Legal Question in Medical Malpractice in Oregon

Testicals value

I was living in Oregon and had a testical that had to be removed due to doctor error. How much should that be worth in a law suit?


Asked on 12/02/04, 1:41 pm

3 Answers from Attorneys

Mitchell Roth MW Roth, Professional Law Corporation

Re: Testicals value

As in all things with the law, it depends upon the facts. What's the age of the person? Is he single or married? Is there any unusual psychological overlay? Does it have any affect on his fertility? Etc. etc. etc.

Medical malpractice is done on a contingency basis. That means the attorney can only get paid a statutorily regulated percentage of any recovery. Have a qualified lawyer collect the records and other information and evaluate the case. A good lawyer will not take a medical malpractice case unless it is worth a minimum of six figures. Nor should you bring one for less.

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Answered on 12/05/04, 10:33 pm
JEB Pickett Wynne Law Firm

Re: Testicals value

Any attorney representing you in the State of Oregon will be able to research comparable values, but other factors go into "value" of a case as well. Trust your attorney.

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Answered on 12/02/04, 9:23 pm
Sam Hochberg Sam Hochberg & Associates

Re: Testicals value

I read the other reply from a lawyer in San Francisco, and would of course concur that you should probably trust your lawyer on this issue. However, I don't know if you have a lawyer or not. Also, just so you know, there are an awful lot of factors that go into the evaluation process, aside from just the loss of the testicle. If, for example, there are currently decent prostheses available (a "fake testicle," just for cosmetic purposes), that would affect the value some, as well as whether this affected your ability to reproduce, should you want to have children. There are many others, so it would be unfair to you to simply give you a number. And, it's rarely that simple.

The MOST important thing you SHOULD know is that you need to have a lawyer represent you on something like this, and if you don't have one, you need to know that there are many important TIME LIMITS that apply to every case; some as short as just 180 days, in Oregon, if any defendant or potential defendant is an employee or agent of ANY government entity, aside from Federal. ("Tort Claim Notice," see ORS 30.275,et seq.).

Value is also affected by the nature of the negligence, and the probabilities of succeeding on each relevant issue in your case.

Good luck, though! Hope you do well. Sounds like an awful thing to happen.

Sam Hochberg

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Answered on 12/02/04, 11:54 pm


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