Pursuing a medical malpractice claim can be a complex and emotional process. Patients trust healthcare professionals to provide appropriate care, but unfortunately, some cases fall short of these expectations. If you or a loved one has suffered due to medical negligence, understanding the steps involved can help you move forward.
Oregon’s Statute of Limitations
It’s crucial to be aware of the time limits for filing a medical malpractice claim. In Oregon, the statute of limitations typically gives you two years from the date of the injury or from when you should have reasonably discovered the harm to file your case. If you miss this deadline, your claim may be dismissed.
However, if the malpractice was concealed, the clock starts ticking from when you discovered the fraud, still within a two-year window. Note that the statute of ultimate repose may also apply, potentially limiting the timeframe for filing. Consulting with an attorney can help clarify the specific deadlines for your case.
Proving Medical Malpractice
In a medical malpractice case, the responsibility to prove your claim lies with you. You must demonstrate:
– Doctor-Patient Relationship: Establish that a formal relationship existed with the healthcare provider.
– Standard of Care: Define what a competent medical professional would have done in your situation.
– Breach of Duty: Show how the provider failed to meet the accepted standard of care.
– Causation: Link the provider’s negligence directly to the harm you suffered.
Expert witness testimony is often crucial in proving these elements and securing compensation for your damages.
How Shlesinger & deVilleneuve Can Help
Medical malpractice cases require thorough investigation and evidence collection, which can be challenging to manage on your own. At Shlesinger & deVilleneuve, we have the experience and resources to guide you through this intricate process. Contact us today to evaluate your case and explore your options for seeking justice.
