Medical Device and Drug Negligence: Here is what you need to know

What do you do when you or your loved loses his life or has been injured after trusting a medical practitioner with their life? Do you realize that a simple mistake can change your life forever?

Nurse, doctors, and other health caregivers have a duty to offer their patients standard healthcare services. If their decisions or failure to act appropriately results in injury or loss of life, then, the medical practitioners may be liable for medical malpractice.

Note that no medical expert can easily accept that they acted negligently and as a result, a patient got injured or died during a medical procedure. When your life has been permanently changed because of your doctor’s negligence, and it’s difficult for you to prove it, who do you turn to? You need a reliable medical device injury attorney in Portland to investigate and help you pursue your medical negligence claims thoroughly.

What constitutes a medical device and drugs negligence?

All medical practitioners go to school and undergo intensive training for a very long time. They learn all healthcare standards, best practices, and all laws and regulations in the medical world. When your healthcare provider fails to act appropriately and causes injuries or death, that’s medical negligence. Every simple mistake a doctor makes constitutes medical negligence, and a professional lawyer can help you evaluate whether or not the doctor’s mistakes rose to the negligence level in your case.

If the patient consented to the procedure, does that affect his or her case?

According to the medical-related laws in Oregon, before you consent to any medical procedure, your doctor must fully explain all its benefits and possible risks, no matter how simple or complicated it may seem. The doctor should also inform you if there are other treatment options.

With detailed information, you can make a great choice. However, even if you signed the consent paperwork, there are circumstances in which you can hold your doctor accountable if something goes wrong during the procedure. These situations include;

  • The medical practitioner failed to give you all the relevant details you needed to make a choice.
  • The doctor acted beyond the specific consent you offered with your permission.
  • The doctor made an error during the medical procedure that deviated from the standard of care expected during such procedures.

When should you file a lawsuit?

Note that there is a strict statute of limitations for all medical negligence claims; it’s a strict deadline you must meet if you plan to file a lawsuit. For medical negligence claims arising from dental, surgical, and other medical practices, the statute of limitations is 2 years from the time you or your loved one was injured.

However, most victims of medical negligence or malpractices don’t realize the malpractice and injury occurred immediately. That means the statute of limitations might not begin to run until the injury is discovered. An experienced lawyer should handle all medical malpractice claims as these cases are complicated.

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