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Medical Malpractice FAQ

Answers from an Experienced Portland Attorney

Our medical malpractice team has recovered millions of dollars in verdicts and settlements for victims and their families in Oregon, and we are committed to putting that experience to work for you. At The Law Offices of Patrick L. Block, P.C., we exclusively handle medical malpractice claims, ensuring that your case gets the care it deserves.

Read on to learn answers to some of the questions we most commonly receive or call The Law Offices of Patrick L. Block, P.C. today to schedule your free case evaluation.

What is medical malpractice?

Medical malpractice occurs when a patient that is seeking treatment from a medical professional fails to provide the proper treatment and the patient suffers an injury as a result. Medical malpractice cannot be claimed every time a doctor makes a mistake or a patient is unhappy with the course of their treatment.

In order for an injury to be medical malpractice, it must be shown that:

  • The doctor that is being sued had a doctor-patient relationship with the individual that suffered an injury;
  • The doctor caused you personal harm that another doctor, under identical circumstances, would not have made;
  • The negligence of the doctor directly resulted in personal injury; and
  • There are specific economic and non-economic damages associated with this injury.

If you believe that you may be a victim of medical malpractice, you must bring a claim against the medical professional responsible for your injury as soon as possible. Malpractice claims take significant amounts of time, effort, and dedication to see through, and acting quickly will give your attorney the time to compile the evidence, information, and medical expertise needed for a successful case.

How do I know whether or not my case is valid?
It is important to remember that simply having a bad medical experience does not always constitute medical malpractice. When a doctor of other medical professional is able to testify and show that other health care providers, with the same information and in the same situation, would have made a different decision than the one yours did you may have a valid claim. A medical malpractice attorney can help you discover whether or not you will be able to recover compensation for your damages.

We can determine whether you have a case through a two-step process. First, we gather and examine all of the necessary medical records personally. Then, we submit these records for examination by medical experts in the necessary areas of specialty. We have connections with many authoritative medical minds across the nation. These renowned experts can provide invaluable insight into your case. Analysis from these individuals is a key part of determining the validity of an individual case.

Will my case go to trial?
We are able to settle most cases out of court. At The Law Offices of Patrick L. Block, P.C., however, we hold ourselves to a high standard and prepare every single case as if it will go to trial. If the settlement offer is not satisfactory, we are prepared to pursue a trial in order to ensure that you receive the full amount of compensation to which you are entitled. Mr. Block is skilled in both negotiation and litigation.

How much will your legal services cost?
We handle cases on a contingent-fee basis, which means that unless we win, you will not owe us anything. In addition, your initial telephone consultation and / or in-person case evaluation is free. In virtually all cases we agree to pursue, we will advance the expenses of litigation for you. We will always use our resources to fight for your case.

How long will my case take?
Generally, medical malpractice cases take anywhere from two to three years to complete. The specific circumstances of your case and the attorney that you choose to represent you could influence the amount of time it will take to bring your case to a close. Therefore, you should choose wisely when selecting the medical malpractice lawyer who will represent you. For a more detailed answer to this question, contact our office.

What settlement can I win from my case?

There is no set way of knowing how much a jury will award for your medical malpractice case, since the details and the extent of the injuries that were caused are not fully known at the beginning of a case. In general, numerous factors will be considered before deciding on a final amount, including but not limited to:

  • Impact on future earning capacity
  • Impact the injury has on overall life functions
  • Medical expenses resulting from the injury
  • Physical and mental pain and suffering

Oregon law caps the amount that a patient or family can receive for non-economic damages at $500,000. There is no limit on the amount of economic damages that you may receive. To learn how working with a Portland lawyer can help prove economic loss in medical malpractice cases, read this article authored by Attorney Block.

There is no way to determine how much the jury will definitively award you in your case. In some instances, it can make sense to settle to ensure the best possible outcome, and in other instances, litigation may be the best step. When you speak with a medical malpractice attorney, you will be able to figure out the best way to proceed with your case.

What is informed consent?

A doctor has a responsibility to tell a patient about any of the possible risks and dangers associated with their treatment, surgery, or any medication they may be prescribed. The patient has every right to decide whether or not to proceed with the treatment or explore another option if one is available.

Doctors are not required to inform a patient about each risk associated with a procedure, however. If another doctor would have disclosed the risk or if it can be reasonably assumed that other patients would have made a different decision if informed of the risk, then the doctor must receive informed consent.

If the situation is an emergency, then the doctor does not need to get informed consent before treating a patient. If you or a loved one are wondering if a doctor failed to properly obtain informed consent before proceeding with a treatment that resulted in personal injury, then contact a Portland medical malpractice lawyer as soon as possible.

Remember that if you or a loved one have suffered from medical malpractice as a result of a negligent doctor, you are entitled to compensation for your injuries. The first step is speaking with your Portland lawyer at The Law Offices of Patrick L. Block, P.C. to get started with your case. With millions of dollars recovered for our clients, you can be confident that you are in good hands with our firm.

Why You Can Trust Our Firm to Fight for You
  • Millions of Dollars Recovered for the Injured & Bereaved
  • Named "Top 100 Trial Lawyers" by the National Trial Lawyers
  • Included in the Listing of Oregon Super Lawyers® of 2014 and 2015
  • Lifetime Member of the Million Dollar Advocates Forum®
  • Featured in Oregon Trial Lawyers Association's Sidebar Publication
  • We work on a contingency fee basis - you don’t pay unless we win!