What do you do when a healthcare provider or hospital that you’ve entrusted with your well-being causes more harm, injuries, or even loss of life? 

The law protects victims of medical malpractice by allowing them to pursue compensation for all resulting damages. If you suspect that a healthcare specialist is somehow responsible for you or your loved one’s injuries, evaluating your case with a Portland medical malpractice lawyer from Craig Swapp & Associates can offer clarity. 

What Is Medical Malpractice?

Medical malpractice occurs when a doctor or other healthcare specialist’s negligent acts or failure to act harms a patient. Such errors can occur in any stage, including diagnosis, prescription, during a medical procedure, or after-treatment care.  

Some examples of malpractice that you can sue for include: 

  • Failure to obtain informed consent from the patient or their medical representative
  •  Surgical operation on the wrong body part
  • Leaving surgical tools in the body 
  • Failing to diagnose and misdiagnosing
  • Prescribing incorrect drugs or dosage
  • Failure to obtain patient’s medical history
  • Contracting a hospital-acquired infection

Do I Have a Medical Malpractice Case?

If any of the above or other medical errors have happened to you or your loved one, you may have a malpractice case. 

Your attorney will collect all forms of evidence to prove these four elements of negligence:

  • A Doctor-Patient Relationship – For a doctor or hospital to be liable for your injuries, a doctor-patient relationship must have existed. This way, the defendant owed you a duty of care to act within the standard care guidelines. 
  • How the Negligence or Omission Occurred – Show how the other party(s) breached this duty of care by providing substandard care, acting negligently, or omitting a required action. 
  • Causation Relationship – You and your lawyer may need to prove that the negligent acts caused your injuries or illness. A medical expert’s testimony will come in handy at this point.  
  • Proof of Damages – Show that the malpractice left significant damages on the victim and their loved ones. These include incurred medical expenses, future treatment costs, long-term care, wages that you’d have earned during this period, losing the ability to make a living, among others. 

Filing Your Medical Malpractice Claim on Time

Filing a medical malpractice claim requires you to do so within a particular period, or it may be barred by the court. This law is known as the statute of limitations. 

In Portland, you have a maximum of two years from when the injury happened or should have been discovered. Remember, some damages from medical mistakes might take years to become apparent. 

In case of wrongful death from medical malpractice, the deceased’s survivors or estate representative has three years to bring forward a claim.

Get Help from a Medical Malpractice Lawyer in Portland

Medical malpractice cases are particularly complex because first, you’re likely to require scientific evidence from medical experts, and second, you might be suing large institutions or specialists with fierce legal defense. Having professional legal help levels the playing ground, increasing the chances of success. 

Reach out to the medical malpractice lawyers at Craig Swapp & Associates and other trusted partners to start gathering evidence that’ll build a winning case. Call us at 1-800-404-9000 or fill out the contact form below to get started.