5 Medical Malpractice Cases in Oregon
In 2022, 59 deaths due to medical malpractice were reported in Oregon. [1]
We seek medical care facilities as places of comfort and healing whenever we face illness or accidents in our lives. However, there are times when hospitals and healthcare providers may become adversaries, whether intentionally or unintentionally. Here are some significant medical malpractice actions reported in Oregon that have brought dark days into individuals’ lives.
1. Oregon Nurse Accused of Swapping Fentanyl with Tap Water in Wrongful Death Case
2. $475,000 Lawsuit Claimed Surgeon Failed to Notice Robot Component in Patient’s Abdomen
3. Horton’s Near-Fatal Cancer Fight Leads to $3 Million Settlement for Surgical Error at OHSU
4. $3.1 Million Lawsuit Filed Against St. Vincent Medical Center by Stroke Victim
5. Girl Sued Tuality Forest Grove Hospital for $850,000 After Developing Flesh-Eating Infection from Kickstand Fall
Oregon Nurse Allegedly Replaced Patient's Fentanyl Drip with Tap Water, Resulting in Wrongful Death Lawsuit
A medical malpractice lawsuit was filed in February 2024 in response to allegations that hospital staff at a southern Oregon hospital replaced intravenous fentanyl drips with tap water, seeking up to $11.5 million on behalf of the estate of a 65-year-old man who passed away.
This wrongful death lawsuit was filed against Asante Rogue Regional Medical Center in Medford. The plaintiffs claim that the nurse substituted the fentanyl with non-sterile tap water, introducing harmful bacteria into the patient’s bloodstream. Subsequent tests revealed an infection caused by treatment-resistant bacteria, specifically Staphylococcus epidermidis. The patient, identified as Wilson, ultimately progressed to multi-system organ failure and died several weeks later. [2]
$475,000 Lawsuit Claimed Surgeon Overlooked Robot Component That Fell into Patient's Abdominal Cavity
A woman filed a $475,000 lawsuit claiming that she endured excruciating abdominal pain for months, only to discover that a piece of a robotic arm had fallen unnoticed into her abdominal cavity during surgery seven months earlier.
Heidi Carlson’s lawsuit, filed last week in Multnomah County Circuit Court, alleges that she underwent a procedure at Legacy Emanuel Medical Center on September 26, 2012. During the surgery, a component of the da Vinci surgical robot allegedly fell into her abdominal cavity, but the lead surgeon failed to notice it and proceeded to close her up, according to the legal filing.
Following the surgery, Carlson experienced severe, incapacitating pain in her abdomen. Despite her ongoing distress, the lawsuit claims the lead medical experts did not order any scans to investigate the source of her pain. In April 2013, a CT scan finally uncovered the reason for Carlson’s suffering, revealing the surgical oversight that had gone undetected for so long. The lawsuit sought compensation for the pain and suffering she endured due to the alleged negligence during her surgery. [3]
Tyson Horton's Near-Fatal Battle with Cancer Led to $3 Million Settlement After Surgical Error at OHSU
Tyson Horton’s life-threatening ordeal began in 2009 when, at just six months old, his mother discovered a hard bump on his body, leading to the diagnosis of a cancerous tumor on his liver.
During an attempt to remove the tumor, doctors at Oregon Health & Science University (OHSU) accidentally severed key blood vessels, resulting in liver failure. He was subsequently flown to a children’s hospital in California, where pediatric transplant specialists were available—a resource not offered at OHSU.
Fortunately, doctors successfully transplanted a portion of his mother’s liver into Tyson, effectively saving his life.
In 2011, OHSU reached a settlement with his family, awarding them $3 million, the maximum amount permitted under the Oregon Tort Claims Act, which caps judgments against public entities such as OHSU. [4]
St. Vincent Medical Center Sued for $3.1 Million by Woman Who Suffered Stroke
A woman sued St. Vincent Medical Center for $3.1 million, alleging that medical staff misdiagnosed her stroke as an “emotional” issue, causing critical delays in providing proper treatment.
The lawsuit, filed in Multnomah County Circuit Court, claimed that Kristine Haveman collapsed at home on November 25, 2012, and brought her to St. Vincent. Upon her arrival, she was unresponsive. The suit stated that emergency room staff ordered a CT scan, which was misinterpreted, leading to a failure to administer clot-busting medication within the required window of 3 to 4.5 hours.
This negligent conduct resulted in a worsened medical condition, including brain damage and harm to her central nervous system. She is seeking $100,000 for medical expenses, $1 million for lost earning capacity, and $2 million for pain and suffering. [5]
Girl Who Developed Flesh-Eating Infection After Fall on Kickstand Filed $850,000 Lawsuit
The family of a girl who fell onto the kickstand of her bicycle in June 2009 sued Tuality Forest Grove Hospital for $850,000, alleging that a doctor dismissed the girl’s injury as merely a bruise and failed to provide antibiotics that could have prevented the onset of flesh-eating bacteria.
Two days after the accident, the girl was taken to Legacy Emanuel Children’s Hospital in North Portland, where she underwent six surgical procedures during her 19-day hospital stay, according to the lawsuit. The girl received skin grafts and sustained scarring to her lower abdomen, and the suit stated that she would require reconstructive surgery in the future. [6]
If you or a loved one has suffered malpractice, contact the medical malpractice lawyers at Goldberg & Loren for a free consultation today.
FAQs
Medical malpractice occurs when a healthcare provider fails to provide the standard of care expected in the medical community, harming the patient. It can include errors in diagnosis, treatment, aftercare, or health management.
In Oregon, the Statute of Limitations for medical malpractice claims is generally two years from the date of the injury or from when you discovered the injury. [7] However, there are exceptions, so it's advisable to seek legal counsel promptly.
To prove negligence, you typically need to establish:
- The standard of care in your situation.
- That the healthcare provider deviated from that standard.
- That this deviation led to your injury.
- The actual harm you suffered as a result.
Sources:
[1] Death Data. (n.d.). Oregon Health Authority. Retrieved January 29, 2024, from https://visual-data.dhsoha.state.or.us/t/OHA/views/Oregondeathsfromexternalinjuries/DemogDash?
[2] Oregon nurse replaced patient’s fentanyl drip with tap water, wrongful death lawsuit alleges. (2024, February 29). CBS News. https://www.cbsnews.com/news/nurse-replaced-fentanyl-drip-tap-water-wrongful-death-lawsuit-asante-rogue-regional-medical-center/
[3] Oregonian/OregonLive, A. G. |. (2014, October 1). Piece of robot fell into patient’s abdominal cavity, and surgeon didn’t notice, $475,000 lawsuit says. Oregonlive. https://www.oregonlive.com/portland/2014/09/surgeon_didnt_notice_piece_of.html
[4] Oregonian/OregonLive, N. B. |. (2014, November 6). Klamath Falls boy’s challenge to Oregon Health & Science University, payout caps, heads to Supreme Court. Oregonlive. https://www.oregonlive.com/health/2014/11/klamath_falls_boys_challenge_t.html
[5] Oregonian/OregonLive, A. G. |. (2014a, April 14). St. Vincent Medical Center sued for $3.1 million by woman who had stroke, not “emotional” problem. Oregonlive. https://www.oregonlive.com/portland/2014/04/st_vincents_hospital_sued_for.html
[6] Oregonian/OregonLive, A. G. |. (2014b, April 17). Girl who suffered flesh-eating infection after falling on kickstand spurs $850,000 lawsuit. Oregonlive. https://www.oregonlive.com/portland/2014/04/girl_who_suffered_flesh-eating.html
[7] ORS 12.110 – Actions for certain injuries to person not arising on contract. (n.d.). https://oregon.public.law/statutes/ors_12.110
