How do I file a medical malpractice claim?

If you or someone you know is contemplating filing a medical malpractice claim then rest assured that there are several legal issues you will need to fulfill in order to successfully file and follow up with the claim. In fact, there are so many legal intricacies that need to be addressed that it is nearly impossible for a layman to be able to go through all of it without the professional assistance of a Marion County, Oregon medical malpractice lawyer such as Miller & Wagner who are the finest legal professionals in this area.

Reach out to a legal professional as soon as possible

There are some legal lawsuits that may be handled without a lawyer but even that is pretty ridiculous and rare, but a medical malpractice lawsuit is certainly not one of them. Marion County, OR medical malpractice lawyers (http://www.miller-wagner.com/) caution that hospital neglect and medical malpractice lawsuits are subjected to what is known as a statute of limitations. A statute of limitations is a deadline on the filing of a lawsuit. Any malpractice lawsuit must be filed before the statute of limitations period expires and any lawsuit filed after will simply be duly dismissed.

In the gorgeous green state of Oregon (that does not allow you to put gas in your car for some strange reason but still a pretty state), medical malpractice claims must be filed within five years from the date of the alleged malpractice or two years from the date of discovery of the injury or illness. In the case of minors, the statute of limitations begins when they turn 18 although the 5-year limit from the date of discovery still applies.

What are the main aspects of a medical malpractice claim?

A medical malpractice or hospital neglect claim is not easy to prove. It requires a factual step by step breakdown to convince the judge or jury that you need to be awarded compensatory damages due to a doctor’s or hospital’s negligence.

Marion County, OR medical malpractice lawyers such as Miller & Wagner who have won many cases in their day and still do say that the first thing that needs to be established is that the defendant(s) such as a doctor, hospital, or nursing home in the case owed you a duty to help you. This basically means that you need to show that there existed a doctor-patient relationship between you and the defendant(s).

The second step is to prove that the defendant breached this duty. This is the pivotal part of the lawsuit that may very well determine the outcome of the case. However, to prove this you will require the tactful presentation of evidence and expert testimonies. A suitable Northwest Oregon medical malpractice attorney will really be able to take control in this situation and prove beyond doubt through the evidence available that the defendant was negligent and hence liable for your damages.

Everybody in Northwest Oregon knows what it is like to be cheated. The NBA cheated the Portland Trailblazers in 2000 when they were playing the Lakers. You do not want to be cheated by the medical system. If you have been treated negligently by your doctor, nurse, or anyone else in the hospital, you need a Marion County, OR medical malpractice lawyer and perhaps the best in the business is right here: Miller & Wagner. This is your life, not a basketball game and there is no TV cameras so the only person who knows about this is you. Make the call! 

The third step is to establish that the breach in duty caused you damages and these maybe economic or non-economic damages.

A monetary amount

In addition, you will need to show that the damages inflicted upon you are of a compensable nature and you will be required to estimate how much you need to be awarded in terms of compensation. Yet again, a dependable legal professional will prove to be invaluable here.

This is just to give you a general idea of what is involved in filing a hospital neglect or medical malpractice claim. Every case is unique and comes with its own set of challenges. Reach out to a Marion County Oregon medical malpractice lawyer such as Miller & Wagner and get started working on your claim without any delay.

With Miller & Wagner you pay nothing up front. You do not pay them until the case is settled and you are kept in form every step of the way. They only keep a percentage so really you never seem to pay them. With Miller & Wagner, you know you are in amazing legal hands since they know a winning case when they see one. Give them a call, their dedication may just be the reason your life financially rebounds significantly.