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Gresham Medical Malpractice Lawyers

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What is Medical Malpractice?

Medical malpractice refers to professional negligence or misconduct by healthcare providers that results in harm, injury, or death to a patient. [1] It occurs when a healthcare professional, such as a doctor, nurse, surgeon, or other medical personnel, fails to provide an accepted standard of care, leading to adverse consequences for the patient.

Have you or a loved one suffered from medical malpractice in Gresham, Oregon?

Our personal injury lawyers understand the devastating impact that medical errors can have on your life, and we want to help you get the fair compensation you deserve. Our dedicated lawyers will work tirelessly to build a strong case on your behalf and ensure you receive the justice you seek. Book a free consultation today!

What Is Medical Malpractice?

Elements of a Medical Malpractice Claim

Medical malpractice claims typically involve specific elements that need to be established for the claim to be successful. These elements may vary to some extent depending on the jurisdiction, but in general, the following components are commonly present in a medical malpractice claim:

  • Breach of Standard of Care: Medical professionals are expected to adhere to a widely recognized and accepted standard of care within their medical community. A breach occurs when a provider deviates from this standard.

  • Causation: The breach of the standard of care must be directly linked to the patient’s injury or harm. It must be shown that the healthcare provider’s actions or omissions were a substantial factor in causing the adverse outcome.

  • Damages: You must have suffered damages to pursue a medical malpractice claim. Damages can include physical injuries, emotional distress, additional medical bills, loss of income, or other measurable losses.

Types of Medical Malpractice Claims

Medical malpractice refers to professional negligence by a healthcare provider that results in harm or injury to a patient. These cases can be complex and may involve various types of claims. Here are some types of medical malpractice claims:

  • Wrong Site Surgery: This occurs when a surgeon operates on the wrong part of the body. For example, a patient may undergo knee surgery instead of the intended hip surgery. This type of malpractice can lead to permanent injury and may require additional surgeries to correct the error.

  • Failure to Diagnose: A healthcare provider failing to identify a patient’s medical condition can result in delayed treatment and worsened health outcomes. For instance, a doctor may overlook symptoms of cancer, leading to a delayed diagnosis and progression of the disease.

  • Misdiagnosis: Similar to failure to diagnose, misdiagnosis involves an incorrect diagnosis of a medical condition. This can lead to unnecessary medical treatments and failure to address the underlying health issue.

  • Surgical Error: Leaving surgical instruments, such as sponges or tools, inside a patient’s body is a serious form of medical malpractice. This can cause severe pain, infections, and additional surgeries to remove the foreign objects.

  • Anesthesia and Medication Errors: Mistakes in administering anesthesia and other medication can result in complications, nerve damage, or even death. Anesthesia errors can have devastating consequences for the patient.

  • Hospital Acquired Infections: Hospitals have to maintain clean and safe environments. Infections acquired during a hospital stay, such as MRSA or C. diff, can lead to prolonged hospitalization and potential long-term health issues.

Types of Medical Malpractice Claims

Statute of Limitations for Medical Malpractice in Gresham

In Gresham, the Statute of Limitations for filing a medical malpractice lawsuit is two years from the date of the injury or from the date the injury was discovered, with a maximum of five years from the date the malpractice occurred. There are specific requirements and exceptions, such as cases involving minors, mental incompetency, or fraud, which may extend the time limit.

The Statute of Limitations in medical negligence cases in Gresham is critical, as it determines the eligibility for compensation. Failing to file a lawsuit within the specified time frame can result in losing the right to seek damages for the injuries sustained. Contact our personal injury attorneys in Gresham for guidance regarding time limits and exceptions for your specific case. 

The Role of a Medical Malpractice Lawyer in Your Case

If you believe you’ve experienced medical malpractice, navigating the legal process can be overwhelming and confusing. Our team of experienced medical malpractice lawyers is here to guide and support you every step of the way.

Here’s how we can play an important role in your case:

  • Case Evaluation and Investigation: We will carefully review your medical records, consult with medical experts, and gather all relevant evidence to assess the merits of your case.
  • Legal Representation and Advocacy: Goldberg & Loren serve as your legal representatives, handling all communication with insurance companies, medical providers, and opposing counsel.
  • Building a Strong Case: We will investigate the facts of your case, identify all liable parties, and gather evidence to support your claims.
  • Negotiation and Settlement: Our experienced attorneys will negotiate with insurance companies and other parties to reach a fair and just settlement that compensates you for your damages.
  • Trial Preparation and Representation: We will prepare your case for trial if a settlement cannot be reached. We will work closely with you to develop a winning strategy, present your case persuasively to the jury, and aggressively defend your rights in court.
The Role of a Medical Malpractice Lawyer in Your Case

Do not hesitate to contact us today. Our medical malpractice attorneys are here to help you recover from all the losses associated with your medical malpractice experience.

FAQs About Medical Malpractice

Yes, hospitals can be held liable for the actions of their employees, including doctors and nurses. Hospitals may be held responsible for issues like inadequate staffing or faulty equipment.
The standard of care is the level of care and skill expected from a reasonably competent healthcare professional in the same field under similar circumstances.
In most cases, yes. Expert witnesses, typically healthcare professionals in the same field, must often testify about the standard of care and how it was breached.

Source:

[1] Brazier, Y. (2023, June 8). What is medical malpractice? https://www.medicalnewstoday.com/articles/248175

Goldberg & Loren

Phone: (971) 320-7063

Service Area: Gresham, Oregon

George Goldberg

We fight hard for our clients who have been victims of medical malpractice in Gresham, Oregon. Our personal injury lawyers fight for maximum compensation.

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We Represent Medical Malpractice Victims in the Following Cities and Communities Near Gresham, Oregon.

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