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Malpractice
Malpractice refers to the professional negligence by care professionals or providers in which the treatment provided was substandard and caused injury or death to a patient. In the case of medical or dental malpractice, the error may have been a negligent act or an act of omission. Malpractice law may also come into play in the case of nursing home neglect.
When evaluating whether or not you have a malpractice claim, it’s important to note that an unsuccessful or imperfect result does not necessarily constitute malpractice. Instead, the care provider’s degree of care, skill, or diligence must fall below the average standard of care in the community for the same or similar circumstances.
What can an attorney do?
Malpractice, especially medical, is notoriously difficult to prove without the help of an attorney. A malpractice lawyer has the experience and legal expertise to help you navigate your Oregon malpractice claim, including:
- Gathering evidence, including medical records
- Taking the case to trial, if necessary
- Hiring expert witnesses, if necessary
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Common Medical Malpractice Claims
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An Example of a Clear Cut Medical Malpractice Case
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What is the Basis for Most Medical Malpractice Claims in Oregon?
Medical Malpractice
Medical malpractice occurs when a healthcare professional or provider’s failure to meet the established standard of care results in the injury or death of a patient. To prove medical malpractice, the plaintiff must prove that the defendant owed them a duty, that the defendant breached that duty, and that the breach of duty caused harm to the plaintiff. These types of cases are often difficult to prove because of the complexity of the evidence involved and the interests of the healthcare professionals in question.
You may benefit from the help of a medical malpractice attorney if you’ve experienced any of the following in Portland, Albany, or Corvallis:
Medical malpractice refers to the professional negligence by healthcare professionals or providers in which treatment provided was substandard, and caused injury or death to a patient. In the case of medical malpractice, the error may have been a negligent act or an act of omission. When evaluating whether or not you have a medical malpractice claim, it’s important to note that doctors don’t commit malpractice just because their efforts were unsuccessful or were not perfect; the doctor’s degree of care, skill, or diligence must fall below the average standard of care in the community for the same or similar circumstances. Medical malpractice can include, but isn’t limited to:
Dental Malpractice
Malpractice can occur in the dental field as well. From diagnostic or treatment errors to harm caused by a procedure or implant, dental malpractice cases can be just as complex and challenging as medical malpractice cases. If you’re pursuing a dental malpractice case in Oregon, a malpractice attorney can answer your questions about the following:
Dental malpractice refers to the professional negligence by a dentist or oral surgeon in which treatment provided was substandard, and caused injury or death to a patient. In the case of dental malpractice, the error may have been a negligent act or an act of omission. When evaluating whether or not you have a dental malpractice claim, it’s important to note that dentists don’t commit malpractice just because their efforts were unsuccessful or were not perfect; the dentist’s degree of care, skill, or diligence must fall below the average standard of care in the community for the same or similar circumstances. Dental malpractice can include, but isn’t limited to:
Nursing Home Neglect
Nursing home neglect, also referred to as elder neglect or nursing home negligence, most commonly occurs when a resident doesn’t receive proper medical, physical, or emotional attention. In some cases, neglect may escalate into physical or emotional abuse. The most common underlying causes of nursing home neglect and/or abuse are inadequate staffing, training, and medical treatment. Malpractice attorneys like those at Nelson Macneil Rayfield have the experience necessary to support those affected by nursing home neglect, including:
Nursing home neglect, also referred to as elder neglect or nursing home negligence, most commonly occurs when a resident doesn’t receive proper medical, physical, or emotional attention. In some cases, neglect may escalate into physical or emotional abuse. The most common underlying causes of nursing home neglect and/or abuse are inadequate staffing, training, and medical treatment. Our nursing home attorneys see the following types of injuries stemming from nursing home negligence and abuse:
What Makes Us Different
With over 70 years of collective legal and trial experience, our malpractice lawyers will answer your questions at no cost, help point you in the right direction, or if need be, represent you and your malpractice claim in court. A successful claim requires a lawyer who understands the intricacies of a malpractice case, ranging from thoroughly investigating the claim to understanding the state-by-state regulations for filing.
Finding a reputable malpractice law firm with attorneys who are understanding, compassionate, and willing to fight on your behalf is essential. When choosing a law firm to handle your malpractice case, look for:
- Experience you can trust
- Specialty in malpractice litigation
- Satisfied clients
- Fair fee structure
- Ethics
- Responsiveness
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Most Commonly Asked Questions
How can I tell if I have a malpractice claim?
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Must I file a claim within a certain length of time?
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I don’t want to file a lawsuit. Can I handle the claim myself?
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How can I make sure this doesn’t happen to anyone else?
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