If you believe you have been the victim of medical malpractice, it’s time to learn more about your rights from a medical malpractice attorney. When strong medical malpractice claims come supported with evidence from injured victims, medical practitioners may receive penalties such as license censure or losing their license. They may even be found liable for damages in court proceedings. Because reporting malpractice and seeking compensation can be complicated processes, it’s best to have a lawyer on your side. In addition to explaining the process, your lawyer can help you build the strongest case possible against the practitioner.
What Is Medical Malpractice, Exactly?
In both Oregon and Washington, medical malpractice refers to the breach of a medical practitioner’s professional duty owed to a patient, resulting in injury to the patient and damages incurred. In other words, a doctor or other medical professional didn’t give you the level of care that another reasonable doctor would have under the same circumstances. Or your doctor did not advise you to undergo a procedure or take a medicine, when another reasonable doctor would have advised it.
A medical practitioner owes a professional duty to the patients they care for or advise. They can breach that duty by taking an action that another practitioner would not have taken or failing to act when another practitioner would have acted. The legal standard involves evaluating what a reasonable medical practitioner similar to the accused would have done. This can require expert medical opinions at trial. When a breach of duty leads to a patient’s injuries, and that patient has damages (such as additional medical bills or emotional distress), the patient likely has a cause of action for medical malpractice. This means that the patient could sue the practitioner in court. In addition, the patient could report the practitioner to the state licensing board (such as the Oregon Medical Board or Washington Medical Commission).
Which Medical Practitioners Can Be Liable for Malpractice?
Many different types of medical practitioners can be liable for malpractice, including but not limited to:
- Medical doctors (M.D.s)
- Dentists
- Doctors of osteopathic medicine (D.O.s)
- Anesthesiologists
- Surgeons
- Doctors of podiatric medicine (D.P.M.s)
- Physician assistants (P.A.s)
- Nurses
- Acupuncturists
- Radiologists
Moreover, depending on the circumstances, the institutions employing those medical practitioners could become involved in your case. Facilities such as doctor’s offices, urgent care, walk-in clinics, hospitals, emergency centers, surgical centers, or rehab facilities might have medical malpractice-related liability.
What Are Your Rights as Someone Injured by Medical Malpractice?
At the Kang Law Group, we believe that any medical practitioner whose substandard level of care injured you and caused you significant damages should be held accountable. We work hard to enforce our clients’ rights. Some examples of those rights include:
- The right to file a complaint against the practitioners and facilities involved
- The right to complain to the licensing board about your treatment
- The right to seek compensation for the significant losses you suffered. Compensation could include payment for additional medical bills, long-term care, loss of employment opportunities or days of work, emotional distress, and more
- If your family member died or suffered disabling injuries due to malpractice, the right to assist or represent the family member in legal action
In some cases, we are able to reach settlements with the medical practitioners’ insurance companies. In other cases, going to court and filing a lawsuit is necessary to protect our clients’ rights. During a lawsuit, the injured patient will have the opportunity to prove that the practitioner did not follow the standard of care, injuring the patient. We’re there with you every step of the way to make the case.
What Are Some Examples of Medical Malpractice?
If you need to know if you have a case for medical malpractice, give us a call. The Kang Law Group sets up free consultations for potential clients so you can learn more about your options. Some common examples of medical malpractice that might sound familiar to you include:
- Surgical errors, such as operating on the wrong body part, leaving items in the surgical site, slicing an artery, or improperly administering anesthesia
- Being prescribed the wrong medication or dose
- A failure to diagnose a condition or an obvious misdiagnosis
- Inadequate aftercare or follow-up after a procedure or diagnosis
- Not ordering appropriate testing
- Not asking about patient/family history or disregarding it
Again, a failure to take due care in treating a patient must lead to patient injury and damages for the patient to make a strong medical malpractice claim. Having an attorney who understands the medical malpractice burden of proof and admissible evidence could strengthen your case. Don’t wait to seek legal help if you or a family member has been harmed by medical treatment.
Need Advice about Medical Malpractice? Call the Kang Law Group
If you’ve been injured due to a medical visit gone wrong, you may have the right to pursue compensation from the practitioners who were involved. Our team of medical malpractice lawyers can help you evaluate your options and advise you on your rights. The Kang Law Group offers free consultations to people in need of confidential legal advice. Our offices are located in Beaverton, Gresham, and Salem, OR, as well as Vancouver, WA. Contact us at (503) 646-3131 or message us online to learn more.
