Strict laws and rules have been implemented against medical malpractice all over the world. When a medical practitioner treats a patient in a manner different from the prescribed manner of the health care community and that results in an injury caused to the patient, medical malpractice is said to have occurred. Further in this article we would discuss a few things about medical malpractice law in Oregon.
All the malpractice law suits in Oregon must start within 2 years of the date of action accrued. They have implemented a standard of modified comparative negligence. They also have joint and several accountability. Punitive damages are not obtainable in Oregon. A hospital may be held lawfully responsible for the illegal deeds of a physician who is not its member of staff under doctrine of apparent agency.
Oregon has not imposed any particular legal restrictions on the expert evidence. The fees of the attorney cannot be more than 20% of the compensation. Oregon does not ask for periodic payments of potential damages in malpractice cases. Pre – judgment interest is not assessable here. The state does not require that cases must be heard by negotiation board before its litigation.
The most significant part in a malpractice case is to employ a legal representative. It is of supreme significance because only a lawyer could help you get your compensation. So, you must hire a knowledgeable and practiced lawyer. You must keep a few things in mind while appointing a lawyer. First of all, consider what his qualifications are. Is he experienced enough to manage your legal case? He should not ask for more money. Appoint an attorney who offers you more at inexpensive rates.
Under a guarantee source rule, a defendant may not seek to reduce its lawful accountability by introducing evidence that the plaintiff has already received compensation for damages from other external sources. This article could be of great help to those who are looking to file a suit against someone.
Don’t forget to read this article twice or thrice.