Filing for Medical Malpractice in Oregon
Medical malpractice cases are incredibly complicated and upsetting. People trust that their healthcare professionals will care for them; though many strive to, some fall short. When you or your loved one is dealing with health complications due to medical malpractice, it can be hard to know what to do.
Oregon’s Statute of Limitations
First, you should be aware of the limited timeframe to file a claim. A statute of limitations is the time a civil case must be filed. If your claim is outside this time, it will likely be dismissed. Medical malpractice cases generally have a time limit of two years, starting from the date of your injury or when the damage should have been noticed.
An exception to the statute of limitations is if the person who caused you to harm was concealing the malpractice from you. Once this fraud is discovered, you have a two-year time limit to file a claim. But be aware the statute of ultimate repose will limit most claims. You may need an attorney to calculate your situation’s specific statute of limitation.
The Process of Proving Malpractice
When you file a medical malpractice claim, the burden of proof rests on you. You have to provide evidence of several things:
● Show there was a doctor-patient relationship.
● Explain the expected duty of care or how a similarly experienced medical professional would have treated you.
● Show how your healthcare provider fell short of the medically accepted standard of care.
● Connect the negligence to the actual harm done to you.
Expert witness testimony is expected in a medical malpractice case, and it is often essential to successfully gain compensation for damages.
Shlesinger & deVilleneuve: Here for You
Medical malpractice cases can be complicated. Gathering evidence of all these things takes time and effort, but the process can go much faster with the assistance of a qualified medical malpractice attorney. Contact our office today to see if you have a claim.