Accomplished legal representation
for medical malpractice injuries
People trust their doctors and other health care professionals to take proper care of them when they are sick or injured. When the treatment provided by a medical professional does not meet a generally accepted standard of care, a patient might be entitled to recover damages for any injuries it causes. Lawyer Jacob Johnstun at Johnstun Injury Law LLC has the knowledge and experience to evaluate the circumstances under which a person suffered harm and determine if a medical malpractice claim exists.
The distinction between accepted risk and malpractice
A physician can do everything correctly in treating a patient and not have the person get better. Adverse results from medical treatment may occur even with an accurate diagnosis and treatment regimen. Only an evaluation by a personal injury attorney can determine if the facts of a particular case support a claim of malpractice or negligence on the part of the health care professionals.
There are many things that can happen during the course of treatment of a patient that could be forms of malpractice. Some of the more common examples include:
- Surgical errors, including wrong-site surgeries
- Delayed diagnosis
- Medication errors
- Birth injuries
Proving malpractice can be extremely difficult and requires a thorough knowledge of Oregon statutes and case law. A lawyer taking on the investigation of a medical malpractice claim must utilize experts in the medical field both to determine if there was negligence and to prove it at trial.
Standard of care expected of medical professionals
The law uses a standard of care by which to measure the treatment and care provided by a health care professional. The standard is based upon the care expected under the same circumstances from a reasonable medical professional practicing in the same specialty. Doctors committing errors that deviate from the standard of care may be responsible for the harm they cause to their patients.
Lack of informed consent from a patient can lead to claims for compensation when injuries occur. State law requires doctors to inform patients of the risks, benefits and alternative treatment options before performing a medical procedure. A doctor could be liable for harming a patient during a procedure if the patient was not properly informed of the risks. This could also be the case when a doctor performs procedures outside of the scope of the consent obtained from the patient.
Losing the right to sue a negligent doctor
The Oregon statute of limitations, the time within which patients must sue for malpractice or lose their right to compensation, is two years from the date of injury. It could be longer in situations in which the exact nature of the injury and its cause are not immediately apparent. This is why it is essential to get legal advice from an experienced medical negligence attorney as soon as possible.
Learn how an attorney can help
At Johnstun Injury Law LLC, St. Helens personal injury attorney Jacob Johnstun is relentless in his pursuit of compensation for people injured through medical negligence. Schedule a FREE consultation and case evaluation today by calling 503-610-5399.