Portland Medical Malpractice Lawyer

Oregon Trial Lawyers Association Don't Go It Alone - A Portland Medical Malpractice Attorney Can Help

Suffering an injury because of a healthcare provider's negligence can feel devastating. Your trust was violated, and now you face physical pain, emotional distress, and financial burdens. It may be tempting to let it go and try to move on. However, obtaining justice through a medical malpractice lawsuit could be the best path toward healing and securing just compensation, for all the ways this error has harmed your life.

With an experienced Portland medical malpractice attorney on your side, you don't have to bear this burden alone. Top lawyers like those at Moseley Collins Law make the legal process as smooth and stress-free as possible for victims and families. We handle every aspect of investigating negligent care, proving causation, demonstrating damages, and fighting for the financial compensation you rightfully deserve.

This guide will walk you through key elements of medical malpractice claims, why working with a seasoned lawyer makes a difference, the steps involved in these cases, and how an attorney can help if you or someone you love suffered harm from a healthcare provider’s negligence.

Medical Professional How Do I Know if What Happened is Considered Medical Malpractice?

Many people feel unsure if an error or poor outcome qualifies as provable malpractice. Medicine can be complex, and health problems can occur even when providers take proper precautions. You may ask yourself:

  • Maybe it was just an unfortunate complication?
  • Could the doctor have realistically foreseen or prevented this?
  • Maybe I just have unrealistic expectations of healthcare providers?

You should not have to wrestle with these uncertainties alone. An experienced medical malpractice attorney can evaluate what happened and offer skilled guidance. In Oregon, you must first prove medical negligence by these key elements:

A provider-patient relationship existed - This means you were actively under the healthcare professional’s care when the incident occurred.

The provider owed you a duty of care - Doctors, nurses, surgeons, dentists, therapists, and others who treat patients agree to meet reasonable standards of safety and competency.

There was a breach of their duty - The provider failed to meet the accepted standard of care. This is proven through expert testimony and often evidence of violation of safety protocols.

The breach directly caused harm - Breaching the standard of care directly resulted in physical, emotional, or financial damages. This causation link is crucial.

Top medical malpractice lawyers have extensive experience recognizing situations where subpar medical care directly harmed the patient. Some examples of potentially negligent medical errors include:

  • Misdiagnosing or failing to diagnose serious conditions
  • Surgical mistakes and medical procedure complications
  • Childbirth injuries to mother or baby
  • Medication errors and adverse drug reactions
  • Poor infection control practices leading to contagion
  • Failure to monitor patients appropriately during and after procedures

Moseley Collins has been advocating for victims of medical negligence for over 40 years. Our award-winning attorneys have seen it all, and can accurately determine if your situation likely qualifies as malpractice. We never hesitate to give an honest opinion, even if it means turning a potential client away who does not have a strong case. Trust us to evaluate your situation fairly and recommend the best path forward.

Legal Services Why Do I Need a Medical Malpractice Lawyer?

You may wonder if hiring a malpractice attorney is really necessary or if you could pursue compensation on your own through an your insurance company, claim or negotiate directly with the doctor or hospital. While that may occasionally work for a minor error, not involving an attorney for an injury involving true negligence would be a mistake. Here’s why:

You Need Unmatched Experience - Medical malpractice law is highly complex. Only lawyers who practice in this unique area possess the right blend of knowledge and experience regarding medical issues, and state laws, building a convincing argument for breach of duty, proving damages, and successfully negotiating high-value settlements. At Moseley Collins, medical negligence and personal injury law is our passion.

Investigations Take Resources - Thoroughly investigating a case involves gathering witness testimony, poring over medical records, consulting with doctor experts, obtaining affidavits, and gathering evidence. It’s a lengthy process requiring time and connections that only veteran malpractice firms have.

You Must Prove Causation - Having a bad outcome does not automatically equate to negligence. You must conclusively show your injury directly resulted from the provider violating the standard of care. Top lawyers know how to establish this critical causation link.

Cases are Aggressively Defended - Hospitals, doctors, and insurers fight malpractice claims vigorously to avoid payouts. An experienced medical malpractice trial lawyer can stand up to any defense. We never back down from uphill battles other firms turn away.

It Takes Financing Muscle- Medical malpractice cases can drag on for years. Law firms must front the costs for expensive litigation needs like experts, records, discovery, exhibits, and more. Established firms like ours have the financial resources to fully develop and bring cases to trial.

Results Matter - At the end of the day, what matters most is holding the negligent provider fully accountable and recovering maximum compensation for your injuries and losses. Large verdicts and settlements require proven lawyering skills only found at top firms.

While no lawyer can guarantee a successful outcome, choosing Moseley Collins Law significantly strengthens your case. Trust our expertise.

Lawyer Handles Medical Malpractice Cases Proving Medical Malpractice in Oregon

To have a valid medical malpractice claim in Oregon, the patient or family must prove:

A provider-patient relationship existed - You must show you were actively under the medical provider’s care when the incident happened. For example, being seen in the ER or admitted to the hospital establishes a relationship.

The provider owes you a duty of care - Doctors, nurses, dentists, and other medical professionals agree to meet certain standards of care and safety when treating patients. This forms a duty owed to each person under their treatment.

There was a breach of duty - The provider violated the accepted standard of care through acts of commission or omission. Examples include surgical mistakes, medication errors, misdiagnoses, lack of monitoring, etc.

The breach directly caused harm - Proof must exist showing a direct link between the provider’s negligence and the personal injury or damages sustained. Poor outcomes alone are not enough – causation must be established.

Damages occurred - Quantifiable economic and non-economic losses resulted from the provider’s breach of duty. This includes costs like medical bills, lost income, and pain and suffering.

Meeting this burden of proof requires extensive legal experience. Moseley Collins Law has been handling medical malpractice claims for decades. We work diligently to gather evidence and expert testimony to demonstrate each legal element and build a compelling argument for maximum compensation.

Some examples of medical errors that often constitute provable malpractice include:

Surgical mistakes - Operating on the wrong body part or leaving foreign objects inside a patient after surgery. This is medical mistake that violates the basic standard of care.

Medication errors - Giving the wrong drug or dose leading to an adverse reaction. Also, ignoring documented allergies.

Misdiagnosis - Overlooking clear symptoms and test results that should have led to an accurate diagnosis of a serious condition.

Childbirth injuries - Preventable harm to mother or baby, like nerve damage or brain injury, due to improper use of instruments or lack of monitoring.

Nursing home abuse - Neglecting to attend to residents’ basic needs or failing to protect them from abuse.

Dental errors - Pulling the wrong tooth, cutting nerves, and leaving fragmented roots behind.

Anesthesia mistakes - Using incorrect dosing or failing to monitor vitals, resulting in brain injury or death.

These are some of the more common forms of medical negligence we see. However, breaches of the standard of care can happen in countless ways. Let our Portland medical malpractice attorneys thoroughly examine what happened in your case to determine if you have valid grounds for a claim.

Clients Recover Compensation Steps Involved in a Medical Malpractice Lawsuit

Medical malpractice cases involve several key phases. An overview of what clients can expect when working with a seasoned Portland medical malpractice law firm includes:

Investigation and Preparation

This important first step involves:

  • Obtaining all relevant medical records, test results, and documentation
  • Identifying potential breaches in the standard of care
  • Consulting with medical experts to prove negligence
  • Assessing all damages stemming from the provider’s errors
  • Determining the proper liable parties to name as defendants
  • Drafting a strong complaint detailing counts of negligence

Thorough prep work and investigation lays the foundation for success. Our lawyers leave no stone unturned, dedicating substantial time and resources to build an ironclad case before filing your complaint.

Litigation and Discovery

Once the case is filed, this legal process moves forward with:

  • Filing of defenses and responses by defendants
  • Written discovery such as interrogatories and requests for production of records
  • Gathering sworn statements under oath from parties and expert witnesses
  • Motions between the two sides arguing legal points
  • Submission of evidence to support each position

Discovery is an exhaustive process, but critical for revealing facts and winning malpractice cases. An experienced trial lawyer can effectively leverage it to prove negligence and damages.

Settlement Negotiations or Trial

The majority of medical malpractice lawsuits settle out of court before reaching trial. Settlement talks often begin after:

  • Liability experts are deposed and negligence seems clear
  • Discovery yields convincing evidence of breach of duty
  • Plaintiff’s damages and injuries are well-documented

In some instances, a reasonable settlement cannot be reached and the case goes to trial. Here, the plaintiff’s lawyer must thoroughly prepare evidence and testimony, retain excellent expert witnesses, master the medical details, and skillfully argue the case before a jury. This is when retaining a seasoned trial attorney pays off.

While many steps are involved, an experienced Portland medical malpractice lawyer will make the process as smooth and efficient as possible for you as they work toward maximum compensation for your injuries. At Moseley Collins Law, successfully resolving cases for victimized patients and families is our sole focus.

Gathering Evidence and Expert Testimony

Thorough investigation and preparation sets the stage for a successful outcome in a medical malpractice case. This involves gathering extensive evidence to prove both negligence by the provider and the full extent of damages suffered by the patient.

Some key evidence our attorneys use to build strong malpractice cases includes:

  • Medical records - Charts, lab reports, and other records offer clues about what went wrong and what information providers overlooked or misinterpreted. Records spoliation where documents go missing can also bolster the case.
  • Expert testimony - Respected doctors are hired to review records and provide opinions on exactly how the provider breached the standard of care. Their depositions and trial testimony are crucial for establishing negligence.
  • Scientific studies - Peer-reviewed studies help establish standards and protocols providers should follow. We show how they failed to adhere to these evidence-based practices.
  • Guidelines from professional organizations - Groups like the American College of Surgeons publish guidelines that represent the medical standard of care. Deviation from them can prove negligence.
  • Federal and state regulations - Violating statutes like HIPAA, CMS or FDA regulations helps build a negligence per se claim.
  • Photographic and video evidence - Images of injuries, scene evidence, and reenactments can powerfully convey negligence to a jury.
  • Bills, receipts, and records - These establish economic damages like past and future medical costs, lost wages, and other expenses stemming from the provider’s errors.
  • Testimony on non-economic damages- Friends, family, witnesses, and experts can provide testimony on the toll in terms of pain, emotional distress, and reduced quality of life.

Securing persuasive evidence takes knowledge and resources that reputable medical malpractice firms have. Relying on subpar proof leads to problems later. The attorneys at Moseley Collins Law fully prepare every aspect of our cases before moving forward. We welcome the opportunity to put our extensive experience and resources to work for you.

Injury Attorney Damages Available in Medical Malpractice Claims

In medical negligence cases with successful outcomes, the monetary compensation generally includes:

Economic Damages
  • Medical expenses – All costs for hospitalization, procedures, rehabilitation, prescription medications, therapies, in-home nursing care, medical equipment, and ongoing related needs.
  • Lost income – If injuries prevent you from working, you can sometimes recover compensation for lost wages. Decreased earning capacity may also be factored in.
  • Loss of household services – If injuries prevent you from performing household duties, the cost of hiring help can be claimed.
  • Other out-of-pocket expenses – Costs like medical transport, follow-up medical care, prescription drugs, and modifications to accommodate disabilities all fall under economic damages.
Noneconomic Damages
  • Pain and suffering – Compensation for the physical pain, discomfort, and mental anguish experienced due to the provider’s negligence.
  • Loss of enjoyment of life – Payment for the toll on quality of life, such as inability to participate in favored activities.
  • Loss of consortium – If injuries impair intimacy or the ability to provide love and companionship to a spouse, they may have a claim for this loss.
  • Emotional distress – Damages related to emotional harm like depression, anxiety, trauma, embarrassment, fear, and other effects.

The total value of successful medical malpractice claims often reaches millions of dollars. This accounts for all facets of what victims and families endure—not just medical costs, but long-term impacts on employment, relationships, emotional health and quality of life. With an experienced attorney, aggressively seeking maximum compensation, you can focus on healing while trusting your future is secured.

Moseley Collins Law Legal Community Why Choose Moseley Collins Law for Your Medical Malpractice Case?

Selecting the right attorney makes all the difference in these complex cases. Factors that set Moseley Collins Law apart include:

We Have Strong Connections to Medical Expert Witnesses

We work with a nationwide network of respected physicians who provide opinions on the medical standard of care. Their testimony is key in proving negligence or wrongful death.

We Have the Resources to Handle Large, Complex Cases

Not every firm can finance big cases. Our substantial experience and resources enable us to thoroughly litigate and bring substantial claims to trial. We level the playing field against powerful hospital systems.

If you want accomplished Portland medical malpractice lawyers with the skills and firepower to successfully take on your case, choose Moseley Collins Law. Contact us for a free consultation.

Best Law Firms Take Action Today

Have you been injured due to possible medical negligence? The seasoned Portland medical malpractice attorneys at Moseley Collins Law encourage you to schedule a free consultation. We will evaluate your situation, explain your legal options, and provide skilled guidance. With us as your fierce advocates, you don’t have to bear the burden alone.

Don’t wait to call 800-426-5546 to speak with our compassionate team. Timing is critical, as statutes of limitations apply. We offer transparent, honest counsel and proudly advocate for those harmed by subpar medical care. You deserve justice. Contact us today to start uncovering what went wrong and seeking maximum compensation.

Attorney John Kinney

1012 SW King Ave, Suite 104

Portland, OR 97205

Phone: (503) 210-1990

Client Reviews
"When I was injured I felt truly hopeless. I didn't know where to turn when I was released from the hospital. Luckily, I remembered your phone number and I called you. You won a nice settlement for me. Thank you!" Charles T.
"May God bless you always, Moseley and your wonderful staff. You all were there for us when we needed it most. We are forever grateful." Tina N.
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