Have you ever wondered how a medical malpractice claim worked and how to
file? Were you injured because of a negligent doctor and now you need
to take legal action? At Paulson Coletti, we believe that individuals
who have been injured as a result of medical negligence should be able
to hold the medical professional or facility accountable for any damages
sustained. Our Portland medical malpractice attorneys are dedicated to
making sure your rights are protected in a medical malpractice claim.
Understanding What Constitutes as Medical Malpractice
Before someone can take action to file a medical malpractice claim, they
must understand what exactly constitutes as negligence. This means knowing
what actions must take place that can cause serious injury to a patient.
Medical malpractice claims can arise from a number of circumstances and
from a number of liable parties.
Medical malpractice claims often involve situations such as:
- Surgery performed on the wrong person
- Surgery performed on the wrong body part
- Foreign objects left inside a patient
- Anesthesia errors
- Medication errors
- Missed diagnosis or misdiagnosis
Who is Liable?
When bringing forth a medical malpractice claim, you must know who the
responsible party is and against whom you can take legal action. This
all depends on the situation as a number of parties may be liable, including
the doctor or physician, anesthesiologists, or even people who were not
directly involved with the patient. In situations where the facility owners
may be held accountable, it may be because the doctor wasn’t properly
vetted before hiring. Perhaps the hospital hired a doctor who faked credentials
or who has been disciplined in the past. This could leave the hospital
vulnerable for a lawsuit.
The Burden of Proof
In order to successfully file a
medical malpractice claim, the patient has the burden of proof to show that the injuries or
damages they sustained were a direct result of negligence on behalf of
the medical professional. In anesthesia error cases, the patient may have
to prove that the anesthesiologist either administered too much anesthesia,
failed to look for allergies, or didn’t supply enough anesthesia
and injury ensued.
If you or someone you love was injured or harmed as a result of medical
negligence, you deserve to know what your rights are and how to file a
claim. Our firm stands by the side of injury victims who need help resolving
the serious issues concerning medical malpractice claims. We know what
needs to be shown and how to help our clients win.
Call us today to discuss your potential claim with our firm.