Medical Malpractice Attorneys in Gresham
Unfortunately, many people who receive treatment from a medical professional suffer preventable injuries or diseases. These range from surgical errors and prescribing the wrong medication to misdiagnosing an illness or failing to diagnose the patient at all. The costs of these medical errors go well beyond medical bills for further treatment to repair or treat these new injuries. Victims may also experience severe physical and emotional pain and suffering. These injuries could even affect a married couple's relationship because the injured person may not be able to provide the same level of companionship as before.
Victims of medical malpractice should learn about their rights after this happens. The Gresham medical malpractice lawyers at Rizk Law can explain your rights and legal options in a free legal consultation. There is no risk because you are not obligated to take legal action. We will explain if we think it is in your best interest to take action and if you want to go forward, our services will be provided on contingency so there will be no charge unless you are compensated. We have detailed knowledge of Oregon laws on these cases and how to prove medical malpractice. We can also consult medical experts as needed to help strengthen your case.
Contact a medical malpractice attorney today at 503.245.5677.
What Kinds of Cases Do We Take On?
The Gresham medical malpractice lawyers at Rizk Law mainly take cases involving birth injuries and OB-GYN negligence. These are cases involving negligence by an obstetrician/gynecologist during pregnancy, labor or the delivery of a baby. In other words, these are cases involving birth injuries.
Some common examples of birth injuries that may have been caused by medical malpractice include:
- Brachial palsy – If the nerves in the brachial plexus are damaged the baby may have trouble moving one of his or her arms, hands or fingers. This commonly occurs when the baby's shoulder gets lodged in the mother's pelvic bone. When doctors pull on the baby to deliver him or her the nerves can get stretched or even torn away in severe cases. There are various forms of brachial palsy, such as Erb's palsy and Klumpke's palsy.
- Paralysis in the face – If there is too much pressure on the baby's face during delivery, nerves can get damaged, leading to paralysis on one side of the face. Parents often notice this injury when the child cries but there is no movement on the affected side of the face. If the nerve was torn, the baby may need surgery to repair it because otherwise it will not heal.
- Cerebral palsy – This is a serious and lifelong neurological disorder that causes a variety of problems for children. They can struggle with fine motor skills, learning, speaking, seeing and hearing. Unfortunately, sometimes this disease is caused by negligence during pregnancy or the delivery. If the baby suffers a lack of oxygen it can cause brain damage that results in cerebral palsy.
- Persistent pulmonary hypertension of the newborn – This is a medical condition causing a lack of blood flow to the baby's lungs when it is delivered. This condition prevents the baby from being able to breathe on his or her own after delivery. Sometimes this is caused by the mother taking certain drugs for depression during pregnancy. The danger of this condition is that the longer the baby suffers oxygen deprivation, the greater the risk of permanent brain damage that results in learning disabilities, autism and attention deficit hyperactivity disorder.
There are many ways these and other birth injuries can be caused by medical malpractice. Some examples of medical malpractice that may result in injury include:
- Not performing a C-section at the appropriate time
- Failing to monitor the baby for signs of oxygen deprivation
- Using too much force when pulling the baby out of the birth canal
- Not taking steps to avoid a feet-first birth
- Failing to notice or take steps to deal with the umbilical cord being wrapped around the baby's neck
- Failing to be prepared for a difficult birth when the mother or baby has known risk factors, like excessive weight or odd positioning of the fetus
Doctors could also potentially be held liable for failing to diagnose a baby with a disease, even if they did not really do anything to cause the baby to develop the disease. For example, the doctor could face liability for not telling parents a child would be born with Down Syndrome. This is an example of a type of medical malpractice called failure to diagnose.
If your child suffered an injury caused by medical negligence at a hospital in the Gresham area, you may have legal options. You should strongly consider contacting a medical malpractice lawyer in Gresham for a free legal consultation. The attorneys at Rizk Law offer free consultations and are prepared to pursue the fair compensation you deserve.
How to Prove Medical Malpractice
Some people wrongly assume that proving medical negligence is the same as proving negligence in other situations, such as car crashes. However, proving medical malpractice is more complicated and has more aspects to it than proving negligence.
- Doctor-patient relationship – This means you had an agreement with a doctor to provide treatment. However, this relationship is often created without an agreement. It comes into effect once you begin receiving treatment from this medical professional. Once this relationship is established, the doctor owes you and your infant a duty of care. In other words, your doctor is obligated to provide care and treatment that meets the medical community's accepted standards for the situation. One of the advantages of having an experienced attorney is that he or she knows how to determine the medical standards for the situation in question and has access to qualified experts who can help with this.
- Breach of the duty of care – This is where malpractice or negligence occurs. The doctor breaches the duty of care when he or she does not provide care that is similar to what would have been provided by a similarly-trained medical professional in a similar situation.
- Causation – This refers to a link between the injuries suffered and the doctor's actions. This basically means that the injury would not have occurred unless the doctor was negligent or failed to act in the appropriate manner, according to medical standards.
- Existence of damages – Doctors can make mistakes, but unless these mistakes result in damages for the patient, there is no basis for a medical malpractice claim. Damages include things like medical bills, long-term care, physical therapy, lost wages, and pain and suffering. The Gresham medical malpractice lawyers at our firm understand how to determine the full value of all your damages, including damages that do not come with bills or receipts, like pain and suffering.
Contact our attorneys to find out if you may be able to pursue legal action.
Deadline for Filing a Medical Malpractice Claim
Once you suspect medical malpractice may have occurred, it is best to get the legal process started as soon as possible. This is because you have a short amount of time to file a medical malpractice lawsuit.
Under Oregon's medical malpractice statute of limitations, you must file a lawsuit within two years of the date of the injury or the date it was discovered. It can be difficult to determine precisely when you knew or should have known about the injury.
Fortunately, our lawyers understand how to do this and are committed to getting your case filed before the statute of limitations runs out. If the statute runs out, you no longer have the right to file a case and obtain compensation from a lawsuit.
Another aspect of the statute of limitations is the five-year statute of repose. Under this provision, your lawsuit cannot be filed more than five years from the date of the injury, no matter when it was discovered.
Some victims wrongly assume they have plenty of time to file a case. However, two years can go by pretty fast. The more time you give your attorney to investigate and build a case, the easier it will be to file a lawsuit before time runs out. Less time means it will be more difficult to build a strong case on your behalf.
Contact our Gresham medical malpractice lawyers today for a free legal consultation.
Contact a Gresham Medical Malpractice Attorney
Medical malpractice is often devastating, as victims are left severely or even permanently injured. One of the worst parts is that patients are left with the knowledge that the injury could have been prevented if medical professionals had behaved differently.
This is why our attorneys are committed to pursuing the fair compensation you deserve for your injuries. We proudly serve our clients on contingency so they do not owe us for providing experienced representation unless they are compensated. Your consultation is also free and with no obligation to move forward in the legal process.