What to Expect After Filing an Oregon Medical Malpractice Lawsuit
Posted on March 22, 2024 in Medical Malpractice
Persisting through the daily struggles following a healthcare crisis resulting from medical negligence may invoke a feeling of reticence to begin legal action. Or you may have already begun the legal process but wonder what comes next after filing a Portland, OR medical malpractice lawsuit. It is an acceptable expectation to have questions, and we strive to provide answers to remove the guesswork and uncertainty, making your personal success and compensation our mission.
The Path a Medical Malpractice Lawsuit in Oregon May Take
If you established a team of legal professionals with successful histories in Oregon medical malpractice cases, you have taken the first step. Your team has assessed the information and documented the evidence that your unwanted medical outcome resulted from medical negligence. And while every complication or unexpected negative event may be life-altering, every outcome that ends in an undesired consequence is not the result of medical negligence. An Oregon medical malpractice attorney will look for proof that either your care fell out of the standards expected of medical practitioners in their field, ethical lines were crossed, diagnostic errors contributed to your injury, or some other action or inaction in your care constituted negligence.
Pacific Northwest medical malpractice lawsuits are rarely the drama-filled scenarios portrayed in television series but consist of the methodical work and investigation required to uncover challenging details. Filing a lawsuit on your behalf will occur after a thorough review of the medical documentation and potential consultations with medical experts to discuss the evidence or lack of its existence have been completed. The next step is serving notice to the defendant accused of alleged medical malpractice, making them aware that legal action has been taken against them.
Response by the Defendant
The defendant in a lawsuit then has the chance to secure legal representation, who will review and respond on their behalf to your attorney’s written complaint detailing the allegations of neglect. Because medical malpractice is a serious offense, a defendant or defendants in a case may react by:
- Denying the alleged violation of the duty of care they owed you as a patient
- Work towards a dismissal of the case
The actions brought against a defendant are civil actions not subject to criminal punishments, such as imprisonment. A healthcare provider or institute found negligent in an Oregon medical malpractice case may be held responsible for financial damages to a patient, experience a loss of professional reputation, diminished opportunities in the healthcare field, and impacts on patients’ willingness to entrust their care to them.
The Discovery Process
Next comes the discovery process, where all the parties in a civil lawsuit seek information from each other. Conducting interviews under oath of the parties in a case by attorneys for both sides may occur. Attorneys may request additional information on documentation used to support a claim by the opposing party.
A medical malpractice attorney in Oregon must present factual evidence of negligence for a case to continue. Your attorney may also obtain a written opinion from a healthcare professional with reputable qualifications to demonstrate that the healthcare provider or facility breached the duty of care owed to you.
State laws require parties in an Oregon medical malpractice lawsuit to first seek alternative dispute resolutions (31.250) by requiring a mandatory mediation process. The mediation process encourages both parties and their legal teams to strive toward a settlement guided by a neutral mediator to seek a resolution before proceeding with legal action in court. A case will proceed to trial when mediation fails.
Proceeding to Trial With an Oregon Medical Malpractice Case
Medical malpractice cases may not fully play out in a completed courtroom process. However, when they go to court, it is often because of reasons previously mentioned. Damage to the professional reputation of a healthcare provider or facility may be costly. Letting the courts decide the outcome may feel like a safer way to protect a professional reputation and standing in the healthcare community.
Defendants in a medical malpractice case in Oregon may also refuse to settle because of the cost of compensation patients may receive for their injuries. Medical errors resulting from neglect cost patients thousands of dollars for unexpected medical care that is required for recovery. At other times, medical negligence may create injuries that a patient may never heal from, leading to permanent disability or premature death. It is estimated that medical errors impact approximately 400,000 hospitalized patients, resulting in an estimated 100,000 deaths, and cost $20 billion annually. The compensation a patient receives is likely covered under a practitioner’s medical malpractice insurance, and it is their right to pursue legal action.
The Significance of Choosing an Experienced Oregon Medical Malpractice Attorney
Medical malpractice cases are complex and may take an extended time to complete. Understanding their challenging nature is why an experienced Oregon personal injury attorney may only agree to pursue your claim if substantial evidence supports a case. While working on a contingency fee basis means your attorney will not get paid unless compensation is secured in your claim, it demonstrates a dedication and commitment to a client to see a case through to the end, striving for the most optimal outcome. Having a team recognize your commitment to a case is also essential.
The investment of time may seem overwhelming, but a committed team will shoulder the legal burden for you. The Pacific Northwest medical malpractice team that handles your case should possess superior skills as trial attorneys and fight for justice under the law when negotiations fail to provide a fair settlement for the damages you suffer.
Effective communication skills are a must when presenting technical medical information to a jury. Paulson Coletti Trial Attorneys PC has the experience and compassion to convey your story, demand accountability, and put your needs at the forefront through personal client-centered service. Contact our proven medical malpractice attorneys today to learn more about filing a medical malpractice lawsuit and recovering the compensation you deserve, guided by a team willing to walk with you until the end.