Have you or a loved one experienced medical malpractice? Are you feeling confused, frustrated, and in need of help? It is common to feel such disbelief after suffering at the hands of people who were supposed to help or treat you.
That's why you need our Salem medical malpractice attorneys. Goldberg & Loren are here to guide you through the process of filing a medical malpractice claim. Call us at (971) 717-2450 and book a free consultation with our medical malpractice lawyers.
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What Qualifies as Medical Malpractice in Salem?
Medical malpractice refers to a healthcare professional's failure to adhere to the standards of practice, resulting in harm, injury, or damage to a patient.
This could include:
- Nursing Home Abuse (chemical restraints, physical restraints that do not follow code)
- Assisted Living Facilities (neglect, abuse, etc.)
- Home Care Company problems
- Surgical Errors
- Birth Injuries
- Misdiagnosis
- Hospital Acquired Infections (HAI's)
- and much more
If you are unsure whether your experience qualifies as medical malpractice, contact our legal team for a free consultation and find out today.
Oregon had 422 medical negligence claims in 2022, coming in as number 22 on the list of states with the most medical malpractice claims. [1]
Common Types of Medical Malpractice in Salem
Our Salem medical malpractice lawyers take on many medical negligence claims, including those that involve:
- Birth Injuries: Negligence during childbirth that results in harm to the mother or the baby, such as nerve damage, brain injuries, or fractures, falls under medical malpractice.
- Failure to Obtain Informed Consent: This occurs when a healthcare provider fails to properly inform the patient about the risks and benefits of a medical procedure or treatment.
- Hospital-Acquired Infections: When a person comes to the hospital for treatment, but contracts an infection after they are hospitalized, such as C-difficile, MRSA, or another hospital-acquired infection, the hospital may be held liable.
- Lack of Follow-Up or Aftercare: Healthcare providers may be negligent in providing appropriate follow-up care after a procedure or treatment, leading to complications or worsening of the patient's condition.
- Medical Device Errors: Failure to properly use or monitor medical devices, or using defective medical equipment, can lead to patient harm.
- Medication Errors: Incorrect dosage, wrong medication, or administering the wrong medication can lead to serious harm or even death.
- Misdiagnosis or Delayed Diagnosis: This occurs when a healthcare provider fails to accurately diagnose a patient's condition promptly, leading to delayed or incorrect treatment.
- Surgical Errors: Mistakes made during surgery such as performing surgery on the wrong site, anesthetic errors, or leaving surgical instruments inside the patient's body are all surgical negligence that cause serious harm to patients.
How Salem Medical Malpractice Claims are Proven
Medical malpractice claims can be incredibly complex and challenging to prove. To successfully demonstrate that healthcare negligence has occurred, certain key elements must be established.
These elements typically include the following:
- Duty: In medical malpractice, we must establish that a duty of care existed between the patient and the healthcare provider. This duty of care means that the healthcare provider had a legal obligation to provide a certain standard of care to the patient.
- Breach of Duty: Once the duty of care has been established, we need to demonstrate that the healthcare provider breached that duty. This may involve showing that the provider acted in a manner that deviated from the accepted standard of care for their profession.
- Causation: To succeed with a medical malpractice claim, it must be proven that the breach of duty directly caused harm to the patient. This can be a complex element to establish, as it requires linking the provider's actions (or inaction) to the patient's injuries or worsened condition.
- Damages: Demonstrate the extent of the damages suffered by the patient as a result of the healthcare provider's negligence. This may include physical injuries, emotional trauma, financial losses, and more.
Medical Malpractice Compensation in Salem
In a medical malpractice claim, compensation can be awarded to the plaintiff (the injured patient or their family) for various damages incurred due to negligence. These may include:
- Economic Damages: These are tangible losses such as medical expenses, loss of income or earning capacity, rehabilitation costs, and any other financial losses directly related to the medical malpractice.
- Non-Economic Damages: These are intangible losses such as pain and suffering, emotional distress, loss of quality of life, and loss of consortium (impairment of spousal relationship).
- Punitive Damages: Punitive damages may be awarded in addition to compensatory damages as a way to punish the defendant for particularly reckless or egregious conduct. Not all jurisdictions allow punitive damages in medical malpractice cases.
The total medical malpractice payout in Oregon in 2019 was $56,528,500. [2]
Statute of Limitations For Medical Malpractice in Oregon
Statute of Limitations for medical error lawsuits in Oregon can vary, depending on circumstances.
- Medical Malpractice: You are given a 2-year window from the date of the injury to file a claim. ORS 12.110(4)
- Death: Wrongful death victims can file a claim 3-years against liable parties.
- Government Entities: You have 180 days/6 months to file a claim against government entities.
So, do not wait; contact our Salem medical malpractice lawyers today. The sooner you begin an action, the sooner you will get justice.
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Get a Free Consultation From a Salem Medical Malpractice Attorney Today
With over 20 years of experience, the attorneys at Goldberg & Loren have a proven track record of success in handling malpractice cases.
The following are some of the ways we will help you:
- Our medical malpractice lawyers have access to a network of medical experts who can provide valuable insight and testimony
- Our medical malpractice attorneys have the expertise to navigate the legal process
- We will provide compassionate and personalized representation to every client
- We are well-versed in the complex laws and regulations surrounding medical malpractice
- Our legal team will work tirelessly to secure full and fair compensation for our clients
If you have a medical malpractice claim, our expert attorneys have the knowledge and expertise to navigate the complexities of these cases.
Contact the Salem medical malpractice attorneys at Goldberg & Loren today to schedule a free consultation.
Frequently Asked Questions
In cases of medical malpractice, reaching a settlement without going to trial is a common outcome. Many medical malpractice cases are resolved through negotiations and settlements between the parties involved, avoiding the need for a lengthy trial. Your medical malpractice attorney will work to negotiate the best possible settlement on your behalf.
If a fair settlement cannot be reached, the case may proceed to trial. The decision to settle or go to trial depends on various factors, including the strength of the case, potential damages, and the willingness to negotiate from both sides.
In Salem, Oregon, the Statute of Limitations for filing a medical malpractice lawsuit is 2 years. Once the Statute of Limitations expires, the opportunity to file a lawsuit is generally lost.
The first step is to document everything related to your concerns. This includes keeping records of your medical treatment, appointments, and any relevant communications with your healthcare provider. Then, get a second opinion from a different medical professional to verify and understand your situation further.
Consult with an experienced medical malpractice attorney who can evaluate your case and guide you on the appropriate steps to take, as well as provide legal advice on the viability of your potential claim.
Sources:
[1] Wallace, C. (n.d.). Medical malpractice reports by state in 2022. https://www.beckersasc.com/asc-news/medical-malpractice-reports-by-state-in-2022.html
[2] Schloemann, M. (2021, August 12). Oregon State Medical Malpractice Insurance Info | MEDPLI. MEDPLI Professional Liability Insurance. https://medpli.com/oregon-medical-malpractice-requirements-insurance-rates-and-insurance-payout-data/
We Represent Medical Malpractice Victims in the Following Cities and Communities Near Salem, Oregon:
- Keizer, OR
- Hayesville, OR
- Dallas, OR
- Tigard, OR
- Woodburn, OR
- Albany, OR
- Newberg, OR
- West Linn, OR
- Canby, OR
- Wilsonville, OR
- Corvallis, OR
- Lebanon, OR
- Sherwood, OR
- Tualatin, OR
