Back Surgery Injury Lawyer in Portland, Oregon

Back surgery errors can severely impact your life, making everyday tasks difficult or impossible. Often, victims require ongoing medical care, leading to substantial financial burdens. The emotional distress from such errors can also be overwhelming, potentially resulting in anxiety, depression, and other mental health challenges. 

As an experienced personal injury lawyer, I understand the immense stress and pain you may be experiencing. Let me guide you through this challenging period and help you pursue the justice and compensation you deserve. 

If you need help with a botched back surgery claim or any other catastrophic injury case in Portland, Oregon, Clackamas County, Washington County, Multnomah County, Marion County, Lincoln County, or Tillamook County, call Injury Lawyer PDX, LLC to schedule a consultation and fight for your rights. 

Back Surgery Errors & Damages 

Errors in back surgery can have severe, lasting consequences. The complexity of the spinal cord and the critical role it plays in the body mean that any mistake can lead to significant, long-term issues. These often require extensive medical treatment and ongoing rehabilitation and may result in permanent disability. 

Some common examples of back surgery errors include: 

• Nerve damage 

• Infection 

• Improper fusion 

• Misdiagnosis leading to unnecessary surgery 

• Poor surgical technique 

• Anesthesia errors 

• Retained surgical instruments 

• Failure to address complications 

These errors can lead to a variety of injuries, including chronic pain, numbness or weakness in the limbs, paralysis, and loss of motor function. They can also cause emotional distress, financial strain from medical bills and lost wages, and a decrease in your overall quality of life. 

The recovery process is typically prolonged and demanding, necessitating a robust support system. If you or a loved one has been impacted by a catastrophic back surgery error, don't hesitate to call my Portland law firm for the legal advocacy you deserve.

Oregon Medical Malpractice Laws

Back surgery errors fall under medical malpractice laws, which are intended to protect patients harmed by the negligence or wrongful actions of medical professionals. These laws allow victims to seek compensation for their losses, including medical expenses, lost wages, pain and suffering, and other damages. 

Statute of Limitations 

In Oregon, you generally have two years from the date of the malpractice to file a lawsuit. Failing to meet this deadline can prevent you from recovering any compensation. However, exceptions like the discovery rule can extend this time frame under specific conditions. 

Comparative Fault Rule

Oregon practices a modified comparative fault rule. This means that if you're found partially at fault for the complications, your compensation will be reduced by your percentage of fault.

If you are found to be 51% or more at fault, you cannot recover any damages. This underscores the importance of presenting a compelling and well-documented case. 

No Cap on Economic Damages 

Unlike some states, Oregon does not limit the amount of economic damages (medical costs, lost income, etc.) you can recover in a malpractice case. This allows victims to seek restitution for the full extent of their financial losses. 

Caps on Non-Economic Damages 

Oregon imposes a cap on non-economic damages (pain, suffering, emotional distress, etc.), currently set at $500,000. This cap applies to personal injury and medical malpractice cases but not to wrongful death claims. 

Wrongful Death Statute 

If a back surgery error results in death, the family may file a wrongful death lawsuit. In Oregon, these claims must be filed within three years of the injury date that caused the death. Damages in wrongful death claims can include funeral expenses, loss of companionship, and potential future earnings of the deceased. 

Expert Testimonies

Expert testimonies are often necessary in medical malpractice cases, including those involving back surgery mistakes. They play a crucial role in establishing what constitutes standard medical care and whether the healthcare providers deviated from this standard and contributed to the harm suffered by the patient.  

Experts typically come from the same or similar field as the defendant and provide an unbiased opinion on whether the appropriate medical procedures were followed. They help the court understand complex medical terminology and procedures, making it easier to determine if negligence occurred.

Their insights can clarify whether the complications were a result of substandard care or an unfortunate but known risk associated with a particular medical procedure. 

Jurors and judges often lack the specialized knowledge required to comprehend medical intricacies. Therefore, hearing from qualified medical experts helps bridge this knowledge gap, providing clear and authoritative explanations that support your claims. This makes expert testimonies indispensable in working to secure a favorable outcome in a medical malpractice lawsuit. 

Damages for Back Surgery Errors

Victims of back surgery errors may be entitled to various types of damages, such as: 

• Economic damages: Compensation for tangible financial losses, including medical bills, lost earnings, and diminished future earning potential. 

• Non-economic damages: Coverage for intangible losses like pain and suffering, emotional distress, loss of enjoyment of life, and permanent disability. 

• Punitive damages: In cases of particularly egregious conduct by the medical professional, punitive damages may be awarded to punish and deter similar behavior in the future.

• Loss of consortium: Compensation for the loss of companionship and the impact on family relationships due to the injuries. 

• Home modification expenses: Costs associated with modifying the victim's home to accommodate disabilities, such as wheelchair ramps or bathroom alterations. 

• Assistive devices: Expenses for medical equipment like wheelchairs, braces, or other devices that aid in daily activities. 

Determining the appropriate compensation for such injuries necessitates a thorough examination of the evidence, including the victim's medical records, expert testimony, and financial projections. 

The Importance of Legal Representation

Medical malpractice cases can be particularly challenging for patients to win due to several factors. Hospitals and healthcare providers often have significant resources and experienced legal teams dedicated to defending against these claims, which can create an imbalanced playing field.

These challenges underscore the importance of having a skilled, experienced medical malpractice attorney to guide patients through the intricacies of their cases and help them seek the compensation they deserve. 

Experienced attorneys possess the knowledge and skills necessary to interpret medical records, understand intricate legal standards, and build a compelling case to demonstrate negligence. They can effectively negotiate with insurance companies and opposing parties to secure fair compensation, which might be challenging for individuals to achieve on their own.  

Having legal help is essential to accurately assess the value of your claim, including evaluating all potential damages from medical expenses to emotional suffering. A skilled attorney can also provide needed support and guidance throughout the entire legal process, reducing your stress and allowing you to focus on recovery.  

At Injury Lawyer PDX, LLC, I am here to handle the legalities so you can focus on recovery. I provide a thorough case evaluation to understand surgery errors, develop personalized legal strategies to help maximize compensation, and offer robust defense through negotiation or litigation. My support also extends beyond case resolution, assisting clients in adapting to life post-surgery error.