Portland Medical Malpractice Lawyer
Medical mistakes can lead to significant disabilities and setbacks for victims. Unfortunately, medical malpractice claims can be incredibly challenging, particularly when going up against insurance carriers or medical agencies with deep pockets. At Paulson Coletti Trial Attorneys PC, we are here to help if you need a Portland medical malpractice lawyer by your side. Our team will fully investigate every aspect of your claim, work closely with trusted medical professionals, and help you recover the compensation you need.
Portland Medical Malpractice Resources
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Why Choose Our Medical Malpractice Lawyers?
What Constitutes Medical Negligence?
How Long do I Have to File a Lawsuit?
What Evidence can be Used to Prove Medical Negligence?
Who is Liable in a Medical Malpractice Case?
We’re Here to Help
Additional Useful Information
Negligence by Act or Omission
Adverse Event vs. Medical Malpractice
Common Types of Medical Malpractice Claims
Affording a Medical Malpractice Lawyer
Call an Attorney
Medical Malpractice Attorneys with 100+ Years of Collective Experience
Paulson Coletti Trial Attorneys PC was named to the list of “Best Law Firms” by U.S. News in the practice area of medical malpractice law – plaintiffs. Attorney Chuck Paulson was also honored with the designation of Best Lawyers in America’s “Lawyer of the Year” in 2014 for medical malpractice. Jane Paulson and Chuck Paulson have been listed in Best Lawyers in America for Medical Malpractice for years. At Paulson Coletti Trial Attorneys PC, we know medical malpractice and are confident in our ability to secure results.
- When you turn to Paulson Coletti Trial Attorneys PC, you will have a team of trial attorneys with extensive experience handling complex medical malpractice claims.
- We have no problem taking your case all the way to trial, especially if the medical provider, agency, or insurance carriers refuse to offer a fair settlement.
- We believe that “liberty and justice for all” is a mandate, and we take this to heart with each and every case that we handle.
What Constitutes Medical Negligence?
Medical negligence can be hard to define, as the standard that we use will look different than it does for typical personal injury claim negligence. When examining medical negligence, we have to look at the legal term “medical standard of care,” which we want to define before we look at the elements of negligence related to these claims.
Briefly explained, the medical standard of care revolves around looking at the facts of the current case and examining how a theoretical similarly trained medical professional in a similar type of environment would have reacted in a similar situation. That was a lot of the word “similar,” but it is important to understand that this is what a medical malpractice claim will hinge on. Now, let’s look at how this would apply to the four elements of negligence:
- Duty. The first step is establishing that there was a doctor-patient relationship between the provider and the malpractice victim. Typically, anytime a medical professional accepts the person as a patient and renders treatment, this establishes the necessary relationship. This means that the medical provider must provide an adequate standard of care to the patient.
- Breach. It must then be shown that the medical provider somehow breached their duty of care. In these cases, courts will examine whether or not the medical standard of care was violated.
- Causation. If there was indeed a breach of duty of care, it will then need to be shown that the breach directly caused the patient’s injury or illness.
- Damages. Finally, it needs to be shown that the patient suffered some sort of monetary loss as a result of the alleged malpractice.
How Much Time do I Have to File a Lawsuit?
There are a few things that you need to be aware of when it comes to deadlines for filing medical malpractice claims in Oregon. First, we can look at the overall basic medical malpractice statute of limitations in this state. Most medical malpractice lawsuits must be filed within two years from the date the injury or illness is first discovered or from when the injury or illness reasonably should have been discovered. In other words, the lawsuit needs to be filed within two years from when the medical malpractice occurred or from when a person realized that medical malpractice caused their injury or illness. Failing to file a claim within this time frame will result in the malpractice victim becoming unable to recover compensation for their losses.
However, there are some exceptions to this medical malpractice statute of limitation. There is an overall statute of repose in place for Oregon medical malpractice claims of five years from the date the medical malpractice occurred. This means that regardless of when a person discovers that medical malpractice happened, the claim must be filed within five years, or they will be unable to pursue the case.
There are exceptions to this broader 5-year deadline, including if the defendant used fraud, deceit, or misleading representation to cover up the medical malpractice. In these situations, the typical two-year deadline will start ticking when the fraud or deceit is discovered, and there will not be an overall five-year deadline.
Lastly, if the medical malpractice victim is under the age of 18 or has some sort of disabling mental condition that prevents them from comprehending their rights at the time the malpractice occurred, the statute of limitations will be paused for up to five years or from one year after the person turns 18 or one year after their mental disability ends, whichever timeframe expires first.
What Evidence can be Used to Prove Medical Negligence?
There are various types of evidence that could be used to prove that medical malpractice has occurred. We want to preface this by saying that proving medical malpractice is challenging due to the level of expertise required to examine the evidence and then provide testimony to insurance carriers or personal injury juries.
First and foremost, an attorney working with a medical malpractice victim will want to enlist assistance from trusted medical professionals who can examine all the medical records as well as the patient. A qualified medical professional will have to provide testimony explaining why they believe medical malpractice has occurred. Any expert medical witness will need to have experience in the particular field related to the malpractice that has occurred.
Not only will medical records related to the error be examined, but so will a person’s medical records related to the treatment that they have to undergo to fix the error or to treat a chronic condition caused by the error.
Who is Liable in a Medical Malpractice Case?
There may be various parties that could be held liable after a medical error occurs. This includes, but is not limited to, the following:
The Medical Provider
The first individual(s) examined for liability after a medical malpractice claim will be the provider in question. It is important to remember that it is not just doctors or surgeons who could be held responsible for medical malpractice. Other medical professionals can also be held liable, including nurses, physician assistants, chiropractors, optometrists, physical therapists, dentists, pharmacists, pharmacy technicians, and more.
The Medical Agency or Hospital
Aside from the medical provider, there are certainly other parties that could be held liable. If the medical provider works directly for a hospital or health care providing agency, then that other entity may also hold liability for the actions of their employee. This theory of vicarious liability will be reinforced if the agency or hospital had knowledge that the medical provider in question was unsafe. This could be established by looking at previous complaints or mistakes that the medical provider has made and whether or not the agency took steps to remedy the situation.
However, not every hospital or medical providing agency will be held liable for the actions of those who work under their roof. In many cases, doctors or other medical professionals are not direct employees of the agency, in which case, their liability may be limited.
Medical malpractice claims involve several elements that should be carefully evaluated by an experienced attorney.
Every year, hundreds of Americans are killed because of the negligence of the medical professionals with whom they entrust their health and wellness. At Paulson Coletti Trial Attorneys PC, we are passionate about fighting for justice on behalf of these individuals. We stand up for our clients, hear their stories, protect their rights, and fight for them.
It is in your best interest to speak with a Portland medical malpractice attorney at our firm if this has happened to you. You can discuss your case with our team, learn your legal options, and take steps toward action. Our lawyers have more than a century of combined experience. We understand medical malpractice laws and can provide you with strong counsel and professional advocacy. If you are a veteran who has suffered misdiagnosis or injury at the hands of a negligent medical professional at a VA hospital, we can help you as well. Our Portland VA medical malpractice attorney is prepared to fight for a fair resolution to your case.
Our Portland Medical Malpractice Lawyers Are Here to Help You
Over the course of our practice, we have recovered millions of dollars for victims of medical negligence, including:
- $9 million dollar settlement for delay in diagnosing sepsis during pregnancy resulting in amputations.
- $7.8 million dollar settlement for medical malpractice for failing to diagnose a heart defect in a teenager.
- Doe Client v. Providence Health & Services et al – $3.720 million dollar verdict for a delay in diagnosing a stroke.
- $4 million dollar settlement for failing to timely order imaging studies and diagnosing a spinal abscess resulting in complete paraplegia from the waist down.
- $3.998 million dollar settlement for a delay in diagnosing cervical cancer, which resulted in her death.
- $3.5 million settlement in a birth injury lawsuit in Portland
- $1.4 million jury verdict for a victim of failure to diagnose
- $1.3 million settlement for the victim of anesthesiology error
Wondering if you have a medical malpractice claim? We are proud to represent clients in Portland and throughout Oregon who have been harmed by negligent healthcare professionals. Our goal is to secure the most favorable result possible for cases we truly believe in.
Medical malpractice claims involve a substantial commitment of time, money, and emotion, which is why we only take on cases of merit we believe we can win. To learn if your case qualifies, request a free case evaluation today.
More Information About Medical Malpractice
The information provided below is for information only and should not be taken as legal advice. Medical malpractice claims are extremely complex, typically involving several elements that should be extensively evaluated by an attorney familiar with these types of claims.
Negligence by Act or Omission
Medical malpractice claims allege professional negligence by either act or omission. This means that some medical malpractice claims originate from a mistaken action while others originate out of a healthcare professional’s failure to do what they were supposed to do.
Take, for example, a surgical error compared to a failure to diagnose. With the former, the surgeon actively makes a mistake during surgery that causes injury or death to the patient. With the latter, the doctor is making a mistake by omission in failing to diagnose a condition.
Adverse Event vs. Medical Malpractice
There are many different types of medical malpractice claims, but what they all have in common is that they accuse the healthcare professional of failing to provide treatment at the accepted standard of care, which results in injury or death to the patient.
This is different from an adverse event. Every procedure carries a certain degree of risk. When a procedure goes south or a doctor delays making an accurate diagnosis, it may not be grounds for a medical malpractice claim. This goes back to the accepted standard of care criteria. A doctor may perform a heart surgery to the best of his or her ability and at the accepted medical standard and it still may go poorly. Only an experienced medical malpractice attorney can evaluate your situation to determine if medical negligence was a factor.
Common Types of Medical Malpractice Claims
Below are examples of common types of medical malpractice claims and is not an exhaustive list.
- Wrong Site Surgery – Performing the right procedure on the wrong body part
- Failure to Diagnose – Failing to diagnose a patient’s disease or condition
- Misdiagnosis – Making an incorrect or incomplete diagnosis of a patient’s condition, including misdiagnosis of breast cancer
- Surgical Instruments – Leaving surgical instruments inside the body cavity after the procedure is over
- Anesthesia Errors – Patient experiences harm as a result of an error in administering anesthesia, such as too much or too little anesthesia
- Hospital Acquired Infections – Unsanitary conditions that result in patient infection (ex. staph infections)
Affording a Medical Malpractice Lawyer in Portland
Individuals who experience an injury or illness caused by the negligence of a medical professional in Oregon often wonder whether or not they will be able to afford an attorney to help with their case. The answer is, yes, they can afford a lawyer. At Paulson Coletti Trial Attorneys PC, we handle Portland medical malpractice claims on a contingency fee basis. This means that clients never have to worry about up-front or out-of-pocket costs related to their case, and they will only have to pay legal fees after we successfully recover the compensation they are entitled to. If we do not win the case, then the client will pay zero legal fees.
Call a Portland Medical Malpractice Lawyer Immediately
If you or somebody you love has been injured due to the careless or negligent actions of a medical professional in the Portland area, reach out to an attorney immediately. At Paulson Coletti Trial Attorneys PC, we have extensive experience handling complex medical mistakes cases, and we know what it takes to help clients recover compensation for their losses. We will not hesitate to take your claim to trial if needed. When you need a Portland medical malpractice lawyer, call our Portland personal injury attorneys at (503) 226-6361 for a free case review.