Oregon Medical Malpractice Legal Questions

If you have specific information that the events were triggered by excessive pain medication, then you may have a case worth investigating, but atrial fibrillation following surgery can be a difficult situation to deal with because doctors have to balance the need for blood thinners against the possibility of post-op bleeding, and they are often between a rock and a hard place. I recently litigated a case involving the development of post-op atrial fibrillation, but the allegation in my case was that the doctors should have prophylactically bridged my client with anticoagulants before the surgery because he was at risk for developing atrial fibrillation while off anticoagulants.  If you want to investigate a case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Click here to review articles that I have published. Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Click here for my website.  ... Read Answer

I am so sorry to hear about the passing of your daughter.  Regarding obtaining her medial records, you may be able to obtain them.  You can submit a request to the hospital and see if they allow you to obtain them as her parents.  If they do not, they may require the next of kin (her husband) to obtain them.  Has an estate been opened in her name?  If so, the administrator of her estate can likely also request them.   I do not practice law in the state of Oregon so I cannot say what the statute of limitations is.  However, it is likely anywhere from 1 year to 3 years.   I recommend you work on obtaining her medical records and calling local attorneys to see if you can get a free consultation that would include a review of her medical records.   A local attorney will be able to better advise you as to any state specific laws and requirements.  I also recommend you discuss this with her husband.  Best of luck! NOTE:  This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or has been formed.  ... Read Answer

If you can prove that the injury to the nerve was due to a surgical mishap, then you have a case worth investigating. Nevertheless, it is difficult to prove that a nerve injury in the course of hip surgery was due to cutting a nerve, and a few other things can cause nerve damage that do not amount to negligence.  If you want to investigate a case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here and here for more information about me. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com. ... Read Answer

With a positive MRI before and after the surgery, it sounds like you have a pretty solid malpractice claim. The question will be whether the case is financially viable. If the subsequent surgery corrected the problem, you may not have sufficient damages to warrant the time and expense of a malpractice case. The articles below explain this concept in further detail.  If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine. Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Click here for my website. ... Read Answer

Eptopic pregnancies can happen in the absene of negligence, but they can also be a result of a negligently performed tubal ligation. If it is the later case, you have a negligence claim, not a claim based on a failure to give informed consent. Informed consent cases are very difficult, and in most circumstances a lawyer would prefer to prosecute a negligence claim.  To know whether you have a viable malpractice case, an attorney is going to have to secure the medical records and ascertain why the eptopic pregnancy occurred.  You should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here and here for more information about me. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com. ... Read Answer

It sounds like you have a case that should be investigated. The question in these cases is who is at fault. It can be the maker of the radiation equipment hardware, the software company that programmed the amount of radiation that the device delivers, the technician who runs the machine and actually delivers the radiation, the people who are responsible for making sure the radiation machines are properly calibrated to deliver correct doses of radiation or the oncologist. If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine. Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here and here for more information about me. Good luck. [Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com]... Read Answer

Medication errors are very common. Whether an attorney will investigate a medical malpractice case as a result of a medication error caused lasting harm for the patient. Many times a patient will suffer minor harm from a medication mistake because they quickly notice something is amiss when they experience side effects from the medicine, and stop taking it and contact their health care provider, and the mistake is uncovered. If you suffer lasting harm from a medication error, and you want to investigate a medical malpractice case you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here and here for more information about me. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com. ... Read Answer

You may have a medical malpractice case worth investigating if all of your present complaints are related to the surgical mishap. At face value, it sounds like some of them may not be.  If you want to investigate a medical malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here for more information about me. Click here for more information about my firm. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com. ... Read Answer

Generally you would not expect a hardware failure so quickly after the surgery. You should contact a local medical malpractice attorney (one in your state).  He can review the records from both surgeries to attempt to ascertain whether the hardware was installed negligently. You should also secure all radiographic films taken of your spine because they may reveal misplaced hardware. Medical malpractice attorneys take cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here for more information about me. Click here for more information about my firm. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com.... Read Answer

It certainly sounds like the doctors were negligent in failing to do a cancer work-up, although you would expect the blood tests to trigger that kind of follow-up and it is curious that they did not. That aside, you should contact a local medical malpractice attorney (one in your state). Medical malpractice attorneys work on a contingent fee basis, which means they only get paid out of the proceeds of the lawsuit if you win. They provide free initial consultations. Sometimes an attorney will ask you to pay a "retainer" to cover the some of the expenses of a case, this is an issue that varies from office to office. I think the big problem in your case is going to be proximate cause. In layman's terms, to win your case you will have to prove that the four month delay in diagnosis would have changed the outcome. When you were diagnosed with cancer, it was already metastatic, and that suggests you had pretty advanced cancer already. Below are some articles that you may find helpful. Although they are written for my clients in New Jersey, most of the concepts carry over to other jurisdictions. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. Click here for an article that explains what you can expect when filing a medical malpractice case. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway.... Read Answer

I am sorry to hear about these problems.  What you will probably need to do is go see a new doctor that can help you confirm that your nerve was damaged in the process of the spinal tap. You will also need to talk to a new doctor about whether the first doctor did damage the nerve and if that is a likely risk when a spinal tap is performed.  What you will need to confirm is that the damaging of the nerve was below the standard of care for a spinal tap -- that nerve damage should not have happened if standard care procedures were followed.  It may be that nerve damage is a risk of a spinal tap that you were warned about prior to the procedure - I am not sure.  You should talk to other doctors about this and get more information regarding how the procedure should have gone.  Malpractice cases are very difficult. This is because most state laws make it difficult to sue a doctor or other health-care provider.  Most states even require that you have an expert witness employed who has agreed to testify against the first doctor saying that the doctor fell below the standard of care by damaging a nerve in your spine when performing the spinal tap.  Expert witnesses are often hard to find and are usually expensive.  These cases are expensive and time consuming.  With all that said, I would talk to other doctors about this first.  If it is something you still want to proceed, you should collect your medical records from all doctors and hospitals regarding this matter and call local attorneys who handle medical malpractice cases.  You should try and get a consultation (most are free) and they will likely want to review your medical records before letting you know if they think they can help you.  It is likely that you are limited to 2  years from when the nerve was damaged to bring a suit or action against the doctor - so keep this time limitation in mind.  A local attorney will be able to assist you further with explaining state laws that would be particular to your potential case.  Best of luck. NOTE:  This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or is formed by this response.  ... Read Answer

If is very hard to prosecute a medical malpractice case for a staph infection. Nevertheless, if someone was performing aspirations cultures probably should have been performed when that was occurring. You may have a malpractice case, but I am not sure it is against the hospital. Speak to a reputable  OR attorney who specializes in medical malpractice. ... Read Answer

Hello Joanna:While periods of time to appeal a Board decision are limited, it would behoove you to contact the Oregon State Bar Referral Service and ask for an attorney specializing in Administrative Board actions. They may be reached at 503-684-3763. This response is general in nature and is not legal advice.  No attorney client relationship is formed by it.  Further, the response does not represent the opinions or views of LexisNexis or its affiliated companies.... Read Answer

It is possible that you may still have an opportunity to file a lawsuit.  In most states the statute of limitations does not begin to run until you know if the injury and/or damages it has caused.  The laws regarding medical malpractice/negligence and statues of limitations vary from state to state so it is best that you check your state laws to be sure.  I recommend that you gather all your medical records and then make an appointment to discuss it with a medical malpractice attorney in your area.  You should be able to get a free consultation without a problem but most attorneys will want to look at your medical records during this consultation to determine if they can help you.  The attorney will be able to give you more advise on your state laws regarding medical malpractice and the statute of limitations regarding this issue. I hope this information helps you. Best of luck! NOTE:  This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or is formed by this information.  ... Read Answer

There are many issues to look at when considering a medical malpractice claim. The statute of limitations (the time within which you must act or forfeit your claim) is two years from the date the injury was discovered or reasonably should have been discovered. (ORS 12.110(4).  As two years have passed since the November 2009 surgery, you look to when the negligence was discovered then the clock runs from that point. Under no circumstances shall the limitations exceed five years. This is called the Statute of Ultimate Repose. (ORS 12.110(4)). It sounds as though there may be continuing negligence as recently as May, 2011, just a couple of months before your post. You may contact www.lawyers.com for a referral or call the Oregon State Bar Referral Service at (503) 684-3763 for a referral. This response is general in nature and is not legal advice.  No attorney client relationship is formed by it.  Further, the response does not represent the opinions or views of LexisNexis or its affiliated companies.... Read Answer