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Oregon Medical Malpractice Law Blog

The dangers of asphyxia at birth

Welcoming a new baby is supposed to be a time of great happiness for Oregon families. However, most people rely on the expertise of doctors, nurses and hospital staff to ensure that their babies are born healthy and happy. When these medical professionals do not follow the correct procedures, fail to diagnose issues or use poor judgment, mistakes can happen that threaten the health and lives of both the mother and the baby.

Many birth injuries result in a lack of oxygen to the baby for a period of time. If a baby's brain or organs do not receive enough oxygen during birth, acids can build up in the cells, which can cause temporary or permanent damage. This can manifest for a number of different reasons including a long and difficult delivery, not enough oxygen in the mother's blood, umbilical cord problems and more. Such problems account for about four of every 1,000 births.

Woman sues after false cancer misdiagnosis

A misdiagnosis by a doctor can lead to the unthinkable. Doctors are tasked with figuring out why a person is suffering from certain symptoms and provide the right care to fix the issue. When this job is done incorrectly, people can be put through painful and unnecessary procedures or can suffer worsened medical conditions as a result of their delayed treatment.

In a recent case, a woman is suing a hospital after a misdiagnosis. In this case, the woman was told that she had cancer following a routine colonoscopy. The doctors at the hospital diagnosed her with rectal cancer following the procedure. As a result of the diagnosis, the woman went through five months of medical care. During that time, doctors performed four medical procedures including removing a large portion of the woman's rectum.

Can you sue a hospital for a negligent doctor?

Oregon residents trust hospitals to be safe and clean environments for them to seek medical care. However, many people learn the hard way that this isn't always true. When you have been injured in a hospital, it can come as a shock. People may not know where to turn, or if they can take legal action. While many people are aware that you can bring a medical malpractice suit against a doctor, fewer are likely to understand when you can bring a suit against a hospital.

Under the legal theory "respondeat superior," a hospital can be held legally responsible for the actions of a negligent doctor. This means that the hospital could be responsible for paying for your medical expenses, lost wages and other expenses caused by the negligence. However, respondeat superior only applies in specific situations. It will only apply when an employee was negligent while acting within the scope of that person's employment. Therefore, the doctor must be an employee of the hospital and doing the person's job when the negligence occurred.

What are the risks of having a Cesarean section?

Welcoming a baby should be a happy time for a family, and a time full of changes. People expect there to be many sleepless nights, newborn cuddles and family bonding. However, many people do not expect to undergo a Cesarean section, pregnancy trauma or other complications. Unfortunately, according to the American Pregnancy Association, nearly one out of every four women in the United States will have a C-section at some point in their lives.

A C-section is major abdominal surgery where the baby is taken out of the mother through an incision in her uterus instead of being born vaginally. While the procedure can save the lives of some mothers and babies, it can also lead to unexpected complications -- especially when doctors and hospitals are not careful.

Delay in care is dangerous for hospital patients

Oregon residents expect that their doctors, hospitals and other medical staff with take their health seriously. In many cases, time is of the essence and working quickly can help save a patient's life. But, when doctors and hospitals fail to provide care quickly, people can suffer from serious consequences including a worsened medical condition and death. Delayed assistance can be extremely serious when seconds, minutes and days count.

The Veterans Association has recently taken a lot of criticism over its delayed treatment of veterans across the United States. In particular, reports have indicated that veterans have had extraordinarily long wait times to be treated at veterans' hospitals by approved doctors. Additionally, these doctors and hospitals have been accused of falsifying records in order to make it appear as if the wait times are not as long as they have been.

When has a doctor committed medical malpractice?

Oregon residents trust that their doctors are trying to help them. Most people go to doctors to prevent problems, to treat injuries and to diagnose illnesses. To do any of these things, doctors need specialized information and training that most Oregon residents just don't have. When doctors make mistakes, however, people can be left with a huge sense of loss. People can suffer emotional and physical harm as a result of medical malpractice and, therefore, may be entitled to damages.

But, what constitutes medical malpractice? Generally, three elements must be met before a person has an actionable claim for medical malpractice.

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?

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