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Oregon Medical Malpractice Law Blog

Hospitals must report all medical malpractice payments

Oregon residents want to be able to trust their doctors and nurses with anything. They disclose very personal information and open themselves up in very vulnerable ways in order to receive the best medical care possible. Doctors are held to a high standard in order to ensure that patients' trust is not broken.

However, in many cases, doctors and hospitals don't live up to these standards. Doctors make mistakes, fail to diagnose illnesses and make people sicker. Hospital negligence, in some cases, people may cause people to suffer a worsened medical condition following treatment. When this happens, a medical malpractice suit can help compensate the victim for the injuries they have suffered.

A failure to diagnose or misdiagnosis can change your life

Most Oregonians are not medical experts. They rely on doctors, nurses and hospital staff to diagnose and treat their medical conditions. Most people expect that these medical professionals have the right answers. People place their trust in doctors while dealing with medical emergencies.

However, sometimes doctors fail to live up to the standards that most people believe they should. In some cases they may rush. In others, they may read medical symptoms the wrong way, or they can fail to recognize symptoms at all. When these mistake result in a misdiagnosis, Oregon residents suffer.

Oregon hospital sued after misdiagnosis

This blog often discusses the dangers associated with doctors' failure to diagnose serious medical conditions and how delayed treatment can seriously worsen a patient's medical condition. Yet, failing to diagnose health can also be damaging, as one doctor has recently discovered.

The doctor went to Oregon Health & Science University to seek treatment for fatigue. When blood tests were run, results differed, with some showing the doctor had hairy cell leukemia and others showing he was healthy. However, the patient's doctor advised he undergo chemotherapy, which he did. When his fatigue worsened, the doctor went to a different medical institution, where additional tests showed he was negative for hairy cell leukemia. Medical professionals believe the first hospital's failure to conduct a bone marrow biopsy and a gene mutation screen resulted in inaccurate test results and thus an inaccurate diagnosis. The doctor is now seeking $300,000 for pain and suffering related to his diagnosis and chemotherapy treatment.

What are the signs of cerebral palsy?

The birth of a child is supposed to be a time of happiness. Yet, all too often the birthing process goes wrong and children wind up seriously injured. Though sometimes these harms are so severe they are immediately obvious, others may require an attentive eye to catch. However, all birth injuries, whether seemingly serious or minor, can have a significant impact on a child's life. Therefore, parents should be aware of the signs and symptoms of some of the more common types of birth injuries.

Amongst these is cerebral palsy, which is caused by abnormal brain development or brain damage that inhibits the child's ability to control his or her muscles. This condition, which affects 1 out of every 323 children, can make it difficult for a child to walk, talk, and live what many consider a normal life, instead leaving them with a permanent disability. But what are the signs and symptoms of cerebral palsy?

How long do I have to file a hospital negligence lawsuit?

Medical malpractice claims in Oregon are subject to the state's statute of limitations laws. According to § 12.110 of Oregon's revised statutes, a hospital negligence claim brought to recover damages for harm caused by a medical professional must be brought within two years of when the harm was first discovered. However, a victim cannot turn a blind eye to his or her injuries in an effort to stretch the statute of limitations. Therefore, § 12.110 also states that a claim is barred after two years from the date when a victim should have discovered his or her injury if he or she had exercised reasonable care.

However, it is important to note that the statute of limitations goes a step further. The law states that all claims, unless involving a minor or someone who is insane, must be brought within five years from the date of the alleged injurious incident. Yet, if a claim has not been brought because the victim was defrauded or failed to file because of deceit or misrepresentation, then the limitation is stretched to two years from the date that the fraud, deceit, or misrepresentation is or should have been discovered.

Man loses hip after hospital negligence leads to late treatment

Our society puts a lot of trust in doctors. Oregonians routinely go to them in order to have their symptoms diagnosed and properly treated. Though many patients are adequately treated and recover from their condition, or stop its progression, others sadly must suffer further harm due to doctor and hospital negligence. In these instances, victims should consider seeking compensation for their losses through a medical malpractice lawsuit.

One man did just that and was recently awarded more than $2 million. The lawsuit revolved around a doctor's failure to treat a serious bacterial infection that eventually caused the man to have a hip replacement surgery. The infection is believed to have been caused by an injection related to an MRI the man received. Yet, a few days after receiving the injection, the man went to the hospital, but was quickly released without treatment, though tests showed the man had an infection. The victim returned to the hospital a few days later, but he had already suffered irreparable harm.

Understanding the doctor's duty of care

Oregonians who have been injured while in the care of a medical professional may want to file a lawsuit against those who harmed him or her. Yet, they may be unclear as to what must be shown in order to succeed on such a claim. Though there are many issues with which to contend, one of the most important is establishing, defining, and showing a breach of a doctor's duty of care.

So what is the duty of care with regards to a doctor? A doctor owes his or her patients a duty of care, including treatment, that is in accordance with the diligence, care, and skill held by or expected from other reasonably competent doctors in the same or similar situation. This duty arises when a doctor voluntarily renders aid to a patient, typically in a hospital setting.

Woman in pain, unable to work after hospital negligence

Readers of this blog are well aware that surgical errors can cause extensive harm to a patient. Unfortunately, another one of these mishaps has occurred, leaving a woman with extensive pain as well as emotional and financial damage. When an individual suffers harm at the hands of a negligent medical, he or she should consider taking the steps necessary to file a hospital negligence lawsuit in an attempt to recover damages and punish errant behavior in a place that is supposed to be safe.

This is exactly what that woman has done. The lawsuit, filed against the woman's surgeon and the hospital at which he works, claims the doctor breached the duty of care owed to the woman when he left five surgical sponges inside of a thigh wound. The woman had suffered a thigh injury and went to the hospital for treatment. She was to have dead skin tissue removed and, later, a skin graft.

Woman suffers worsened condition when doctors test wrong knee

Another individual has filed a lawsuit against her doctors after they failed to timely diagnose her cancer. According to the lawsuit, the woman went to the hospital after experiencing pain in her knee, which she attributed to running. Medical professionals ordered an X-ray of the knee and found an abnormality that could be attributed to cancer. To be sure, professionals then ordered an MRI on the knee. However, the test was conducted on the wrong knee. Her doctor then relied on the MRI of the wrong, healthy knee, and was therefore unable to properly diagnose her.

Only after going to see another doctor was the woman referred to an orthopedic tumor specialist and then an oncologist. It was at that time, seven months after seeing her initial doctor, that the woman was diagnosed with osteosarcoma. The disease had spread to her lungs and was classified as stage III. As a result of the failure to diagnose, the woman's long-term survival rate dropped from 70 to 30 percent. She now seeks compensation for her damages, which include extensive pain and medical expenses.

Lawsuit claims man's urethra devastated during botched operation

Most Oregonians will agree that the need for surgery can create a stressful situation. There may be concerns over costs, health insurance, long-term consequences, and success rates. Unfortunately, though, far too many patients fall victim to the procedure itself when a medical professional makes a mistake. These mistakes can cause serious injuries and can leave a victim with life-long disfigurement.

One man is now dealing with this situation after an operation meant to remove a tumor from his abdomen went awry. According to a recently filed lawsuit, the man signed a consent form that allowed a doctor to put a stent in one of his ureter, but a different doctor who did not have consent conducted the operation. The surgery was botched, and left the man's urethra destroyed. He now claims that he has long-term damage to his penis, including disfigurement and pain.

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