of cases, including:

Our law firm represents medical malpractice clients throughout Oregon and will help you hold medical professionals accountable.

Compassionate Counsel For Birth Injuries

Mothers and babies hurt by a medical provider’s negligence need trusted legal counsel. Our attorneys will investigate the actions taken by the medical staff during delivery and hold them accountable for breaches in the standards of care. Injuries to a newborn can have serious, lifelong consequences and may result in death. Our law firm will take legal action against medical providers who caused unnecessary injuries to your loved ones.

Our lawyers represent clients with many types of preventable birth injuries, including:

Doctors and other medical professionals will not usually talk to patients or their families about errors made in a medical procedure. We will find the facts about your medical care and get you an honest answer about your injuries. We will work to get you the best possible outcome for your case and pursue full compensation from the negligent medical provider and their insurance company.

Frequently Asked Questions About Medical Malpractice In Oregon

Here are some answers to common questions about medical malpractice:

What is informed consent, and how does it relate to medical malpractice?

Informed consent refers to a medical practitioner’s responsibility to inform a patient about the risks, benefits and alternatives to a proposed medical treatment. For example, a doctor may inform a patient that their medical condition could be treated with several different medications, but there would be possible side effects if the patient takes specific drugs. A properly informed patient can make educated and voluntary decisions about their medical care.

When a medical practitioner fails to inform a patient about their options for treatment or the risks associated with a specific treatment, it prevents the patient from making truly voluntary decisions about their health. A patient who has suffered from a medical procedure could sue for medical malpractice because they were not fully aware of the possible consequences of the treatment their provider ordered.

Can I file a medical malpractice claim for a misdiagnosis?

Yes. A misdiagnosis occurs when a medical practitioner incorrectly identifies a patient’s medical condition, leading to improper treatment, delayed diagnosis and increased health risks. To file a medical malpractice claim for a misdiagnosis, a patient will generally need to show that a health care provider failed to conduct a thorough investigation of their symptoms, misread tests or failed to refer a patient to a specialist when appropriate and their failures led to serious damage to their health or medical expenses.

How is negligence proven in a medical malpractice case?

You must prove four key elements to show negligence in a medical malpractice case:

  • Duty of care: A medical provider had a duty of care toward a patient.
  • Breach of duty: The medical provider failed to uphold the appropriate standard of care for the given situation.
  • Causation: The medical provider’s negligence caused harm to the patient.
  • Damages: The patient suffered losses because of the provider’s negligence.

Strong evidence is necessary to prove that a health care provider caused a patient’s losses such as medical records, expert testimony, photos and second opinions.

Are there any caps on damages in medical malpractice cases?

Oregon is one of the few states that does not have a cap on economic damages for medical malpractice cases. However, the cap for noneconomic damages is set at $500,000. To recover maximum damages, it is important to speak with an experienced medical malpractice attorney.

What is the difference between medical malpractice and medical negligence?

The terms are often used interchangeably, but there is a key difference. Medical negligence happens when a health care provider makes an honest mistake that causes harm. For example, forgetting to check an allergy before prescribing medication. Medical malpractice occurs when a provider’s care falls below accepted professional standards, resulting in serious injury or worsening illness.

In other words:

  • Negligence = a medical error that causes harm
  • Malpractice = negligence that breaches professional standards

Both can lead to a valid claim if the mistake caused measurable damage to your health or finances.

Can I settle my medical malpractice case out of court?

Yes. Many cases reach a settlement before going to trial. Settling can save time, reduce stress and help you get compensation sooner. Your attorney will gather evidence, work with medical experts and negotiate with the health care provider’s insurance company to reach a fair resolution.

However, if the other side refuses to offer reasonable compensation, your lawyer may advise taking the case to court. The decision to settle or go to trial will always depend on the strength of your case and your personal goals.

What are the risks of going to trial for a medical malpractice case?

Going to trial can sometimes lead to a higher award, but it also comes with risks. Trials take longer, cost more and the outcome is uncertain; a jury could side with the doctor or hospital. Common risks include:

  • No guaranteed recovery, even if you have been harmed
  • Added costs for expert witnesses and court preparation
  • Emotional strain from testifying and reliving the experience

Your attorney will help you weigh these risks and decide whether trial or settlement makes the most sense for your situation.

What should I bring to my first meeting with a medical malpractice attorney?

Being prepared for your first meeting helps your attorney understand your case and determine the best path forward. Bring copies of your medical records, test results and any bills or receipts related to your care. Include a written timeline of events, noting when symptoms appeared, what treatments you received and any conversations you had with medical staff.

If you have health insurance documents or letters from the doctor, hospital or insurance company, include those as well. Finally, share the names and contact details of any witnesses or other providers who were involved in your treatment. The more information you can provide, the easier it is for your lawyer to assess the situation, identify possible negligence and decide how to move forward with your claim.

How often do medical malpractice claims go to trial?

Trials are expensive. The vast majority of medical malpractice claims never reach a courtroom. Instead, they typically settle through mediation or negotiation before the trial begins, because that is often a more cost-effective option. These cases typically involve complex medical evidence and weighty expert testimonies, and the discovery process leading up to the trial often makes it clear how a claim should be decided.

However, if a fair settlement cannot be reached or there are disputes regarding a practitioner’s liability or the extent of a victim’s damages, a trial may become necessary.

What is a Certificate of Merit, and why is it important in medical malpractice cases?

A Certificate of Merit is a sworn statement from a qualified medical practitioner that indicates that the defendant in your case may have breached the acceptable standard of care for the given situation.

The purpose of a Certificate of Merit is to shield medical providers from baseless or frivolous claims, so it must be filed with a medical malpractice claim to assert the claim’s factual basis or the case will be dismissed.

Can I sue a hospital for medical malpractice or only individual doctors?

Generally speaking, you can pursue a claim against a hospital, clinic and individual providers, depending upon the specifics of your case. Hospitals can be held liable for the negligence of their employees – and that includes nurses, technicians, emergency room doctors and other physicians. In cases where an attending physician is an independent contractor, it may be necessary to pursue separate claims for each party’s share of the negligence.

How does the statute of limitations affect my medical malpractice case?

The statute of limitations is a legal deadline for filing a formal medical malpractice lawsuit.  Typically, in Oregon, the statute of limitations for injuries arising from medical negligence is two years from the date of injury (or the date the injury should have been discovered). In all cases, except those involving fraud, deceit or misleading representation by the medical provider in question, there is a five-year “statute of ultimate repose.” This means that no claim may be made after five years have passed from the date of injury, regardless of when the malpractice was discovered.

Work With An Attorney Who Protects What Matters Most – You

Our capable attorneys have over 70 years of combined legal experience and a long record of results. We offer free consultations to check your injuries and make sure that we can help your case. Call us at 541-359-4331 or send us a private message to start working with our proven lawyers. We will travel to your home or hospital room if you cannot come to the office.