How Can You Report Medical Malpractice in Oregon?

Posted on August 23, 2024 in Medical Malpractice

Suspicion of doctors is a common experience. You may frequently find people with stories of times when a doctor did not take a patient seriously, failed to provide an accurate diagnosis, or made a mistake that resulted in more trauma for the patient. When something like this happens, you may wonder how to report your concerns about medical malpractice. When you work with a Paulson Coletti Trial Attorney PC. our Portland medical malpractice lawyer can guide you through the process if you have not done so before contacting us.

What is Medical Malpractice?

Medical malpractice can refer to a variety of behaviors from a medical provider that result in injury or death. It essentially refers to the provider’s deviation from a standard of care that any other reasonable medical provider may provide. The specifics of the standard of care can vary based on the medical specialty. Some of the more common types of malpractice we see at Paulson Coletti Trial Attorneys PC include:

woman-in-hospital-bed

  • Wrong site surgery
  • Misdiagnoses
  • Failure to diagnose
  • Retained surgical equipment
  • Anesthesia errors
  • Hospital-acquired infection

Some additional examples of medical malpractice may include mistakes in prescribing medications or inappropriately prescribing highly addictive medication. Regarding medication errors, an error in dispensing may be considered malpractice in certain situations. However, even if a behavior does not strictly meet the definition of malpractice, you are still eligible to file a complaint with the Oregon Medical Board.

Filing an Oregon Medical Malpractice Complaint

You may file a complaint with the Oregon Medical Board for many reasons, including medical malpractice. Oregon Revised Statute Chapter 667.190 establishes the twenty-seven reasons a physician or other medical professional may have their license suspended or revoked. Any of these reasons may be valid to report a provider, even if it is not technically medical malpractice.

Oregon code requires specific action to send your grievance to the Oregon Medical Board. You can find information on filing with the board online. For your complaint to be investigated, you must submit your complaint form or a written letter that includes the below information:

  • Full name of the provider
  • The patient’s name, mailing address, birth date, and phone number
  • The name, address, and phone number of the person making the complaint if they are not the patient
  • A narrative of the incident that prompted the complaint, including details like dates of the incident(s), location with facility or practice name
  • If any other doctors treated the patient before or after the reported events

After an Oregon Malpractice Complaint

After your complaint is filed, the Oregon Medical Board will screen it for violations within its scope to address. When the investigation is finished, they will notify the person who files the complaint of the results. The OMB reports that only about 10% of all complaints result in disciplinary action, but the documentation will be included in the licensee’s file, which may aid future investigations or concerns.

If the complaint concerns the licensee’s physical or psychological well-being, the board may request that they undergo evaluations. The type of evaluation the OMB may request will be dependent on the nature of the concern. If the OMB investigator requests an evaluation, it must be completed by an approved assessor.

Though the documentation collected and the investigation details are confidential, preventing them from being used, you may choose to pursue a medical malpractice lawsuit in addition to your complaint to the medical board. This may be especially true in cases where the misconduct resulted in significant injury to you or a loved one.

Medical Malpractice Lawsuit After OMB Complaint

If the OMG substantiates your concern, this can result in disciplinary action against the licensee. This action can include license revocation, suspension, or sometimes criminal charges. However, these consequences will not directly affect the victim of the negligence. To recover compensation for any injuries, you may choose to explore civil options such as a personal injury or medical malpractice lawsuit.

Filing a medical malpractice lawsuit is something many may consider, regardless of whether they file a formal complaint with the OMB. If a physician’s actions have significantly injured you, you may very well have grounds to file and win a personal injury case. It is not uncommon for a malpractice claim to be filed on your behalf if you have already begun civil proceedings. Many members of the court will be required to do this to ensure any concerns are thoroughly investigated.

If the board investigates a licensee and determines it is appropriate to enact disciplinary action, such as license revocation or suspension, this may benefit you in a civil case. This is especially true if the accused has a prior history of complaints or disciplinary action. These nuances and the many factors that can affect your case are exemplary reasons to speak with an attorney prior to taking formal action against your provider.

Injuries in Medical Malpractice

A negligent physician may cause many injuries through their actions. These injuries may vary in severity, as well as the costs and losses the victim incurs. Some of the more common injuries seen in medical malpractice cases include:

chest-pain

  • Surgical intervention
  • Infection requiring hospitalization
  • Delayed treatment
  • Death
  • Development of substance dependence

Many of the repercussions of malpractice can come with significant medical expenses, in addition to missed time from work that causes a loss of income and missed time with friends and family due to illness or hospitalization. These losses are the reason so many may choose to seek justice and compensation in civil court.

Coping with Medical Malpractice

The aftermath of malpractice can be devastating, and if you choose to pursue formal action through the Oregon Medical Board or by pursuing a medical malpractice lawsuit, our team at Paulson Coletti PC. is ready to help you take back your life and work to recover the maximum compensation available. While monetary compensation or formal disciplinary action can’t take away the trauma and hardship you and your family are forced to endure, it can help protect other people who may be vulnerable to these same behaviors and may provide some additional financial cushion to help you return to your ‘normal’ life.