How to File a Medical Malpractice Claim Against a Doctor

Posted on April 23, 2025 writen by Jane Paulson in Medical Malpractice

Experiencing an injury due to a medical practitioner’s mistake can be quite burdensome and confusing when it comes to determining the next course of action. A lot of faith is given to a medical professional with regard to your health, and now you are left to cope with the consequences of their negligence which is usually stressful and sometimes life-changing. Making a medical malpractice claim may look like an overwhelming task, but breaking down the process makes it easier to handle.

If you’re in Portland and considering how to file a medical malpractice claim, it’s important to have the proper guidance and support. At Paulson Coletti Trial Attorneys PC, we guide clients through every step; whether your case settles in mediation or goes to trial, here’s what to expect along the way.

Filing a Medical Malpractice Lawsuit in Portland with Paulson Coletti

Paulson Coletti Trial Attorneys PC helps individuals in Portland who have been harmed by medical negligence. This may involve a misdiagnosis, a surgical error, or care that didn’t meet acceptable medical standards. Our team works directly with clients to help them pursue justice and financial recovery.

In Oregon, medical malpractice cases must meet specific legal requirements to proceed. To successfully bring a claim, you need to demonstrate three key elements: 

• A provider failed to meet the accepted standard of care: This means the healthcare professional did not act as a reasonably competent provider would under similar circumstances, leading to negligence. 
• That failure directly caused your injury: You must prove that the provider’s actions, or lack of action, were the direct cause of your injury, not some unrelated factor. 
• You suffered measurable damages as a result: This includes physical, emotional, or financial harm, such as medical expenses, lost wages, or pain and suffering directly caused by the malpractice. 

These elements must be supported by evidence, often requiring expert testimony to establish the standard of care and connect the negligence to your injury.

Facts About Medical Malpractice in Portland:

• Statute of Limitations: Oregon law (ORS 12.110) requires filing claims within two years of discovering the injury, with a five-year statute of ultimate repose.
• Standard of Proof: You must prove the healthcare provider deviated from the accepted standard of care in similar circumstances, causing your injury.

What Steps Are Required in a Portland Medical Malpractice Case?

Filing a lawsuit can feel daunting, but here’s a general breakdown of the process:

1. Consultation & Case Review

After reaching out, an attorney will review your case to understand what went wrong and whether malpractice likely occurred. You’ll need to show both negligence and damages, financial, physical, or emotional.

2. Filing the Complaint

If your case moves forward, your attorney will file a legal complaint with the court, outlining the facts, what went wrong, and what you’re seeking in compensation.

3. Notifying the Other Side

Next, the defendant (which may be a doctor, hospital, or both) will be formally notified of the lawsuit.

4. Their Response

The provider’s legal team will typically deny wrongdoing and may claim your injuries came from another cause.

5. Discovery

Both parties exchange evidence, testimony, and information supporting their arguments during the discovery phase. Evidence can include:

• Detailed medical records that outline your injuries, treatments, and recovery process. 
• Comprehensive expert medical testimonials to support your case and provide professional opinions on the extent of your injuries. 
• Thorough documentation of your economic losses, including medical bills, receipts, lost wages, and any other financial impacts related to the incident.

6. Mandatory Mediation

Before trial, both sides are usually required to attempt mediation, a meeting with a neutral party who helps negotiate a settlement. It’s not always successful, but it can be a faster and less stressful alternative to trial.

7. Trial

If a resolution isn’t reached, the case goes to trial. A judge or jury will hear the evidence and decide whether the provider was negligent and what compensation you should receive.

Get Help From a Portland Medical Malpractice Attorney Today

Understanding how to file a medical malpractice claim is the first step toward holding a negligent provider accountable. Oregon’s deadlines are strict, and waiting too long can weaken your case or eliminate your right to pursue compensation. Acting quickly allows Paulson Coletti Trial Attorneys PC to gather vital records, build a clear narrative, and protect your interests from day one. Every case is personal, and starting early helps ensure your story is fully heard.

Call Paulson Coletti Trial Attorneys PC at 503-682-8721 or reach out online to schedule your free consultation today. Take your first step towards justice.