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What is considered medical malpractice versus risk of procedure?

We often in medical malpractice cases get a lot of calls, a lot of inquiries from clients to say, “Hey, do we have a medical malpractice case here?” or “We think we have” or “We believe we have a medical malpractice case.” But there’s a big distinction between actual medical malpractice versus the risk of a procedure because certain procedures just simply have risks, and if one of those bad things happen, the medical provider is not necessarily negligent or hasn’t committed medical malpractice. The standard is has the medical provider violated the standard of care. There’s a certain standard of care that medical providers are supposed to work under, and if for some reason they went outside the standard of care, then that would be medical malpractice

Portland Medical Malpractice Deadline Calculator

Enter the date you discovered (or should have discovered) the harm to see the deadline that generally applies under Oregon law.

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Disclaimer: This calculator provides general deadline estimates only and is not legal advice. Medical malpractice deadlines run from when the harm was discovered (or reasonably should have been discovered), which is often later than the date of the actual treatment, and a separate outer deadline (statute of repose) can bar a claim regardless of discovery. Public hospitals and providers (such as OHSU or a county hospital) follow entirely different, generally shorter notice rules than private providers. Always verify deadlines with a licensed Oregon attorney.
About the <span>Author</span>

About the Author

Tom D'Amore is the founder of D'Amore Law Group and a trial attorney with over 30 years of experience representing injured people and their families across the West Coast, securing more than $325 million in recoveries. He handles cases involving car accidents, trucking accidents, construction injuries, medical malpractice, and sexual abuse. Licensed in Oregon, Washington, and California, Tom is the only NBTA board-certified truck accident attorney in Oregon. He is a national Board of Governors member, past Executive Committee member, and past Budget and Audit Chair of the American Association for Justice, as well as past President of the Oregon Trial Lawyers Association and an Eagle member of the Washington State Association for Justice.
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