Understanding Medical Malpractice
Medical malpractice occurs when a healthcare provider causes injury or harm through negligent or intentional error. This can involve doctors, nurses, dentists, hospital staff, or technicians.
Statistics show that medical mistakes account for over 1 million injuries and at least 100,000 wrongful deaths every year in the United States.
If you suspect you’ve been a victim, contact an experienced Salem, OR medical malpractice attorney immediately to protect your rights and pursue compensation for pain and suffering, medical expenses, lost wages, and more.
Common Forms of Medical Negligence
Medical malpractice can take many forms, from surgical mistakes to prescription errors. Common examples include:
- Orthopedic surgery performed at the wrong level or with misplaced hardware
- Misdiagnosis, delayed diagnosis, or failure to diagnose
- Wrong site surgery
- Anesthesia overdose or improper drug combination
- Prescription drug errors or allergic reactions
- Birth trauma and obstetric negligence
- Gastric bypass and abdominal surgical errors
How a Malpractice Case Is Proven
Before filing a malpractice claim, your attorney must establish key legal elements:
- Established Relationship: A professional relationship existed between you and the healthcare provider.
- Negligence: The provider breached their duty of care by acting outside accepted medical standards.
- Harm or Damages: This negligence directly caused injury, pain, financial loss, or emotional suffering.
An experienced Salem, OR malpractice attorney can evaluate your situation and gather evidence to build your case.
Misdiagnosis or Delayed Diagnosis
Misdiagnosis is one of the most common malpractice claims. It occurs when a medical professional fails to identify or properly treat a condition, resulting in delayed or incorrect care — and often, a worsening condition or even death.
To prove malpractice, one of the following must apply:
- The correct diagnosis was considered but not adequately tested or confirmed.
- The correct diagnosis was never considered, even though a competent doctor would have done so.
Sometimes multiple professionals share responsibility — for example, a technician misreading test results or a doctor relying on faulty equipment.
Malpractice may be proven when this failure leads to further harm, unnecessary medical costs, or emotional distress.
Surgical Errors and Negligence
Not all poor surgical outcomes qualify as malpractice, but certain avoidable mistakes can have devastating results. Common examples include:
- Wrong site or wrong level surgery
- Improper hardware or screw placement
- Surgical instruments left inside the body
- Punctures of tissue or organs
- Nerve damage due to anesthesia errors
To establish a case, it must be shown that a competent surgeon would have avoided the error under similar circumstances.
Damages may include: medical expenses, corrective surgeries, lost income, long-term health issues, and pain and suffering.
Take Action Today
If you’ve suffered harm due to a healthcare provider’s negligence, you don’t have to face the aftermath alone. Our experienced team will review your case, guide you through your options, and fight to ensure you receive the compensation you deserve.
