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Oregon Personal Injury 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 Car Accidents, Consumer Law and Personal Injury for Oregon on
Q: Options for uninsured victim after car is totaled in Oregon.

I was involved in an accident in Oregon where someone with insurance hit and totaled my car, which was uninsured. The police documented the accident, and while I sustained some bruises and scratches, there were no major injuries. The car that was totaled was my only vehicle, and I'm currently... View More

Jina Ly Clark
Jina Ly Clark
answered on May 7, 2025

If the accident was not your fault, the at-fault party should pay your vehicle damage. If you can prove you had insurance within the last 6 months, you may be entitled to non-economic damages for your pain and suffering if you need medical treatment as a result of your injuries. If you have major... View More

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2 Answers | Asked in Civil Rights, Landlord - Tenant, Civil Litigation, Personal Injury and Real Estate Law for Oregon on
Q: What legal actions can I take after being arrested for disorderly conduct without cause and facing mistreatment by police and during jail processing?

While dealing with car issues on the side of the road, I was approached by a police officer who insisted I provide identification, even after I explained my situation and requested him to move his vehicle. When I declined, stating I hadn't committed a crime, he arrested me for disorderly... View More

Brad  Holbrook
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answered on Apr 26, 2025

I am very sorry that you were forced to endure this event. There may be facts to this event that would change my answer, and if you want to pursue any legal action, you will need to discuss this with an attorney, as you know this is intended to give you a broad idea of what your issue(s) involves.... View More

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2 Answers | Asked in Agricultural Law, Civil Litigation, Real Estate Law and Personal Injury for Oregon on
Q: What rights do I have to stop my neighbor's irrigation from damaging my property?

I live in Eastern Oregon on a small acreage outside of city limits with irrigation water rights. Since last fall, my neighbor, who owns a 40-acre parcel and usually grows alfalfa, has adjusted his wheel line to water several feet over onto my property, damaging the back of my shop, my fence,... View More

Jina Ly Clark
Jina Ly Clark
answered on Apr 15, 2025

It sounds like you have a case of trespassing water on your land. You will need to get estimates of what it costs to fix the problem and to prevent further damage. You may need injunctive relief if there is no way a contractor can remedy the situation. Also you will need your contractor to serve... 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 Contracts, Products Liability, Consumer Law and Personal Injury for Oregon on
Q: Should I sign a settlement voiding my vehicle service warranty?

I am considering signing a settlement agreement with a mechanic company after claiming damages caused during a service repair on my vehicle. The mechanic misplaced the jack stand, which resulted in the door needing replacement. Based on the evidence I submitted and a final demand for payment, I... View More

Jim Boness
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answered on Mar 24, 2025

Signing an agreement that voids any warranty could cause you to lose any rights you may have otherwise have had under Oregon law. I am not sure what the jack stand and door incident has to do with the work on the axle or the rationale for voiding the warranty, but I would question why that is. They... View More

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1 Answer | Asked in Consumer Law, Contracts, Personal Injury and Banking for Oregon on
Q: What kind of lawyer do I need? Me vs. defendant

engaged in a pattern of deceptive practices, including misrepresentation of terms, mishandling of payments, and wrongful fees that culminated in significant financial harm and distress.

• Claims Against Defendant:

• Breach of Contract: Specific breaches include:

•... View More

Tim Akpinar
Tim Akpinar
answered on Mar 6, 2025

An Oregon attorney could advise best, but your question remains open for a month. You outline a long list of grievances, but it looks like they share a common thread of being related to individual consumer lending practices. Therefore, your question of what kind of lawyer you need could cover the... View More

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
PREMIUM
Todd Joseph Huegli pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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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4 Answers | Asked in Animal / Dog Law and Personal Injury for Oregon on
Q: Steps to pursue compensation after my son was bitten by a pitbull?

My son was bitten by a pitbull. The incident was reported to the authorities, and he received immediate medical treatment. We also know the owner of the pitbull and where the dog resides. What steps do I need to take to pursue compensation in this situation?

Brad  Holbrook
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answered on Feb 15, 2025

What steps should you take after a dog bites your son? I am going to assume that your son is a minor. If your son is over 18, then he would represent himself. You need to contact an attorney who specializes in dog bite cases. This is the short answer. You should not try to represent yourself in a... View More

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4 Answers | Asked in Animal / Dog Law and Personal Injury for Oregon on
Q: Steps to pursue compensation after my son was bitten by a pitbull?

My son was bitten by a pitbull. The incident was reported to the authorities, and he received immediate medical treatment. We also know the owner of the pitbull and where the dog resides. What steps do I need to take to pursue compensation in this situation?

Jina Ly Clark
Jina Ly Clark
answered on Feb 15, 2025

More information is needed to establish if there is liability. If the dog was off leash there is liability in most counties. See if you can find out from animal control if the dog has attacked anyone before. If the dog previously attacked someone there would be liability in all counties.... View More

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2 Answers | Asked in Family Law, Probate, Civil Litigation and Personal Injury for Oregon on
Q: How to file for non-responsibility for husband's death in Oregon without access to documents?

I am seeking guidance on how to file for non-responsibility concerning my husband's interstate death. We were married for 32 years but lived apart when he passed away on January 28th of this year. His roommate has denied me access to his paperwork, personal property, and vehicles. She has also... View More

Theressa Hollis
Theressa Hollis
answered on Feb 15, 2025

There is nothing in Oregon called “non-responsibility.” If your husband died with no Will his estate is controlled by Oregon Intestate Law which means that his probate assets will go to you after his bills are paid (assuming he has no children who are not yours). If you want you can choose to... View More

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2 Answers | Asked in Family Law, Probate, Civil Litigation and Personal Injury for Oregon on
Q: How to file for non-responsibility for husband's death in Oregon without access to documents?

I am seeking guidance on how to file for non-responsibility concerning my husband's interstate death. We were married for 32 years but lived apart when he passed away on January 28th of this year. His roommate has denied me access to his paperwork, personal property, and vehicles. She has also... View More

Brad  Holbrook
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answered on Feb 15, 2025

32 years is a long marraige, and I am sorry for your loss; and I know that being apart does not it easier. If you are still legally married, and you are the spouse, there is a lot you can do to move forward. In Oregon, you can file a Small Estate Affidavit and be given the necessary authority to... View More

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1 Answer | Asked in Real Estate Law, Civil Litigation, Contracts and Personal Injury for Oregon on
Q: What can I do to retrieve belongings from escrowed property?

I had my vehicle and travel trailer stored on a friend's property in Dorena, Oregon, where I was paying storage fees, but I didn't have a formal written agreement. My friend has passed away, and the property is now in escrow. I wasn't given any notice to remove my belongings. I have... View More

Brad  Holbrook
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answered on Feb 14, 2025

I'm sorry for the loss of your friend. You should be able to use self-help to retrieve your vehicle and trailer if you can do so peacefully. You should find out who is currently in charge of the security of the property--if it's in probate, the personal representative. It could very well... 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
Calvin A. Knickerbocker III pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 Animal / Dog Law and Personal Injury for Oregon on
Q: Can legal action be taken against previous dog owner for not informing new owner about dogs violent behavior

Girlfriend was mauled by a dog she had taken in to rehome Because previousowners could not keep it. Not even 2 months after talk had attacked and injured her enough to be hospitalized for 3 days with serious injuries

Brad  Holbrook
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answered on Oct 7, 2024

Short answer: Yes. It also depends on the bred of dog, as some dogs are deemed dangerous by their bred.

These include: pit bulls, rottweilers, Alaskan malamutes, chow chows, Dobermans, huskies, bull terriers, and wolfdogs.

If the previous owner knew or reasonably should have known...
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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

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

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