Legal Question in Medical Malpractice in Oregon

Re: malpractice resulting in brain dead,and death

That's an absolutely awful story. I'm so sorry to hear about it. This was posted on this site as having occurred in Oregon. If so, you should have an Oregon attorney, which I am.

There may well be a significant case. Under Oregon law (and probably California as well), ordinarily the Personal Representative of the estate (typically, a close family member) is the proper party to make a claim. But, other persons may be entitled to damages. Wrongful death law varies a great deal from state to state, as to who is entitled to recover damages in this situation, and I can't tell if this is an Oregon or a California claim. Where did it occur?

Although my website shows my toll-free number (800-347-1106), I will be in depositions for a few days in a wrongful death case. If you would like to follow up, please send me an email with further details and your phone number, to [email protected].

Whatever you do, however, please be sure to try to move forward as quickly as you're able to. There are statutes of limitation which could prevent a claim from being made if you wait too long. Also, it's important to gather evidence as soon as possible.

I'd be happy just to chat -- if it isn't an Oregon case afterall, I can make referrals for you, or you might inquire elsewhere. Good luck to you and your family, and let us know if we may be of assistance.

-- Sam Hochberg

Re: malpractice resulting in brain dead,and death

I am sorry for your loss. Based on your facts,

you should immediately seek the advice of an attorney. As specified above, the statute of limitation is complicated and there are many issues.

I will investigate the matter and determine whether you have a case at no charge.

Please contact me at (800) 500-0602.

Thank you.

Re: malpractice resulting in brain dead,and death

Depending on whether or not your son was married, had children, or a will when he died will determine who has standing to sue. As the other attorney's stated, the statute of limitations is critical in medical malpractice cases. A statute of limitations is the amount of time in which to file a lawsuit for damages. In California, it is generally three years from the date the malpractice occurred. There are other guidelines regarding the statute of limitations on medical malpractice but that can be discussed if it has been more than three years.

The parties liable would have to be determined by reviewing the medical records in your sons case and determining what exactly went wrong. You do need to hire an attorney to handle this case for you since medical malpractice is a very intense and complicated area of law. I handle these types of cases throughout the State of California. In addition, I have a Medical Doctor who works with me on medical malpractice cases to determine who is at fault and what exactly went wrong. I do not charge an up front fee and I only get paid if I win the case. If this happened in Oregon I would recommend that you contact the Oregon Bar Association and request the names of lawyers in your area that specialize in Medical Malpractice Law. The Bar Association oversees all lawyers practicing in the state and they can refer you to lawyers who are honest. If you are in Oregon, but this took place in California feel free to email me with any questions you may have regarding California law and the case.

My thoughts and prayers are with you. I can't even begin to imagine what it would be like to loose a child. I have two son's of my own and I can't even begin to fathom what it would be like to loose either one of them. I almost lost my wife in a car accident earlier this year and it made me realize that only God knows how long we will be on this earth and we need to spend every spare moment with the one's we love and charishing that time because we never know when God will call them back.

My thoughts are with you.

John

Re: malpractice resulting in brain dead,and death

Please accept my condolences for your loss. You certainly may sue for wrongful death. How old was your son? There is much to do and strict time limits. Please call me directly at (619) 222-3504.

Re: malpractice resulting in brain dead,and death

I am sorry for your loss. Generally, your son's heirs and dependents would be entitled to sue. If you believe that medical malpractice has occurred, you will need to assemble the medical records so that a lawyer and/or medical consultant can review them. The goal is to get the complete medical treatment history leading up to your son's death. This includes the underlying condition that had your son in the hospital in the first place. You will also need to get your son's death certificate and other medical records. I know that going through ths process can be painful. You need to be very aware of the particular statute of limitations in medical malpractice. The statute is especially tricky. You must act quickly. If you need help, call me as I would be delighted to give you an overview of the process. My office number is (818) 760-0100 x 104. My very best to you and your family.

Re: malpractice resulting in brain dead,and death

You may have a very substantial claim for medical negligence and for the wrongful death of your son. I would be happy to meet with you and have the medical records reviewed by an expert. There is no charge for my services. Please contact me immediately at 818 597-2610.

Thank you,

Howard Silver