There are four elements that must be proven in a medical malpractice case: the existence of a duty of care between provider and patient; a breach of the duty; injury caused by the breach, and damages that stem from that injury.
Not every bad medical outcome is the result of medical malpractice. It's important to talk to an experienced medical malpractice attorney who can ask the right questions and investigate to find out whether the elements of a claim have been met.
The statute of limitations to file a medical malpractice claim varies from state to state; in Oregon, you generally have two years from the date of the injury, or from the time you reasonably should have discovered the injury, to file a case. However, you should consult an attorney as soon as you think you might have a claim; don't wait until the last minute.
Medical malpractice occurs when a patient is injured due to a medical professional’s breach of the standard of care. Negligence involves someone acting without reasonable care in a way that causes injury and damages. In both medical malpractice and ordinary negligence cases, victims may recover economic damages (like medical bills and lost wages) and non-economic damages (like pain and suffering).
Personal injury and medical malpractice cases are complex. It's important to choose an attorney with extensive experience, and preferably experience with cases like yours. You want to work with an attorney who has a track record of success, and with whom you feel comfortable.
A wrongful death lawsuit is a lawsuit that seeks compensation for a death caused by another party’s negligent, reckless, or intentional action. While no amount of compensation can make up for a life lost too soon, a lawsuit can provide the victim’s family with much-needed funds that they need to survive and move forward.
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