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Oregon Medical Malpractice Questions & Answers
2 Answers | Asked in Medical Malpractice and Personal Injury for Oregon on
Q: Can I sue hospitals for misdiagnosing my daughter's gallbladder issue in Oregon?

Can I sue two hospitals for failing to properly diagnose my daughter's condition, which resulted in increased pain and risk of death? I first took her to Dallas Hospital and Silverton Hospital between May 3rd and 5th. Dallas Hospital performed an ultrasound and EKG but did not read them... View More

Brad  Holbrook
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answered on May 7, 2025

First, let me say that I am sorry that you had to deal with this, as having a child in need of urgent, potentially life saving care is devasting. I hope she is doing well now and you are in a good place emotionally over it. Second, it is important to keep in mind mistakes happen often at a... View More

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2 Answers | Asked in Medical Malpractice and Personal Injury for Oregon on
Q: When does the statute of limitations start for a surgery injury?

I had a hernia surgery on April 7th and was sent home afterward. However, I experienced intense pain at home, resulting in an ambulance trip back to the hospital on April 8th. The emergency team conducted exploratory surgery, discovering a cut in my bowel leaking into my abdomen. The emergency... View More

Brad  Holbrook
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answered on Apr 7, 2025

I am so sorry for your pain. You have two (2) years to file a claim in court. If the hospital is a public entity (OSHU, et.al.), then you must file a tort claim notice within 180 days. It's as simple as providing notice to them that you have a claim.

Plan on April 7 being your...
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2 Answers | Asked in Medical Malpractice and Personal Injury for Oregon on
Q: Dental malpractice question regarding negligence and pain and suffering after sinus cavity incident during tooth extraction.

On March 19th, I went to a dentist for a simple tooth extraction of an upper right molar. During drilling, the dentist accidentally penetrated the sinus cavity with a surgical bur, which became loose and lodged inside the cavity. An oral surgeon removed it on March 24th by drilling through my jaw,... View More

Brad  Holbrook
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answered on Apr 2, 2025

I often say there are two things that are very difficult: 1) Getting money out of people, and 2) Suing a Doctor/Dentist.

I am so sorry for your bad outcome. Unfortunately, every day there are bad outcomes in the medical field. If we could sue everytime there was a mistake and/or accident,...
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2 Answers | Asked in Medical Malpractice and Personal Injury for Oregon on
Q: Considering legal action after misdiagnosis: is it too late?

In August 2022, I had my gallbladder removed after being sent by a GI specialist, who performed an endoscopy and attributed my symptoms to anxiety. Despite the procedure, my abdominal pain persisted, and no imaging tests like a CT scan were done. In September 2022, I was diagnosed with stage 3B... View More

Brad  Holbrook
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answered on Feb 19, 2025

Time limitations are based on the concept that we don't want old, stale cases coming in court. We have to turn the page, so to speak. Ordinarily in negligence cases involving bodily injury the statute of limitations is two (2) years. So, given that time line, you were diagnosed with cancer in... View More

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2 Answers | Asked in Medical Malpractice and Personal Injury for Oregon on
Q: Considering legal action after misdiagnosis: is it too late?

In August 2022, I had my gallbladder removed after being sent by a GI specialist, who performed an endoscopy and attributed my symptoms to anxiety. Despite the procedure, my abdominal pain persisted, and no imaging tests like a CT scan were done. In September 2022, I was diagnosed with stage 3B... View More

Todd Joseph Huegli
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answered on Feb 26, 2025

In Oregon, medical malpractice claims typically must be filed within two years of the alleged negligent act or from the date you discovered—or reasonably should have discovered—the injury, though there’s an ultimate repose period of five years for medical malpractice cases. Since your... View More

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1 Answer | Asked in Health Care Law and Medical Malpractice for Oregon on
Q: If my last doctor lied on the visit notes can I sue him if I have all the proof of corresponding between us

I have records and proof and my husband as a witness to all my appointments

Tim Akpinar
Tim Akpinar
answered on Feb 6, 2025

An Oregon attorney could advise best, but your question remains open for two weeks. It's possible you could, depending on the nature of the incorrect information and the intent or malice with which it was entered. It could depend on the significance of the error/lie, whether you were... View More

2 Answers | Asked in Medical Malpractice and Personal Injury for Oregon on
Q: I was given an experimental drug at a hospital without my consent and it resulted in serious medical issues, can I sue?

In 2016 I was taken to OHSU because I had contracted necrotizing fasciitis from the Clackamas River. They knew that my legs needed to be amputated in order to save my life but instead they gave me an experimental drug without my consent to see if it would stop the rate of the infection. It did not.... View More

Brad  Holbrook
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answered on Oct 22, 2024

This is a horrible situation, and I hope that you are finding ways to manage despite the limitations. There could be liabiity for acting without your consent or perhaps outside of the scope of what is accepted standard of practice in the community. Bad outcomes don't automatically equate to... View More

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2 Answers | Asked in Medical Malpractice and Personal Injury for Oregon on
Q: I was given an experimental drug at a hospital without my consent and it resulted in serious medical issues, can I sue?

In 2016 I was taken to OHSU because I had contracted necrotizing fasciitis from the Clackamas River. They knew that my legs needed to be amputated in order to save my life but instead they gave me an experimental drug without my consent to see if it would stop the rate of the infection. It did not.... View More

Calvin A. Knickerbocker III
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answered on Oct 22, 2024

If OHSU deviated from the standard of care by not amputating your legs promptly, which is a known effective treatment for necrotizing fasciitis, you might have a case for medical malpractice. The experimental drug trial's protocol, if it delayed necessary treatment, could be seen as negligence... View More

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1 Answer | Asked in Medical Malpractice for Oregon on
Q: Had head injury & unconscious for short time. Went to ER with obvious head trauma. But no concussion test performed.

I had a Mt. Bike accident in 2021. I landed in my head & right shoulder & was unconscious for a short time.

I was taken to local ER, I had an obvious head injury but was not given a concussion test. Only focus was on clavicle break. Surgery to fix clavicle a few days later &... View More

Calvin A. Knickerbocker III
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answered on Sep 18, 2024

Based on the information provided and general legal principles here's how you might approach this situation:

Legal Basis for a Claim:

Standard of Care: Emergency rooms are expected to follow a standard of care, which includes assessing and treating all injuries, especially when...
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1 Answer | Asked in Medical Malpractice, Personal Injury and Products Liability for Oregon on
Q: Hello I won a medical settlement that closed 8 months ago

Hello I won a medical settlement that closed 8 months ago, my attorney has been giving me the runaround on paying by saying that they have to clear any medical liens before they can release the money. Initially this was only supposed to take a month. Yet here it is 8 months later I still have not... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Sep 7, 2024

I am not saying your attorney is or is not telling you the truth, but this is unfortunately fairly common with cases that include medical bills. Plus, your insurance company may not know about all the potential liens. In fact your own insurance company may not even know if it has a lien, as those... View More

2 Answers | Asked in Medical Malpractice for Oregon on
Q: What are my options for medical malpractice involving medicine.

I was given an injection by a MA at doctor's office which turned out to be 4 times the original dosage my doctor ordered. I was in a lot of pain for 2 months. What if any are my options with the doctor's office?

Calvin A. Knickerbocker III
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answered on Sep 15, 2024

Even if you're not sure about filing a lawsuit, a consultation with a medical malpractice attorney can provide clarity on your rights and potential outcomes. They can discuss the statute of limitations, which in Oregon for personal injury (including medical malpractice) is generally two years... View More

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1 Answer | Asked in Health Care Law and Medical Malpractice for Oregon on
Q: is it medical malpractice to prescribe medication for something i dont prior to getting test results?
Tim Akpinar
Tim Akpinar
answered on Aug 19, 2024

An Oregon attorney could advise best, but your question remains open for three weeks. It looks like a word may have been left out of your post. If you meant, " ...prescribe medication for something I don't [NEED or WANT] prior to... ," it's possible that it could be med mal. You... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for Oregon on
Q: Due to cervical neurosurgery that damaged my spinal cord and median nerve as well as dislocated and twisted my right arm

from the shoulder it left me with weak limbs and numbness in my extremities. This happened 11/18/22

I had a felony conviction in 2003 otherwise a firm would have done it. Is there an attorney interested?

Tim Akpinar
Tim Akpinar
answered on Jul 24, 2024

An Oregon attorney could advise best, but your question remains open for a week. I'm sorry for the injuries you suffered in connection with the cervical neurosurgery. You're asking if attorneys here are interested. It's difficult for attorneys here to offer their services - the... View More

1 Answer | Asked in Medical Malpractice, Personal Injury and Civil Rights for Oregon on
Q: Would I be entitled to compensation from medical malpractice and negligence that occurred while incarcerated
James L. Arrasmith
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answered on Mar 19, 2024

If you believe you were a victim of medical malpractice and negligence while incarcerated, you may be entitled to compensation. The law requires that inmates receive adequate medical care. If this standard of care is not met, resulting in harm, you could have grounds for a claim. However, these... View More

1 Answer | Asked in Medical Malpractice and Personal Injury for Oregon on
Q: Seeking recompense for surgical clip failure leading to complications and hospitalization.

In February, I underwent gallbladder removal surgery, but the clips used on my liver either failed or were improperly applied, leading to severe complications. The Chief Surgeon admitted there was a problem with the surgery and/or the clips. Despite my pain and symptoms of jaundice being dismissed... View More

James L. Arrasmith
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answered on May 14, 2025

What you’ve endured is incredibly serious and traumatic, and it’s understandable that you want accountability and financial relief after such a painful experience. When a surgical clip fails or is applied incorrectly, leading to internal complications, that may be considered medical... View More

1 Answer | Asked in Civil Rights, Medical Malpractice and Personal Injury for Oregon on
Q: Do I have a case for medical malpractice or a cruel and unusual punishment?

On Jan 19 2024 I was arrested for DUI. I have complex medical issues that I take a variety of medications for. Two blood pressure medications two pain relievers an anti-anxiety medication. Medication to control the uric acid in my blood. Antihistamine. A phy. assistant I believe improperly cleared... View More

James L. Arrasmith
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answered on May 14, 2025

What you went through sounds deeply distressing and could raise both medical and constitutional concerns. When someone with documented medical needs is denied access to essential medication and equipment like a CPAP machine while in custody, that can potentially fall under cruel and unusual... View More

2 Answers | Asked in Medical Malpractice and Personal Injury for Oregon on
Q: Torn rotator cuff after nurse incident; who to contact?

Last June, after completing a CT scan, I experienced seizures and was lifted by two nurses by my wrists to be moved to a different gurney. Later, an MRI showed five tears in my right rotator cuff, requiring surgery. There hasn't been any communication with the medical facility since the... View More

Tim Jones
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Tim Jones
answered on Apr 29, 2025

We encourage this person to contact our office so that we can obtain additional information in order to be able to determine if we can be of assistance.

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3 Answers | Asked in Medical Malpractice and Personal Injury for Oregon on
Q: Mastectomy left cancer, increased from stage 1 to 2 or 3, seeking legal advice in Oregon.

I had a mastectomy on October 17, 2024. Despite going in with stage 1 cancer, I was left with stage 2 or 3 cancer after the surgery. This occurred in Coos Bay, OR. I have not undergone any surgery operations since then. I am seeking legal advice on what actions I can take regarding this medical... View More

Tim Jones
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Tim Jones
answered on Apr 28, 2025

Due to our current caseload, we will not be able to assist.

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1 Answer | Asked in Medical Malpractice for Oregon on
Q: On the evening of April 9, 2021, Plaintiff suffered a medical episode. He experienced seizures and slipped into a coma.

On the evening of April 9, 2021, Plaintiff suffered a medical episode. He experienced

seizures and slipped into a coma. His partner took him to the Fire Station in Cave Junction,

Oregon. Emergency services were called and Defendants Hertler and Sears arrived on the scene.... View More

James L. Arrasmith
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answered on Apr 13, 2025

It seems like you are describing a potential medical malpractice case involving emergency responders who mistakenly intubated the plaintiff into the esophagus instead of the trachea. The failure to notice this mistake, especially after multiple attempts, could be a key issue in your case. Medical... View More

1 Answer | Asked in Civil Litigation and Medical Malpractice for Oregon on
Q: How can a court reopen discovery without a motion in Oregon?

In a case concerning delay in treatment with allegations of aiding and abetting in the practice of medicine, discovery was reopened by the court without a motion from either party. The defendants responded to my motion by stating that discovery needed to be reopened and that outside assistance... View More

James L. Arrasmith
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answered on Apr 13, 2025

In Oregon, a court has the discretion to reopen discovery even without a formal motion from either party, especially if it believes that fairness and justice require it. The court might act on its own initiative if it feels that crucial evidence has not been adequately examined or if new... View More

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