Can You Sue a Hospital in Portland for Medical Malpractice?

Posted on April 17, 2025 writen by Jane Paulson in Medical Malpractice

Suppose you or a loved one suffered harm from medical negligence at a hospital. Can You Sue a Hospital in Portland for Medical Malpractice? The short answer is that it depends on the circumstances. Hospitals can be held accountable for negligent care provided by employees like nurses and medical technicians, but they are usually not responsible for a doctor’s malpractice.

Let’s look closer at suing a hospital for negligence—when hospitals can (and can’t) be held legally responsible, what steps to take, and how Paulson Coletti can help you pursue justice.

How to Sue a Hospital for Malpractice

Suing a hospital for negligence requires proving, gathering evidence, and working with an experienced attorney to navigate medical malpractice law.

Establish the Case

To build a solid malpractice case, you must demonstrate:

• Duty of Care: The hospital owed you a duty of care (e.g., you were admitted for treatment).
• Breach of Duty: The hospital or its staff failed to meet the required standard of care.
• Causation: The negligence directly led to your injury or worsened your condition.
• Damages: You suffered measurable physical, emotional, or financial loss.

Gather Evidence

Thorough documentation is essential. This includes obtaining medical records that detail your diagnosis and treatment, keeping copies of all bills and financial statements related to your losses, and securing expert opinions from medical professionals who can validate that negligence occurred.

Consult a Medical Malpractice Attorney

Partnering with an experienced lawyer, like those at Paulson Coletti (503-682-8721), ensures your case is well-prepared, legally sound, and handled professionally.

File a Claim

Once your attorney establishes the case, they will file a medical malpractice lawsuit against the hospital in the appropriate Oregon court.

Negotiate or Proceed to Trial

Most medical malpractice claims are settled outside the courtroom. However, if negotiations don’t result in fair compensation, your attorney will represent you in court to fight for your rightful damages.

How Much Compensation Can You Receive for Medical Malpractice?

The compensation you may receive depends on factors such as the severity of your injury and its financial and physical impact. Victims of medical malpractice often face overwhelming medical bills, lost income, and emotional trauma. Compensation aims to alleviate these burdens.

• Economic Damages cover calculable losses like medical expenses, rehabilitation costs, and lost wages.
• Non-Economic Damages: These include pain, suffering, emotional distress, and diminished quality of life.

According to Oregon law, a $500,000 cap applies to non-economic damages in medical malpractice cases. However, in cases of catastrophic injuries or wrongful death, the Oregon Supreme Court has noted that such caps may not apply when the remedy provided is deemed paltry.

When Can a Victim Hold a Portland Hospital Accountable for Medical Malpractice?

Hospitals can be liable for malpractice when their employees or policies fail to provide the expected standard of care. This liability often arises in cases involving:

Staff Mistakes

Medical errors can be severe. Misdiagnosis or delays may prevent proper care. Surgical mistakes, like operating on the wrong site or leaving instruments inside a patient, can be life-threatening—medication errors, whether incorrect dosage or prescription, may cause dangerous reactions.

Negligent Hiring

Hospitals that hire unqualified staff put patients at risk. Inexperienced or unlicensed professionals may misdiagnose, mistreat, or worsen conditions, leading to serious harm.

Policy Failures

Hospitals that neglect equipment maintenance can expose patients to unsafe conditions, leading to further injury. Poor hygiene practices may also cause hospital-acquired infections, increasing health risks. If these failures result in harm, they may justify a malpractice lawsuit.

How Long Do You Have to File a Medical Malpractice Claim in Portland?

The statute of limitations for filing a medical malpractice claim in Portland is usually two years from the date of the injury or when the injury was discovered. This timeframe can vary depending on the case. Failing to act within this window can permanently bar you from seeking compensation. 

It is critical to consult with an attorney early to ensure your claim is filed within the legally allowed period. An early consultation allows your lawyer to gather time-sensitive evidence and build a strong case before deadlines expire.

Schedule a Case Evaluation Today with an Experienced Medical Malpractice Lawyer

Suing a hospital for negligence is one of the most complex personal injury claims. Strict procedural rules, intricate legal issues, and aggressive opposition from hospitals and insurers make these cases especially difficult to win. That’s why having the right legal team is essential.

At Paulson Coletti, we have experience helping medical malpractice victims in Portland fight for justice. Our firm has secured significant results, including a $7.8 million settlement for medical malpractice after a hospital failed to diagnose a heart defect in a teenager. Call 503-682-8721 today for a free case evaluation.