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Medical Malpractice in Oregon

Malpractice refers to the professional negligence by care professionals or providers in which the treatment provided was substandard and caused injury or death to a patient. In the case of medical or dental malpractice, the error may have been a negligent act or an act of omission. Malpractice law may also come into play in the case of nursing home neglect. 

When evaluating whether or not you have a malpractice claim, it’s important to note that an unsuccessful or imperfect result does not necessarily constitute malpractice. Instead, the care provider’s degree of care, skill, or diligence must fall below the average standard of care in the community for the same or similar circumstances. Learn more about medical malpractice as defined by the state of Oregon here. 

What can a malpractice attorney do?

Medical malpractice is notoriously difficult to prove without the help of an experienced attorney. A malpractice lawyer has the knowledge, compassion, and legal expertise to help you navigate the difficult ins and outs of your Oregon malpractice claim, including:

  • Gathering evidence, including medical records
  • Taking the case to trial, if necessary
  • Hiring expert witnesses, if necessary

Contact Nelson MacNeil Rayfield for a free legal consultation.

Oregon Medical Malpractice Law

Medical malpractice occurs when a healthcare professional or provider’s failure to meet the established standard of care results in the injury or death of a patient.

To prove medical malpractice, the plaintiff must prove that the defendant owed them a duty, that the defendant breached that duty, and that the breach of duty caused harm to the plaintiff. These types of cases are often difficult to prove because of the complexity of the evidence involved and the interests of the healthcare professionals in question.

You may benefit from the help of an experienced Oregon medical malpractice attorney if you’ve experienced any of the following in Portland, Albany, or Corvallis:

What is Medical Malpractice?

Medical malpractice refers to the professional negligence by healthcare professionals or providers in which treatment provided was substandard, and caused injury or death to a patient. In the case of medical malpractice, the error may have been a negligent act or an act of omission. When evaluating whether or not you have a medical malpractice claim, it’s important to note that doctors don’t commit malpractice just because their efforts were unsuccessful or were not perfect; the doctor’s degree of care, skill, or diligence must fall below the average standard of care in the community for the same or similar circumstances. Medical malpractice can include, but isn’t limited to:

Failed gallbladder surgery Childbirth complications Failure to diagnose serious health conditions Anesthesia errors Postoperative negligence Emergency room errors
Dental Malpractice

Malpractice can occur in the dental field as well. From diagnostic or treatment errors to harm caused by a procedure or implant, dental malpractice cases can be just as complex and challenging as medical malpractice cases. If you’re pursuing a dental malpractice case in Oregon, a malpractice attorney can answer your questions about the following:

What is Dental Malpractice?

Dental malpractice refers to the professional negligence by a dentist or oral surgeon in which treatment provided was substandard and caused injury or death to a patient. In the case of dental malpractice, the error may have been a negligent act or an act of omission.

When evaluating whether or not you have a dental malpractice claim, it’s important to note that dentists don’t commit malpractice just because their efforts were unsuccessful or were not perfect; the dentist’s degree of care, skill, or diligence must fall below the average standard of care in the community for the same or similar circumstances. Dental malpractice can include, but isn’t limited to:

Failure to diagnose conditions like oral cancer or periodontal disease Injuries to the nerves of the jaw, tongue, and lips Infections resulting from lack of care or improper care Defective bridges or crowns that cause harm to teeth or gums Improper or needless extraction of teeth Wrong prescriptions and/or dosages
Nursing Home Neglect

Nursing home neglect, also referred to as elder neglect or nursing home negligence, most commonly occurs when a resident doesn’t receive proper medical, physical, or emotional attention. In some cases, neglect may escalate into physical or emotional abuse.

The most common underlying causes of nursing home neglect and/or abuse are inadequate staffing, training, and medical treatment. Malpractice attorneys like those at Nelson Macneil Rayfield have the experience necessary to support those affected by nursing home neglect, including:

What is Nursing Home Neglect?

Nursing home neglect, also referred to as elder neglect or nursing home negligence, most commonly occurs when a resident doesn’t receive proper medical, physical, or emotional attention. In some cases, neglect may escalate into physical or emotional abuse.

The most common underlying causes of nursing home neglect and/or abuse are inadequate staffing, training, and medical treatment. Our compassionate, knowledgeable Oregon nursing home attorneys see the following types of injuries stemming from nursing home negligence and abuse:

Falls Bed Injuries and Bedsores Malnutrition and Dehydration Wandering or Flight of a Resident Medication Errors Bed Rail Confinement and Suffocation

What Makes Us Different

With over 70 years of collective legal and trial experience in the state of Oregon, Nelson MacNeil Rayfield’s malpractice lawyers will answer your questions at no cost, help point you in the right direction, or if need be, represent you and your malpractice claim in court. 

A successful legal claim requires a lawyer who understands the intricacies of a malpractice case, ranging from thoroughly investigating the details of the incident, to understanding the state-by-state regulations for filing this type of case. 

Finding a reputable malpractice law firm in Oregon with attorneys who are understanding, compassionate, and willing to fight on your behalf is essential. When choosing a law firm to handle your malpractice case, look for:

  • Experience you can trust
  • Specialty in malpractice litigation
  • Satisfied clients
  • Fair fee structure
  • Ethics
  • Responsiveness

Information You Should Know

What is Pediatric Malpractice? 

It is often said that there is nothing more precious than a child. From entering our lives, they become our primary and constant focus. We

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Commonly Asked Questions in an Oregon Medical Malpractice Claim

In Oregon, a medical malpractice case needs to be brought forward by an injured patient against a licensed healthcare provider from which they received care. An experienced Oregon medical malpractice attorney will guide them through the process and help them investigate and build their case. 

The defendant in the case might choose to use the defense of modified comparative negligence, as Oregon law allows, thus reducing the damage awarded proportionally to the percentage of fault that the court eventually assigns. 

Most medical malpractice cases settle out of court. This might even be done before the case advances in litigation to the point of trial.

Oregon is actually one of the few states that does not place a cap on how much a victim of malpractice may be able to claim upon completion or settlement of a case. Bear in mind, some limitations exist for certain circumstances – in particular, in cases of wrongful death, Oregon caps noneconomic damages at $500,000.

Typically, the most difficult element of malpractice to prove is causation. This entails proving to a court that a healthcare professional’s actions had a direct impact on your health, resulting in injury or damage. 

A common way that an Oregon malpractice attorney will help build a case is to use the ‘but for’ test. This hinges on someone being able to say that their injury or illness would have not happened at all, but for the healthcare professional’s actions or inaction. 

These means of connecting cause and effect can be difficult to navigate alone. That’s why the knowledgeable Albany, Corvallis, and Portland medical malpractice attorneys at Nelson MacNeil Rayfield will answer all of your questions in a free consultation, wherein they’ll guide you through the process and point you in the right direction.