In the state of Oregon, malpractice refers to a “mistake” a professional made that caused you harm or damage. The mistake must have caused the harm. If a mistake was made but no harm or damage resulted, then no malpractice claim can be made.
Anyone hired for professional services – i.e., doctors, dentists, accountants, lawyers, engineers, and architects – can be liable for malpractice. The list is as long as the list of professions that exist in our society.
A recent study concluded that medical errors in hospitals kill over 100,000 people each year.
A professional has a duty to use the degree of care, skill, and diligence the average professional would have used when faced with the same or similar circumstances. If you thought your family doctor might have committed malpractice by failing to promptly diagnose a rare disease, the question would be: Would the average family doctor in your community have been able to diagnose this disease? If the average doctor would have missed it, then your doctor is not guilty of malpractice.
If you have any questions, or think you, a family member, or a friend has been a victim of malpractice, call our Oregon attorneys. There is no charge for our time to discuss potential claims. We offer percentage fee agreements on most cases. Attorney fees are only paid when the claim is successfully resolved.