Oregon Complaint for Medical Malpractice regarding Surgical Procedure
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How to fill out Complaint For Medical Malpractice Regarding Surgical Procedure?
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FAQ
Some examples of medical errors are: Failing to diagnose or delaying the diagnosis of a patient. Performing an unnecessary surgery. Operating on the wrong body part. Leaving a foreign instrument inside of a patient's body. Prescribing or administering the wrong dose of medication.
Legal malpractice is the failure of a lawyer to represent a client in a way that conforms with the legal standard of care in the community. Note that not every bad result or error in judgment is legal malpractice.
A medical malpractice case focuses on injuries caused by negligent treatment. A patient's negligence that created the injury/condition is not considered. However, a patient's conduct that affects treatment may be considered.
The injured patient must show that the physician acted negligently in rendering care, and that such negligence resulted in injury. To do so, four legal elements must be proven: (1) a professional duty owed to the patient; (2) breach of such duty; (3) injury caused by the breach; and (4) resulting damages.
Oregon does not have a cap on the amount of economic and non-economic damages that you are able to recover during a medical malpractice case. However, if the medical malpractice case is predicated upon a wrongful death action, non-economic damages are limited to $500,000.
Physician conduct/unprofessional conduct complaints are complaints that allege concerns about breach of confidence, record alteration, filing fraudulent insurance claims, misleading advertising, failure to sign death certificates in a timely manner, failure to provide medical records to a patient, patient abandonment, ...
Oregon does not have a cap on the amount of economic and non-economic damages that you are able to recover during a medical malpractice case. However, if the medical malpractice case is predicated upon a wrongful death action, non-economic damages are limited to $500,000.