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Medical Malpractice

Prostate Cancer Misdiagnosis

Prostate cancer is one of the most common cancers among men, with early detection playing a critical role in successful treatment. When caught in its early stages, prostate cancer is often highly treatable, but a delayed or missed diagnosis can lead to the disease becoming more advanced with limited treatment options. The consequences of medical malpractice or prostate cancer misdiagnosis can be life-altering, resulting in prolonged suffering, more aggressive treatments, or worse outcomes.

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Common Symptoms of Prostate Cancer

Prostate cancer often presents with symptoms that can initially seem mild or unrelated to a serious condition. Common signs include frequent urination, particularly at night, difficulty starting or stopping urination, and a weak or interrupted urine flow, per the Mayo Clinic. Some men may also notice blood in their urine or semen, persistent pelvic discomfort, or pain during ejaculation.

These symptoms are frequently mistaken for less severe conditions, such as urinary tract infections (UTIs), benign prostatic hyperplasia (BPH), or normal aging-related changes. This misinterpretation can delay diagnosis, which can allow the cancer to progress to more advanced stages.

Diagnosing Prostate Cancer

Diagnosing prostate cancer typically involves a combination of tests, including prostate-specific antigen (PSA) testing, biopsies, and imaging studies, according to the National Library of Medicine. PSA tests measure the levels of a protein produced by the prostate gland, which can indicate cancer when elevated. Biopsies and imaging, such as MRIs or CT scans, are used to confirm the presence of cancer and assess its progression. Some of the most common diagnostic errors our clients have been forced to contend with include:

  • Misinterpretation of PSA test results.
  • Failure to recommend or perform biopsies.
  • Overlooking imaging results that indicate abnormalities.
“At Paulson Coletti, ‘liberty and justice for all’ is more than just a phrase – it is our mandate. Our team of trial lawyers is driven to pursue justice for the injured, ensuring that the responsible parties are held accountable. Whether your case settles or goes to trial, you can trust our Oregon personal injury lawyers to be the legal advocates you need so your voice can be heard.”
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How Prostate Cancer Misdiagnoses Happen

Prostate cancer misdiagnoses often occur due to medical negligence, flawed testing processes, or a lack of follow-up care. When healthcare providers fail to identify risk factors or properly interpret test results, they delay critical diagnoses and treatments.

These errors can lead to advanced cancer progression, more aggressive treatments, and significantly poorer outcomes for patients. Fortunately, you may have grounds for legal action against those responsible when you pursue a personal injury claim in civil court.

Delayed or Missed Screenings

Delayed or missed screenings are one of the most common reasons for prostate cancer misdiagnoses. Many cases begin with a failure to recommend PSA testing for patients with known risk factors, such as a family history of prostate cancer or being over the age of 50. Doctors may also fail to follow up on abnormal screening results.

“Most cases settle, but each of our cases is prepared as if it’s going to trial. The insurance companies know it and so do the defense lawyers defending them. That’s why we get such great results for our clients.”
John ColettiPartner

Misinterpretation of Test Results

The misinterpretation of test results is another significant factor in prostate cancer misdiagnoses. False negatives in PSA tests or improper analysis of biopsy samples can lead to missed or incorrect diagnoses. According to a 2023 report by the National Cancer Institute, an estimated 10% of prostate cancer cases are initially undiagnosed due to errors in testing or interpretation.

Failure to Refer to Specialists

General practitioners play a critical role in recognizing when symptoms or test results warrant further investigation by a specialist. However, some fail to refer patients to urologists or oncologists when warning signs, such as elevated PSA levels or persistent urinary issues, are present.

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Contact a High-Powered Medical Malpractice Attorney for Help Today

When a misdiagnosis of prostate cancer has delayed your treatment or worsened your condition, you deserve a powerful representative to advocate for your right to maximum compensation. Your trial-tested Portland medical malpractice lawyer at Paulson Coletti Trial Attorneys PC will evaluate the individual details of your case to determine what your next steps should be. Contact us by calling our office or completing our convenient contact form to schedule your free consultation today.

FAQs

When Should I Hire a Medical Malpractice Lawyer?

If you have undergone a medical procedure or experienced medical care with significant unexpected outcomes to your health, then it is critical to consider whether medical negligence contributed to your worsening or unintended consequence. Healthcare providers in Oregon must make crucial choices using established guidelines for their field of practice. Failing to act within these guidelines or outside of the standards other practitioners in their field follow may indicate medical malpractice.

Recognizing these standard deviations in care is challenging for the average person who does not have a medical background. Any time your healthcare results in concerns for your well-being, it is vital to discuss your situation with an experienced Portland medical malpractice attorney to determine if the care of a medical provider resulted in your injuries. Paulson Coletti Trial Attorneys PC can help you determine if medical negligence caused your damages and the steps to take toward recovery.

Are My Injuries the Result of Medical Malpractice?

The hope is that medical treatment will improve the conditions impacting our health or that a preventive screening will lead to an early diagnosis and treatment of an illness. Unfortunately, you may suffer harm from a preventable error. However, not every undesired outcome is the result of medical negligence.

When to Contact a Portland Medical Malpractice Attorney

The National Library of Medicine has noted in a study concerning medical error reduction and prevention that medical errors in the United States are the third leading cause of death. It has been determined that medical errors occur in approximately 400,000 hospitalized patients alone annually. Speak with a medical malpractice lawyer in Portland immediately if you experience the following healthcare situations.

Misdiagnosis or Delayed Diagnosis

A correct diagnosis can lead to medical intervention, preventing the spread of disease and treatment for health issues. When an illness or disease is missed or is identified incorrectly, the outcome may be fatal. When misdiagnosis or delayed diagnosis occurs due to carelessness, improper training, or any other factor, contacting a Pacific Northwest medical malpractice lawyer is critical to compensation.

Financial recovery will not remove the tremendous setbacks or health challenges. Still, it will compensate you for the damages you experience, allow you to seek qualified medical care, and be compensated for the unnecessary pain and suffering you experience. Discuss a failure to diagnose with a member of our team today.

Birth Injuries

Medical mistakes during birth may lead to permanent disabilities for a child. These mistakes may also impact the health of the delivering parent. Recent data from the Centers for Disease Control and Prevention (CDC) indicate that over 1200 annual maternal deaths occurred during childbirth. These numbers do not indicate the number of injuries.

Birthing injuries in newborns may also lead to the following health complications:

  • Intracranial hemorrhages
  • Spinal cord injuries
  • Diastatic skull fracture
  • Caput Succedaneum
  • Cerebral Palsy

Birth injuries can be challenging to identify. Keeping a newborn’s follow-up care appointments will allow your child to be monitored more closely for concerns. Any health concerns for a newborn resulting from medical care at birth demand the attention of a Portland birth injury attorney to discover if medical malpractice contributed to your child’s injuries.

Surgical Errors

The following surgical errors may be the result of medical negligence:

  • Operating on the wrong body part
  • Leaving instrumentation in the body
  • Improperly sterilized equipment

Numerous errors may result in damages during a surgical procedure in Portland. Determining liability is critical to your compensation. A medical malpractice attorney with knowledge and experience of surgical errors in Portland can examine documentation and seek to identify complex surgical mistakes.

Medication Errors

According to the National Library of Medicine, the most avoidable and frequent cause of patient harm is medication dispensing error. Medication errors in hospital settings impact approximately 6.5 patients per 100. Medication errors may lead to:

  • Adverse reactions
  • Adverse drug events
  • Sentinel events

If you have received the wrong medication, were not given a necessary prescription, or received the wrong dosage, then a Portland prescription medication error may be classified as medical malpractice. Prescription errors may result from negligence by a prescribing physician, pharmacist, pharmacy technician, or nurse responsible for administering a medication during hospital admittance.

Is it Difficult to Prove Medical Malpractice in Portland?

A Portland medical malpractice attorney must be able to prove all four elements of negligence, outlined on our Portland medical malpractice page, for a medical malpractice case to exist. We prove these elements of negligence by gathering critical documentation about the damages you have suffered. Contacting a medical malpractice lawyer in Portland when you have significant concerns about the care you receive allows us to begin building a case to negotiate a settlement or present your case in court.

Because of the challenges of proving medical malpractice and our dedication to each case, we only take cases involving significant injuries we are confident in representing. Our case results demonstrate our ability to represent deserving clients and secure compensation successfully.

Why Should I Hire a Portland Medical Malpractice Attorney?

The incidents of medical malpractice discussed above are only a few of the many examples of medical malpractice in the Pacific Northwest. In addition to determining if your damages result from negligence and assisting with the collection of evidence, Paulson Coletti Trial Attorneys PC will meet legal deadlines that apply to filing any action related to your case.

Performing these vital legal services allows you to focus on personal responsibilities and recovery while we navigate legal complexities for you. We are familiar with attempts by insurance companies to minimize settlements in medical malpractice claims, and are effective in negotiating fair settlements. The support we provide for our clients is evident in the following testimonials.

How Do I Contact a Medical Malpractice Attorney in Portland?

Paulson Coletti Trial Attorneys PC offers a free case evaluation when you complete our online form. We serve severely injured clients in Portland and the Pacific Northwest. The discovery of your damages may have been delayed. We will provide an assessment by applying any legal timelines to determine your options for pursuing compensation.

Can Medical Malpractice Occur in Telemedicine?

Medical malpractice occurs when a medical professional does not provide the standard level of care to patients as other providers would provide, and that leads to a patient’s injury or other losses. Telemedicine, which is a type of virtual level of care, still creates the same relationship between the patient and the doctor. The patient must be able to trust that their doctor is going to follow the same standards of care for them.

Medical malpractice can occur in telemedicine. Typically, a medical professional may be held responsible for the losses a person suffers during their telehealth visit or due to the negligent acts or omissions of that provider. This may occur for various reasons, including misdiagnosis or even technology-based issues.

Telehealth and telemedicine are tools that many doctors and hospitals are using to support the need to meet more patients where they are. For many, it is a beneficial method for getting valuable care when they need it. Yet, there are risks to it that can put people and their lives on the line if a provider makes key mistakes in this very different environment. A Portland medical malpractice lawyer at Paulson Coletti Trial Attorneys PC, can help your case.

How Medical Malpractice Occurs in Telehealth

Medical malpractice is an open-ended term. Numerous injuries and losses can be attributed to the mistakes doctors make. Proving medical malpractice means showing that the provider did not do what others would have. Here are some examples of how this may occur in a telehealth setting:

  • Misdiagnosis: If a patient does not receive the right diagnosis for their condition, and there is ample evidence that the doctor should have diagnosed the patient with the condition or sought additional information, that could warrant medical malpractice.
  • Data security: There is also the risk of patient information that is leaked or accessed by parties that should not have it. The key here is that software being used for telehealth must be maintained to ensure it is safe for all parties to use.
  • Providing the wrong care: Mistakes can also happen when the doctor provides inappropriate treatment or testing. For example, if the doctor does not provide the right medication or fails to determine if a patient is allergic to a medication, that can lead to a risk.

Proving Medical Malpractice Is Difficult

In these situations, it becomes critical for the doctor and the patient to be able to communicate in a seamless, easy manner. That means that there must be technology in place that is secure and private. There is also the need to ensure that patient data is stored properly and maintained under the requirements of the law. Technology may need to be updated to ensure proper clarity in visuals and in audio.

Telehealth is not an automatic type of medical malpractice. If you sought care in this format, and the doctor failed to make the standards of care expected, and that led to your losses, then you may be able to seek compensation for your losses. However, you have to show that some error occurred that led to this. Contact the attorneys at Paulson Coletti Trial Attorneys, PC for assistance today.

How Can I Find a Doctor’s Existing Malpractice Claims?

Seeing a new physician can be a vulnerable experience. You must trust a stranger to listen to your concerns and complaints sincerely and without judgment. We know all licensed physicians undergo rigorous training and continuing education requirements to stay current, but how can you identify if your new physician has had previous malpractice claims?

This may be helpful in both ensuring you proactively receive appropriate care and investigating concerns you may have. If you have concerns about your care, the experience our Portland medical malpractice law firm brings to the table can make reaching a fair and appropriate settlement amount far easier than trying to navigate the process alone.

Accessing Malpractice Information About Your Physician

Oregon makes it very simple to access any malpractice or disciplinary history about your physician and their license. You can access the Oregon Medical Board database and go to the malpractice claim information.

From here, you will select the malpractice claim search by license option. This page will allow you to search for information about your physician with their location, name, or license number. Once you have determined your search parameters, the database will show you a list of licenses that match those criteria. Once you select the physician you are looking for, it may show you some of the following information:

  • License number
  • Original issue date
  • Current status
  • Expiration date
  • Educational history
  • Board actions
  • Malpractice

If you are curious about a history of complaints or malpractice, you will find that information in the board actions or malpractice sections. This information should be kept in the context in which we find it. A complaint may have been filed, resulting in an investigation that revealed it to be unfounded. Therefore, the OMB did not take disciplinary action.

What Does a Malpractice Claim Mean?

Something to understand about a malpractice claim is that it can be made and even settled without fault being attributed to the physician. The Oregon Medical Board (OMB) states that there are many reasons a physician may choose to settle a claim without going to court, which does not necessarily mean they were negligent in their medical practice. A malpractice claim simply means that someone feels they have grounds to file a claim, not that the claim was valid. However, once reported to the OMB, it may be reflected in their licensure.

Malpractice Concerns

The complainant fills out an Oregon Malpractice Claim Report Form on the Oregon Medical Board website to file a claim. The form asks you to provide information about the complaint and indicate if you have begun proceedings in civil court. If you have already retained representation and taken your case to civil court, the complaint to the board may have already been filed on your behalf.

If you have concerns regarding your care and see that your physician has already received complaints or disciplinary action for similar behavior, it may be a good idea to contact us at Paulson Coletti Trial Attorneys and seek legal consultation.

What Are Grounds for Discipline by the Oregon Medical Board?

Licensed medical professionals are accountable to the governing body of their license. This body manages the quality, education, and discipline of those licensed under that body. This oversight is particularly important today when patients frequently feel dismissed or not heard by their care team.

Sometimes, we may be unsure of what a professional or ethical violation is, particularly compared to poor customer service. If a physician or medical provider’s mistake has caused you unnecessary injury, speaking with a Portland medical malpractice attorney with Paulson Coletti Trial Attorneys may be the right move.

Oregon Medical Board

The Oregon Medical Board (OMB) can handle complaints and determine discipline regarding physicians for whom they license. So, the first step in determining if your situation may be grounds for discipline is to ensure the physician holds a license through the OMB. This information can be found under licensing on the OMB website.

The professional licenses that the OMB oversees include:

  • Medical Doctors (MD)
  • Doctor of Osteopathic Medicine (DO)
  • Doctor of Podiatric Medicine (DPM)
  • Physician Assistant (PA)
  • Acupuncturist(LAc)

The OMB reports that they receive around 800 complaints per year. Regarding investigations, they complete about 400 of them per year. Any complaints not investigated may be due to being outside of their jurisdiction, or the complaint may be for something unrelated to ethical practice and licensure.

Submitting a Complaint

The OMB requires a written complaint form to be submitted. After you complete the form, it should be mailed to the Oregon Medical Board at 1500 SW 1st Ave, Suite 620, Portland, Oregon 97201. You may also provide a detailed written letter explaining your grievance.

Some of the information requested is:

  • You name information and the provider’s name and information
  • The dates you saw the provider
  • The details of your complaint
  • Stating if other action has been taken
  • Reporting if any other providers have been involved

Grounds for License Suspension or Revocation

The Oregon Medical Board website tells us that there are 27 reasons that a professional medical license in Oregon may be withheld, suspended, or revoked. According to 677.190 of the Oregon code, those reasons are as follows:

  1. Unprofessional or dishonorable conduct. This may include having dual or sexual relationships with clients.
  2. May not employ someone to solicit patients for the licensee, with the exception of professional associations or insurance contracts
  3. Telling a patient that you can cure an illness that the general medical community designates as incurable
  4. Taking payment by fraud or misrepresentation
  5. Willfully or negligently sharing patient information without expressed consent.
  6. Convicted of a crime punishable by incarceration unless the conviction was for providing reproductive or gender-affirming care that is lawful in Oregon and the services were performed in accordance with standard of care practices
  7. Impairment
  8. Fraud or misrepresentation in obtaining your license
  9. Making knowingly false or misleading statements about the skill, quality, or efficacy of a treatment
  10. Impersonating another licensee or allowing someone else to use your license
  11. Knowingly aiding or abetting the practice of medicine or podiatry by someone who is unlicensed.
  12. Using your name under the professional designation (i.e., doctor/ Dr.) to mislead the public
  13. Gross or repeated negligence while practicing medicine or podiatry
  14. Incapacity to practice medicine or podiatry
  15. Disciplinary action taken by another state, except in the context of providing reproductive or gender-affirming care in accordance with medical standards
  16. Failing to designate the degree appearing on the license in accordance with requirements
  17. Willfully violating any part of the chapter or OMB requests
  18. Failing to report the change in the location of practice for the license
  19. Imprisonment
  20. Making a fraudulent claim
  21. Performing psychosurgery
  22. Refusing a request for an informal interview at the OMB request
  23. Violation of the Federal Controlled Substance Act
  24. Prescribing a controlled substance without a legitimate purpose
  25. Providing written documentation for debilitating illness that you have not observed and diagnosed
  26. Failing to report to the OMB any other action taken against another governing licensing agency.
  27. Failure to report resignation from a healthcare facility during an investigation

The majority of causes for discipline are ethical problems like misleading patients or fraud in documentation or billing. However, many lawsuits surround complaints about negligence or gross negligence. Cornell Law School defines gross negligence as a lack of care that demonstrates reckless disregard for the safety of others. This is negligence that is so extreme that it shows an almost intentional disinterest in the safety of others. Gross negligence is a more severe version of negligence, almost bordering on intentional.

Examples of Negligence

Frequently, cases of ongoing negligence or an act of gross negligence will result in a complaint to the OMB and a malpractice lawsuit. Examples of malpractice can include things like operating on the wrong side of the body or leaving instruments inside someone during surgery, which can lead to further complications.

Misdiagnoses are another common complaint. For example, suppose you went to the emergency room with abdominal pain, and the physician determined it was gas when any other reasonable physician would have taken steps to see it was a bowel obstruction. This condition is life-threatening and, if left untreated, may lead to permanent disability or become a Portland wrongful death lawsuit.

Other examples of negligence or malpractice may be delayed diagnoses. This can result in catastrophic injury in some cases. While some diagnoses will take time, it becomes negligent when any other competent physician would have appropriately diagnosed the condition.

Determining How to Proceed

Not all malpractice settlements will result in disciplinary action from the board so when in doubt, submit your complaint. If it does not meet the criteria of an ethical or code violation, the board will screen it out, and no harm will result. However, if you have a valid reason for filing a complaint, you deserve to see it through, and in many cases, you may be entitled to compensation with help from an experienced medical malpractice firm.

When is an Oregon Doctor’s License Revoked?

Quality medical care is essential for diagnosing, treating, and preventing illness. Medical negligence may impact your health, leading to unnecessary medical costs, additional care, permanent injury, and, in worst-case scenarios, affecting the longevity of your life. Contact a medical malpractice attorney in Portland with Paulson Coletti Trial Attorneys PC to discuss possible legal action against a medical doctor or facility whose case impacted your health negatively.

Reasons for Revoking a Medical Doctor’s License in Oregon

Oregon laws state the grounds for revoking a medical license or certification (ORS §677.190). This law provides 27 grounds for disciplining or denying a medical license. While some actions by a doctor may not immediately negatively impact your health, the Oregon Medical Board may revoke a license for any of the following reasons:

  • Dishonorable or unprofessional conduct, including sexual misconduct with a patient
  • Employing a person to solicit patients except for listed organizations
  • Implying that a patient’s incurable condition is curable
  • Using fraud or misrepresentation to obtain fees
  • Divulging professional secrets without a patient’s written consent, either negligently or willfully
  • Being convicted of an offense that is punishable by incarceration in federal prison or a Department of Corrections facility
  • Excessive drug or alcohol use leading to impairment (ORS §676.303(b)), or a dependency on them or other chemical substances, or impairment resulting from a condition impacting mental health
  • Obtaining a license to practice under fraudulent or misrepresented actions
  • Making misleading or false statements about a drug or treatment’s efficacy
  • Repeated negligence or gross negligence

The cited statute provides a complete list of reasons for potentially revoking of a doctor’s medical license in Oregon.

Does Settling a Medical Malpractice Claim Result in a Doctor’s License Revocation?

A practitioner’s settlement of a medical malpractice claim does not guarantee disciplinary action. According to the state of Oregon, settling a claim does not imply incompetence or misconduct by a provider. Additionally, a provider’s settlement payment does not mean medical malpractice exists on their part. However, filing a complaint allows the Oregon Medical Board to review and investigate potential medical malpractice in Oregon.

May an Oregon Medical Doctor Practice After Having a License Revoked?

Oregon healthcare providers must wait two years after a disciplinary action revoking their professional license to apply for restoration. The Oregon Medical Board reserves the discretion to grant or withhold the restoration. Unfortunately, patients may fall subject to medical negligence by a doctor experiencing a license revocation. One way to demand accountability from hospitals and practitioners is by filing an Oregon medical malpractice lawsuit. Furthermore, our firm’s medical malpractice attorneys can assist with reporting medical malpractice in Oregon.

Filing an Oregon Medical Malpractice Claim

Oregon law allows two years from the date of injury due to negligence or from the date of reasonable discovery of an injury to file a civil action. Contact Paulson Coletti Trial Attorneys PC for a free case evaluation to determine if your medical care falls outside the accepted standard of care in practice. Our team can also assist with filing a physician complaint in some instances, potentially leading to a medical provider’s revoked professional license.

Expert Witness Testimony in Medical Malpractice Cases

The complexity of medical malpractice cases often requires utilizing expert witness testimony. Expert witnesses are vital resources that play a crucial role in offering supporting evidence of medical negligence. A Portland medical malpractice lawyer at Paulson Coletti Trial Attorneys PC will engage every source of support in your case to prove that medical malpractice is the cause of your injuries and damages.

The Purpose of Expert Witnesses in Medical Malpractice Cases

Expert witnesses are educators, offering experience in a particular field to assist a judge, jury, and attorneys in recognizing the impact of medical decisions and interventions or the lack of action in the injuries to a patient. Expert witnesses explain complex medical terms understandably, allowing a judge and jury to more easily digest the facts of a case and determine the role of an individual or business in causing injury.

The Significance of an Expert Witness to a Portland Medical Malpractice Attorney

When necessary, our team utilizes expert witnesses with relevant qualifications to provide complete and unbiased testimony to support medical malpractice cases. Their knowledge of specific medical standards of care also allows our attorneys to focus questions and arguments better, bypassing unnecessary information that does not benefit your case. Our in-depth knowledge of laws applying to medical malpractice, in conjunction with expert witness testimony, allows us to provide effective advocacy for clients in Washington and Oregon medical malpractice cases.

The Impact of Experience on Causation and Damages in a Medical Malpractice Case

Medical experts may offer convincing evidence of whether a breach in the standard of care resulted in your damages. Through persuasive testimony, an expert witness may prove the link between a practitioner’s negligence and your injuries. In doing so, our team of experienced medical malpractice attorneys in Portland will demand the case results that support your recovery and damages compensation. A comprehensive review of your total damages and evidence supporting your claim allows us to seek maximum compensation.

Expert witness testimony may also support a breach in the standard of care practices in a medical facility’s policies and procedures. They may also provide evidence that supports a lack of quality assurance by agencies such as urgent care facilities, medical practices, hospitals, and insurance companies. Medical malpractice cases may extend beyond an immediate physician’s care, demanding accountability from the facilities and organizations involved in your medical care.

Expert witness testimony may also be crucial in defining negligence in a medical malpractice case. Our firm works tirelessly to demonstrate acts of ordinary negligence vs. gross negligence and their impact on you. Using the facts in a case, we will strive to impress the significance of gross negligence on your damages and awarding of potential punitive damages (ORS §31.730) by a jury.

Build a Solid Portland Medical Malpractice Case

Paulson Coletti Trial Attorneys PC dedicates our efforts to building the most robust case possible to support evidence of medical negligence. Our work with expert witnesses allows us to seek justice and outstanding case results for our clients. Schedule a free case evaluation today.

Health Rights for Children & Teens in Oregon

Healthcare has become a heavy topic lately, and while most of us agree that healthcare is important, we may not fully understand the rights and limitations that our healthcare providers must abide by. Specifically, the rights of our children and teens may not be well known. Parents and teens may be unaware of their rights, where the parent’s consent is and is not required, and what Oregon law empowers our teens to handle if they would like to. If you have concerns that your medical rights may have been violated by a provider, you can contact our accomplished Portland medical malpractice attorney at Paulson Coletti Trial Attorneys.

When Does a Child or Teen Have a Right to Access Healthcare

Oregon has very progressive laws that prioritize removing barriers to children’s and teens’ access to healthcare. While they are not able to consent to all healthcare without their parents, they have rights in many crucial areas where they either do not need an adult to facilitate or do not have one they trust to help with the decision.

Informed Consent

Informed consent is at the core of ethical care in the United States. The Oregon Board of Medicine also highlights the importance of patients understanding their care options and what will happen during treatment. This facilitates a more open and honest relationship between a patient and their care team, allowing for a higher quality of care.

Medical and Dental Services

Teenagers who are 15 and older are eligible to receive medical and dental services. According to ORS 109.640 this may include well visits with the pediatrician, hospital services, routine dental care, or surgical diagnoses and interventions. They may also receive optometric care without parental consent unless it is the first time they are prescribed contact lenses.

Oregon Reproductive Health Services

A child of any age may receive basic reproductive health services in Oregon. These services may include STI testing, contraceptives, or prenatal, postnatal, and delivery care, according to ORS 109.640. However, the statute does set certain limitations to care without the parent’s consent regarding abortions or elective sterilization.

Mental Health Services

A teenager who is at least 14 may access behavioral health, mental health, or psychiatric care without the consent of their parents. This can include outpatient therapy, medication management services, and substance abuse treatment. However, a psychiatrist is unable to provide methadone treatment for substance abuse. Further, ORS 109.675 requires that the parents be included in, or notified of, treatment before it ends. There are exceptions for emancipated minors, minors who are survivors of sexual abuse by a parent, or if there is a clinical indication against notifying the parent.

Disclosure of a Minor’s Health Information

While Oregon does protect the child’s right to access healthcare, it does not guarantee privacy to the minor beyond what is required of HIPAA, which does not protect against disclosing information to a legal guardian. This means that under 109.650 and 109.680, a provider will not be considered in violation of any ethical or moral code by disclosing any diagnoses, treatment, or other medical information to a child’s legal guardian.

In many cases, a provider understands the importance of confidentiality in ensuring that the minor is open about threats to their health or the symptoms they experience. This law allows them to exercise clinical judgment to act in the best interest of the child. There are times when they may determine what a guardian needs to know, and this legislation allows minors and parents to work alongside providers in their community to ensure the safety of their children.

How Does Informed Consent Applies to Minors?

Informed consent is an important concept in healthcare fields. For minors, this usually means their guardian manages this education and decisions, but the guidelines may not always be clear regarding who is in charge of which decisions. If you have concerns about the treatment your provider gave and whether or not you or your child consented, it’s important to remember that you have the power to seek legal advice. Our knowledgeable Portland medical malpractice lawyer with Paulson Coletti Trial Attorneys is here to help you navigate these complex issues.

What is informed consent in Oregon?

Informed consent, in Oregon, refers to a patient’s reasonable understanding of their medical situation and treatment options. The Oregon Medical Board states that the patient must be adequately advised of:

  • Their condition
  • The suggested treatment
  • Any treatment alternatives
  • The risks of their treatment

In most cases, the provider may give these explanations verbally or provide them to the patient in writing. The provider must also allow the patient to ask questions or request more in-depth explanations and then provide the requested information. If the patient is unable to consent for themselves, consent is collected from their legal representative.

How Does Oregon Define a Minor Regarding Consent in Healthcare?

In Oregon, the designation of a minor is the same as anywhere else in the United States. You are a minor if you are under 18 unless you are emancipated or married, at which point you are an adult. Oregon law provides some exceptions to this in specific circumstances. There are a variety of services that a minor may consent to on their own without parental consent while still under the age of 18 or considered a minor.

When Can a Minor Consent to Their Own Healthcare?

Different types of services may have different age requirements for consent. In a pamphlet about understanding minor consent and confidentiality in health care in Oregon, the Department of Human Services (DHS) explains some of the services a minor may obtain without their legal guardian’s consent. There are always exceptions, but general guidelines state that minors may access and consent to their healthcare in the situations below.

General Medical Care

When care is administered by a licensed physician or nurse practitioner acting within their scope, a minor may seek and consent to services such as hospital care and medical or surgical diagnoses. They may also have access to dental care from a dentist licensed by the Oregon Board of Dentistry. A minor may also access care from a licensed optometrist as long as it is not necessary to obtain contact lenses for the first time. These guidelines are under ORS 109.640.

Behavioral Health Treatment and Addiction Treatment

In the state of Oregon, mental health and drug and alcohol addiction services may be available to minors at the age of 14 without guardian consent. As outlined in ORS 109.675, this may include outpatient therapy or medication services from a psychiatrist, except methadone treatment. The statute also requires that the provider include the parents in treatment unless it is contraindicated for reasons determined by the provider.

Reproductive Health

A minor of any age may access some reproductive healthcare services. This may include services for STI assessment and treatment, prenatal, postnatal, or delivery services, as well as contraception. Reproductive health services regarding abortion or elective sterilization procedures may require additional steps for consent as laid out in ORS 109.640.

The Value of Informed Consent for Minors in Healthcare

Informed consent is a valued act in healthcare, and that is supported by the multiple informed consent clauses in professional ethical standards across fields of healthcare. Allowing your patients to understand their care empowers them to make informed choices for themselves and opens a dialogue that may not otherwise be there. Allowing minors to seek out medical care on their own increases accessibility to needed services. When there is a standard of informed consent, it also empowers our kids to think critically about their decisions and what is best for them.

When Should I See a Doctor?

When we get injured, we almost always debate whether or not it is serious enough to be seen by a physician. You may call your primary care doctor and see that they only have an appointment two weeks out, which may not do you much good if you have a problem right now, or have already been sick for five days. You may also be unsure of whether you should see a primary care doctor or if your injury warrants the emergency room or urgent care.

You may be especially unsure of what to do if you have been in an accident or even if you recently had a medical procedure that looks suspicious in its healing. If you suspect your injury has been caused by someone else’s negligence, don’t hesitate to reach out to Paulson Coletti and speak to a skilled Portland medical malpractice lawyer about your concerns.

When to See a Doctor

Identifying an Injury That Needs Care

The severity of an injury may be misleading sometimes. Particularly if you were injured in a stressful situation like a car accident or public fall, your body may have adrenaline coursing through it, preventing you from experiencing the full intensity of the injury. To determine whether you should be seen by a doctor, you should consider a few things about your injury, including the amount of pain it is causing you.

Blood Loss

Is this an injury causing you to lose a significant amount of blood quickly? If so, call 911 or have someone drive you to the nearest emergency room. Additionally, you may need to be seen sooner rather than later if you are having a difficult time getting the injury to stop bleeding, even if it doesn’t seem like a lot of blood.

Location

The location of your injury also matters when considering whether you need to see a doctor. The Mayo Clinic explains that if your injury is close to a vital organ or areas with a cluster of nerves or tendons, there is a larger chance of significant or permanent damage. Catching this kind of injury early can make a difference in how well you recover. If the injury has caused nerve or tendon damage, this could affect the use of that part of your body, which is frequently hands and feed. Additionally, wounds to the face may be more important to see a physician. Not only are there several important structures in and near your face that should be protected, but leaving a wound to heal without medical intervention may increase the likelihood of facial scarring.

Contamination and Infection

Yet another important piece of determining if your wound should be treated by a physician is assessing how you were injured and if the wound shows signs of infection. The Mayo Clinic source referenced above states that an injury that may have left dirt or debris in the skin is more likely to cause additional damage, infection, or illness like tetanus. You should have your injury checked to ensure that it is clear of debris and ensure you are up to date on immunizations like tetanus. Regardless of the way you were injured, you may want to pay attention to how the injury is healing. If it is becoming more painful, inflamed, red in appearance, or warm to the touch, you should see a doctor.

Types of Medical Care

When you are thinking about seeing a doctor for an injury, there are a few ways to get that appointment based on your exact needs. Effective use of the healthcare system makes a dramatic difference in your experience and care. For example, when you use the emergency room for a cold, you end up waiting longer, picking up a more serious illness, and have much higher costs for your care than if you were to see your primary care doctor or a retail care physician.

Primary Care Physician

The function of a primary care physician is for ongoing and non-emergent care. Your primary care doctor is great to help with any reoccurring or chronic issue, and their relationship with you and familiarity with your history may mean they can give you a higher quality of care and more effective treatment.

Retail Care Provider

A retail care provider can be useful in a pinch for small problems like a general cold or flu if you are not able to get in to see your primary care doctor soon enough. A retail care clinic is a clinic that you can find inside of a pharmacy, grocery store, or other retail store, allowing you to pick from a number of locations. Because they are intended for more minor injuries and illnesses, they are frequently staffed by a nurse practitioner or physician’s assistant and may not be equipped to help manage more complex illnesses or injuries.

Urgent Care Physician

A trip to urgent care is for an injury that should be seen within 24 hours but is not emergent or life-threatening. An urgent care facility is very similar to a retail clinic but generally staffs a physician and is therefore equipped to handle slightly more severe injuries such as minor bone breaks and fractures or lacerations that may need stitches. Some urgent care facilities may also be able to do some imaging like x-rays.

Emergency Department Physician

The emergency room should be utilized if you are concerned that you have a life-threatening condition. There may be some overlap between what urgent care can treat and what you may go to the emergency room for, such as stitches for lacerations. Additionally, you should utilize the emergency room for injuries such as gunshot injuries, broken bones, and burn injuries. If you are experiencing chest pain, or shortness of breath, this is also considered a medical emergency and you should be seen by a doctor to rule out heart failure or other conditions that may look similar.

Determining Appropriate Care

Today, there are many options for accessing healthcare, from the methods discussed above to nurse lines and telehealth services. The information above is in no way an exhaustive list, but it may provide some guidance. If you are concerned that your injury is life-threatening, you should call 911 or get a ride to the nearest emergency room if you can safely do so. Contact the lawyers at Paulson Coletti Trial Attorneys PC if your injury was caused by the negligence of a medical provider or another party.

This page has been written, edited, and fact-checked by our team of legal writers in accordance with our editorial guidelines. It has been approved by partners Jane Paulson and John Coletti — respected trial attorneys with decades of experience representing personal injury victims.