Available 24/7 Free Consultations
(503) 272-8986
Request Free Consultation

Portland Medical Malpractice Attorney

It is natural to trust your physician with your care. After all, your doctor has years of education, training, and experience. You should also be able to trust your well-being to a hospital or another health care center in Portland. Unfortunately, not all providers abide by the medical industry’s standards of care. Lapses in judgment and acts of medical negligence can lead to injuries and harm to patients.

If you or a loved one is an injured patient due to medical negligence and you believe your doctor or the facility did not properly handle your care, you might have grounds for a medical malpractice claim. At Tillmann Law, our law firm proudly represents clients during medical malpractice cases. Get honest answers to your legal questions today during a free consultation with ane experienced Portland medical malpractice attorney.

Why Choose Our Portland Medical Malpractice Lawyers?

  • We take the time to really listen to our clients. Your goals are our goals at Tillmann Law. We will keep you informed through each step of your medical malpractice case.
  • We always strive for maximum recovery. We work hard for our clients to achieve the maximum possible compensatory awards.
  • We have former insurance claims professionals on our staff. Our insider perspective of how insurance companies work can help with your claim.
  • We take medical malpractice claims in Portland on a contingency fee basis. You will only receive a bill for our services if we win your case.

Schedule a free case evaluation today, we will give you your legal options if you were injured due to medical negligence. Call (503) 272-8986

What Is Medical Malpractice Lawsuit?

Medical malpractice is a type of claim in the field of civil law. It refers to a health care provider or professional failing to fulfill his or her duties of care, resulting in harm to a patient. Under Oregon’s medical malpractice laws, that patient will then bear the right to file a civil claim to damages against the at-fault entity. A medical malpractice claim in Portland could involve many different examples of health care practitioner breaches of duty.

  • Medication mistakes
  • Surgical errors
  • Anesthesia mistakes
  • Misdiagnosis or failure to diagnose
  • Failure to treat
  • Improper patient care
  • Lack of informed consent
  • Birth injuries

Whether you know what type of medical malpractice impacted you or a family member or you need a Portland medical malpractice attorney to investigate, Tillmann Law can help. We have investigators who can look into your health care experience and search for signs and evidence of malpractice. Then, our Portland medical malpractice attorneys can take over an insurance claim or injury trial on your behalf, if applicable.

Who Is Liable in a Medical Malpractice Case?

Naming the correct defendant is one of the tasks our medical malpractice lawyers can handle for you. Liability can be tricky during these types of claims. The liable party will depend on the status of the person responsible for causing you harm. If it was a surgeon that made a harmful error during an operation, for example, your medical malpractice lawyer will need to look into whether the surgeon was an employee of the surgical center or working as an independent contractor.

Healthcare Centers

Health care centers, hospitals, and emergency rooms in Portland will be vicariously liable for the actions of their employees, in most cases. If the medical professional who injured you is an employee, you may be able to bring a claim against the entire health care center. This could lead to better compensation than a claim against the individual alone. An individual claim might be your only choice, however, if the at-fault party was an independent contractor. Either way, your lawyer can help you file a claim by Oregon’s deadline with the appropriate insurance company.

Defective Medical Devices

Another potential party liable for your damages is the manufacturer of a defective medical device. Defective medical products include many different medications, hip implants, breast implants, pacemakers, surgical robots, and medication dispensers. If a defective or dangerously designed piece of equipment caused your injuries or a loved one’s death, the manufacturer might be liable for damages.

What types of damages can be recovered in a medical malpractice case?

Once you identify the liable party, calculate a fair and appropriate compensatory award. This will be the amount you write in your initial demand letter – the amount of money you are demanding from the defendant to settle your case. A fair demand can help you obtain a reasonable amount for your damages from the defendant. It can also encourage the defendant to treat your claim fairly. Our Portland medical malpractice attorneys can help you request a reasonable amount from a health care provider in Portland.

  • Past and future medical bills
  • Lost income
  • Disability expenses and lost future earnings
  • Pain and suffering
  • Emotional injuries
  • Legal expenses
  • Punitive damages

Every medical malpractice claim is unique. Learning the value of yours might require help from an attorney. The lawyers at Tillmann Law can analyze your case for free in Portland. We will ask about your experience, assess your damages, and give you an accurate estimate of how much we believe your case could be worth. If we accept you as a client, we can then help you negotiate for a fair amount from the defendant’s insurance company.

How to Prove a Medical Malpractice Lawsuit

To prove a case of medical malpractice, you will need to gather sufficient evidence to prove the at-fault healthcare provider’s negligence. Specifically, you and your lawyer will need to establish the following four elements.

Duty of Care

The at-fault medical professional must owe you a duty of care at the time of the act of negligence. All healthcare providers owe a duty to provide a certain standard of care for patients they treat in a formal capacity, such as a hospital or clinic. You can prove duty of care with evidence that establishes this formal relationship, such as medical records.

If the at-fault party did not provide you with formal care, you cannot establish duty of care and are unable to file a lawsuit. For example, if you ask a doctor friend for advice while visiting him or her for dinner, your friend would not be liable for any injury you sustain while following that advice. If you visit the friend at his or her clinic and receive treatment from him or her, he or she would be liable. 

Breach of Duty

After establishing the duty of care, you will need to prove that the at-fault party breached this duty through a negligent act or failure to act. You will need to show that the at-fault party’s actions deviated from what a similarly trained and reasonable healthcare professional would have done in the same situation.

For example, say that you visit a hospital with symptoms of a heart attack, such as chest tightness and a shooting pain in your left arm. A reasonable physician would order tests to rule out the possibility of a heart attack. However, the physician treating you failed to order these tests and instead diagnosed you with acid reflux. This would be an example of a breach of duty.

Causation

Once you establish the breach of duty, you must prove that the at-fault party’s actions caused your injuries and subsequent damages. You must establish that you would not have sustained your injuries if the at-fault party had simply upheld his or her duty of care.

Using the heart attack example, say that you leave the emergency room and later collapse after your heart fails. You sustain serious brain damage due to oxygen loss, which could have been avoided if you had received prompt treatment and the right diagnostic tests. However, the physician failed to correctly diagnose your condition, leading to worsening symptoms and a more negative outcome than you would have received previously. 

Damages

Finally, you will need to prove that you sustained damages due to the medical malpractice that you can collect in your lawsuit. You can use multiple pieces of evidence to establish damages, including medical bills, invoices, paystubs, correspondence with your employer, and expert witness testimony.

How Long Do I Have to File an Oregon Medical Malpractice Lawsuit?

If you believe that you qualify for a medical malpractice lawsuit, it is important to speak with an attorney as soon as possible. Oregon’s statute of limitation rules impose a strict deadline on medical malpractice claims. If you do not file your claim within two years of the malpractice or the date you discovered the malpractice, the court will likely dismiss your case. Speak to a lawyer at Tillmann Law to identify your filing deadline and protect your right to compensation.

What Can I do If I Suspect Medical Negligence?

Medical malpractice happens in hospitals around the US every day. Physicians, surgeons, and nurses make preventable mistakes that lead to critical injuries, illnesses, and infections for unsuspecting patients. If you believe you are the victim of medical malpractice, start collecting information and evidence. Document as much as you can about your experience.

Write down what happened, including details such as names, locations, and dates. Take photographs of any injuries. Collect copies of all medical records, reports, and lab results. Then, take your case file to the attorneys at Tillmann Law for a free overview. We can help you take the correct steps toward obtaining compensation if you have grounds for a medical malpractice claim in Portland.

Contact a Portland Medical Malpractice Attorney | No Fees Unless We Win

Medical malpractice can lead to injuries such as nerve damage, brain injuries, spine injuries, internal organ damage, permanent disabilities, serious illnesses, and wrongful death. At Tillmann Law, our Portland injury lawyers are passionate about bringing negligent health care practitioners and centers to justice. We stand by Portland’s patients during all types of medical malpractice claims. Find out how we may be able to help you and your family during this difficult time. You could be eligible for financial compensation. Call (503) 272-8986 or contact us online today to schedule a free initial consultation.