Medical Malpractice Lawyers

    OlsenDaines lawyer working on laptop next to gavel and stethoscope symbolic of Medical Malpractice lawsuits.

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    Dealing with the aftermath of medical malpractice can completely change your life. Our medical malpractice attorneys understand what you’re going through

    At OlsenDaines, we can help you get the justice and compensation you deserve. Our medical malpractice lawyers have an extensive track record of representing clients who have been involved in medical malpractice incidents. From surgical errors to birth trauma, nursing home negligence to prescription mistakes, wrongful death, and much more, we have the experience to guide your case to a successful resolution.

    Call us today to schedule a free consultation with a medical malpractice lawyer in Oregon and Washington. We work on a contingency basis, so you won’t pay us until we win or settle your lawsuit.

    When Do You Need a Medical Malpractice Attorney?

    When a healthcare provider fails to meet an accepted standard of care and it results in harm to you or a loved one, that’s medical malpractice. These kinds of cases are often complicated – both in terms of the legal complexity and the emotional toll you carry – so we recommend meeting with a medical malpractice lawyer as soon as possible to discuss your options. 

    In both Oregon and Washington State, medical malpractice can take many forms. This is by no means an exhaustive list, but if you’ve been harmed by any of these common examples, you should speak with a lawyer to discuss your options:

    • Surgical Errors: Examples can include operating on the wrong body part or leaving surgical instruments inside a patient.
    • Unnecessary Surgery: It happens more often than you might think – patients have surgery performed that is later revealed to be not medically necessary.
    • Misdiagnosing Ailments: This can include getting the wrong diagnosis, failing to diagnose entirely, or significantly delaying a diagnosis that leads to worse outcomes.
    • Medication Mismanagement: Prescribing the wrong medication, incorrect dosages, or failing to account for dangerous drug interactions.
    • Hospital-Acquired Infections: Patients go to the hospital for a routine or minor procedure and leave with an infection or disease that was worse than their initial diagnosis.
    • Birth Injuries: Trauma to the mother or child during delivery due to negligent care, improper use of delivery tools, or failure to respond to fetal distress.
    • Anesthesia Mistakes: Administering too much or too little anesthesia, or failing to review a patient’s medical history for potential complications.
    • Emergency Room Failures: In emergency room care, stakes are often high and there’s a rush to see the next patient. This can easily result in negligence and errors. Common examples include misreading test results, patient dumping, and caregiver neglect.
    • Poorly Administered Treatment: Patients receive timely treatment, but end up with long-term issues as a result of the treatment. An example is a broken bone that’s set incorrectly and heals improperly, leading to muscle and joint pain.
    • Lack of Informed Consent: Your healthcare provider must explain the risks of a procedure beforehand. Even if the procedure was performed correctly, if you were harmed by an undisclosed possible complication, you may have a case.
    • Wrongful Death: When negligence results in the loss of a loved one, you deserve accountability and compensation for funeral expenses, loss of future income, and pain and suffering.

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    How OlsenDaines Can Help You

    Navigating a medical malpractice case can be overwhelming. It’s not just the complex legal questions and deadlines – you’re also likely dealing with the physical and emotional toll of an injury at the same time. 

    Here at OlsenDaines, we are dedicated to providing unwavering support and thoughtful guidance for anyone dealing with the fallout of medical malpractice. We’ll stand up for you to the insurance companies, build the strongest possible case, negotiate on your behalf, and when push comes to shove, we’re prepared to fight for you in court.

    • Accurate Claim Valuation: Beyond immediate hospital bills, we calculate future rehabilitation, lost earning capacity, and non-economic damages like pain and suffering, ensuring your claim is not undervalued.
    • Clinical Investigation and Evidence Preservation: We have the resources to subpoena medical records, secure surgical logs, and hire board-certified medical experts to review standards of care before evidence is modified or lost.
    • Finding and Vetting Medical Experts: Malpractice lawsuits often require a thorough review by a qualified medical expert before or shortly after filing.
    • Counteracting Hospital and Malpractice Insurer Tactics: Do not sign anything before you talk with us. Insurance companies will try to control the course of your case. We understand the tactics hospitals, doctors, and insurance companies use to minimize their liability. Your attorney acts as a shield against hospital administrators and risk management adjusters trained to minimize payouts. We handle all communications to protect the value of your malpractice claim.
    • Managing Legal Deadlines: Your attorney ensures you don’t miss any filing requirements or statutes of limitations.
    • Better Settlement Potential: Patients with specialized legal representation receive significantly higher payouts. Malpractice insurers know we are prepared to take complex medical testimony to trial.
    • Trial Expertise: If your lawsuit goes to trial, we’ll fight tirelessly and do everything in our power to ensure you win.
    • Focus on Recovery: Handing off the “legal headache” allows you to prioritize corrective medical treatment and physical healing while your advocate handles the complex malpractice paperwork.

    Get the Compensation You Deserve

    If you think you’ve been harmed by a case of medical malpractice or negligence, we want to talk to you. We’re here to answer all of your questions and help you sort through the details.

    With our experienced medical malpractice lawyers on your side, you have the best chance of receiving the compensation that you deserve. Give us a call or email us today if you have questions about medical malpractice in Oregon and Washington, or you’re ready to schedule your free consultation.

    Our medical malpractice attorneys work on a contingency basis, so you won’t pay us anything until we win your case.

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    Medical Malpractice Lawsuit FAQs

    Do you have questions? We have answers. Medical malpractice and medical negligence is a complicated field – and the details always matter. The FAQs below are intended as general guidelines for medical malpractice in Oregon and Washington – and not specific legal advice for your case. For more general information about the legal process, be sure to check out our Personal Injury FAQs.

    If you don’t find the information you’re looking for or you need specific guidance about your situation, please contact us for a free legal consultation.

    To succeed in a medical malpractice lawsuit in Oregon and Washington state, you must establish four key things with evidence:

    • Duty of Care: The healthcare provider had a professional obligation to treat you according to accepted peer-reviewed medical standards.
    • Breach of Duty: The provider failed to meet that standard of care through action or inaction.
    • Causation: The provider’s breach directly caused your injury or worsened your condition.
    • Damages: You suffered measurable harm, such as physical injury, emotional distress, additional medical bills, or lost income.

     

    Negligence is a broader legal term that refers to a failure to exercise reasonable care that results in harm to another person. Malpractice is a specific type of negligence that applies to licensed professionals, including healthcare providers.

    In Oregon and Washington, the statutes of limitations for medical malpractice cases are slightly different. There are also different types of deadlines:

    • Standard Deadline: This is the date from when the malpractice or negligence occurred, was discovered, or should have reasonably been discovered. In Oregon, the standard deadline is two years. In Washington, it’s three years.
    • Statute of Repose: This is the hard cut-off date, after which medical malpractice lawsuits cannot be filed, even if they weren’t discovered until long afterward. (There are exceptions to the discovery rule such as if evidence of malpractice or negligence was concealed). In Oregon, the statute of repose is five years. In Washington, it’s eight years.

       OregonWashington
      Standard Deadline2 years from discovery.3 years from act (or 1 year from discovery).
      Statute of Repose5 years maximum from date of act.8 years maximum from date of act.
      ExceptionsFraud/Deceit: Extends the 5-year repose.

      Foreign Objects: No 8-year limit applies.

      Concealment: No 8-year limit if fraud is proven.

    You may still be able to file a claim. Under the “Discovery Rule,” the deadline is considered from the date you discovered (or reasonably should have been expected to discover) your injury – not the actual date it took place.

    However, both Oregon and Washington have a hard statute of repose rule that can override the discovery rule, so be sure to have your lawyer review your timeline as soon as possible.

    On average, a medical malpractice case that goes to trial can take about two to four years to resolve. They take a bit longer than standard insurance claims and other types of personal injury cases due to the extensive medical record reviews and expert testimony required.

    While we strive for a fast and efficient resolution, we always prepare every case as if it will go to trial.

    In many cases, both parties can be sued. Hospitals can be held liable for the negligence of their employees, as well as systemic issues like understaffing, inadequate training, or failure to uphold sanitary standards. We will investigate all parties involved in your care to identify all sources of accountability.

    Pursuing a medical malpractice case can absolutely be worth it, especially when you’ve suffered significant injuries, lasting disabilities, or lost a loved one.

    Compensation can cover medical expenses, lost wages, pain and suffering, and future care needs. Additionally, holding negligent healthcare providers accountable can help prevent similar mistakes from happening to others.