What Is Considered Medical Negligence

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

Many people who have been harmed by a healthcare provider in Oregon want to understand what is considered medical negligence—and whether their experience qualifies as a medical malpractice claim. This concern often arises after unexpected complications, prolonged suffering, or unclear communication from medical staff. At Paulson Coletti, we understand the confusion and frustration surrounding this topic, and we’re here to help you navigate the legal complexities of negligence in medical care with clarity and compassion.

Defining Medical Negligence in Oregon

Medical negligence occurs when a doctor, nurse, hospital, or other healthcare provider fails to meet the accepted standard of care, resulting in harm to a patient. In Oregon, this means the provider acted in a way that a reasonably careful provider would not have under the same circumstances.

Key elements of medical negligence include:

• You had a formal doctor-patient relationship
• The provider failed to meet the accepted standard of care
• That failure directly caused you harm
• The harm resulted in significant physical, emotional, or financial losses

According to the Oregon State Bar, medical negligence can give rise to a malpractice claim when a patient suffers actual harm as a result of the provider’s deviation from the accepted standard of care.

Common Examples of Medical Negligence

Medical negligence can take various forms, but here are some common examples that may constitute negligence:

• Misdiagnosis or delayed diagnosis of a serious condition 
• Surgical errors, such as wrong-site surgery or leaving instruments inside the body
• Medication mistakes, such as giving the wrong dose or drug 
• Failure to get informed consent before treatment 
• Ignoring or misreading lab results 
• Poor follow-up or aftercare

These types of errors can have serious physical and emotional effects on the patient, including permanent impairment or death.

How Medical Negligence Differs from Medical Malpractice

Medical negligence and medical malpractice are technically distinct terms despite their frequent interchangeable use.

Medical negligence refers to the failure to take proper care in providing treatment, while medical malpractice involves negligence that causes harm and meets the legal threshold for a claim. In Oregon, malpractice requires significant injury or damage, and it must meet the legal elements of duty, breach, causation, and damages. 

It’s also essential to distinguish between a malpractice claim and an Oregon Medical Board (OMB) disciplinary action. After a complaint, investigation, and hearing, OMB actions are taken against physicians, PAs, and acupuncturists. These actions address violations of the Medical Practice Act, while malpractice claims focus on compensation for harm caused by negligence. Both serve different aspects of medical accountability.

The Legal Criteria for Proving Medical Negligence

Medical negligence claims are difficult, but they can be proven using four crucial legal factors.  Here’s what our team will strive to establish:

Duty of Care 

A doctor-patient relationship existed, establishing a legal obligation for the healthcare provider to deliver care that meets established medical standards. This relationship creates a trust that the provider will act in the patient’s best interest. 

Breach of Duty 

The provider failed to meet the established standard of care for a competent medical professional in a similar situation.  This indicates they diverged from what is reasonable and proper, either through action or inactivity, resulting in a failure to perform their duties.

Causation 

The breach of duty directly caused harm or injury to the patient. It must be shown that the harm would not have occurred if the provider had followed the proper standard of care. This connection between the breach and the damage is critical in establishing liability. 

Damages 

The patient’s harm resulted in measurable losses, such as medical expenses for additional treatment, loss of income due to missed work, or non-economic damages like pain and suffering. These damages must be clearly demonstrated to support a compensation claim.

Steps to Take If You Suspect Medical Negligence

If you suspect you or a loved one has been harmed as a result of improper medical care, take the following steps as soon as possible.

• Get a second opinion or immediate medical care
• Keep all medical records, notes, and communication
• Don’t share details publicly or on social media
• Speak with an Oregon medical malpractice attorney

Our firm recognizes that victims may experience both physical and mental pain.  We’re here to manage the legal issues so you may concentrate on recuperating.

Contact Paulson Coletti for Legal Support with Medical Negligence Claims

Understanding what is considered medical negligence can be challenging—especially when the signs of substandard care aren’t immediately clear. If you’re unsure whether your experience qualifies, the team at Paulson Coletti is here to help. Our Oregon medical malpractice attorneys provide experienced, results-focused support. Call us today at 503-682-8721 to schedule a free consultation and explore your legal options.