When you go to a doctor or a hospital, you put a great deal of trust in these medical professionals to provide you with the best care possible. Unfortunately, mistakes can happen, and sometimes, these mistakes can have serious consequences for your health. In the state of Oregon, medical malpractice lawsuits can help protect you and hold negligent healthcare providers accountable. Here’s what you need to know about medical malpractice in Oregon.
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What is Medical Malpractice?
Medical malpractice occurs when a healthcare provider (including doctors, nurses, and other medical professionals) fails to provide a patient with the appropriate standard of care. This can include misdiagnosis, surgical errors, medication errors, and other forms of negligence. In order to prove medical malpractice, the plaintiff (the person bringing the lawsuit) must show that the healthcare provider acted in a way that a reasonably competent healthcare professional would not have under similar circumstances.
Time Limits for Filing a Medical Malpractice Lawsuit
In Oregon, there are strict time limits (statutes of limitations) for filing a medical malpractice lawsuit. Generally, a patient must file a medical malpractice lawsuit within two years from the date of the injury or within two years from the date they discovered the injury. However, there are exceptions to this rule. For example, if the patient was a minor at the time of the injury, they may have additional time to file a lawsuit.
Damages Available in a Medical Malpractice Lawsuit
If a patient is successful in a medical malpractice lawsuit, they may be awarded damages (compensation) for their injuries. There are two types of damages available in Oregon: economic damages and non-economic damages.
- Economic Damages: Economic damages are intended to compensate the plaintiff for out-of-pocket expenses related to their injury. This can include medical expenses, lost wages, and other quantifiable losses.
- Non-Economic Damages: Non-economic damages are intended to compensate the plaintiff for non-financial losses, such as pain and suffering, emotional distress, and loss of enjoyment of life.
Limitations on Damages in Oregon
It’s important to note that there are limitations on damages in Oregon. For example, there is a cap on non-economic damages of $500,000 (except in cases of severe injury, where the cap is $1.5 million). Additionally, economic damages are limited to a patient’s actual expenses, meaning that they may not be able to recover the full amount they spent on medical care.
Working with a Medical Malpractice Lawyer
If you believe that you or a loved one has been the victim of medical malpractice, it’s important to work with an experienced medical malpractice lawyer. These attorneys can help you navigate the legal system, gather evidence, and build a strong case on your behalf. A medical malpractice lawsuit can be a complex and challenging process, but with the right lawyer on your side, you can get the compensation you deserve.
Conclusion
Medical malpractice is a serious issue that can have devastating consequences for patients and their families. If you believe that you or a loved one has been the victim of medical malpractice in Oregon, it’s important to take action. With the help of an experienced medical malpractice lawyer, you can hold negligent healthcare providers accountable and get the compensation you need to move forward.