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Washington and Oregon Medical Malpractice Lawyer

Eder Sturm helps Oregon medical malpractice victims seek justice against those responsible for their injuries. For medical malpractice cases in Oregon or Washington resulting in injury or death, our medical malpractice attorneys are dedicated to helping you explore your legal options and drive the best possible outcome for your case.

Oregon's Experts in Medical Malpractice

What is Medical Malpractice?

Medical malpractice occurs when a doctor or other healthcare provider fails to act with the reasonable care expected of someone with similar expertise and the result harms a patient. Such cases involve giving the wrong diagnosis, providing inadequate treatment, or failing to follow standard medical or safety protocols. Other common medical malpractice scenarios are listed below.

How to Choose a Medical Malpractice Lawyer

Medical malpractice is perhaps the most complex type of personal injury case, and choosing a medical malpractice lawyer is among the most important decisions you may ever make. We recommend choosing a medical malpractice lawyer with the following attributes:

Case Experience. Medical malpractice cases require specialized knowledge of medical procedures, complex evidence, and legal precedents. Eder Sturm Eder has been successfully representing victims of medical malpractice for over 20 years.

Strong Results. Our results speak for themselves: with over 15,000 satisfied clients spanning more than two decades, our Portland personal injury attorneys know what it takes to successfully resolve even the most difficult medical malpractice case.

Communication Skills. A good attorney will treat you like an important client, not a case number. The compassionate team at ESE is here not just to amplify your voice and make the best possible case on your behalf, but to guide you down the road ahead.

Speak to a Portland Medical Malpractice Lawyer

Types of Medical Malpractice Lawsuits

Birth Injuries

A broad category of medical harm caused to the mother or her child during labor, delivery or aftercare, as a result of medical negligence.

Misdiagnosis/Failure to Diagnose

Incorrect identification of a patient’s condition, or complete failure to recognize a medical emergency within the expected timeframe.

Delayed Diagnosis

A diagnosis made too late, leading to worsening of the patient’s condition.

Surgical Errors

Mistakes during surgery, such as operating on the wrong site, leaving surgical tools inside the body, or performing an unnecessary procedure.

Failure to Treat

Not providing appropriate or timely treatment, even after making an accurate diagnosis.

Prescription/Medication Errors

Administering the wrong drug or dosage, or neglecting to consider harmful drug interactions.

Anesthesia Errors

Errors in giving anesthesia, including incorrect dosages or inadequate monitoring of the patient’s vital signs.

Failure to Prevent/Treat Infections

Neglecting to implement measures to prevent infections or failing to properly address them once they occur.

In Oregon, you generally have two (2) years from the date when you first discovered your injury, though exceptions apply if you were reasonably not aware of the malpractice or the malpractice was hidden due to fraud. Speak to a Portland medical malpractice attorney for details.

Medical Malpractice FAQs

Common questions about medical malpractice cases in Oregon

Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, resulting in injury or harm to a patient. (“Standard of care” refers to the level of skill, attention, and judgment that a reasonably competent healthcare professional in the same field would exercise under similar circumstances.) Examples include surgical mistakes, delayed diagnoses, prescription errors, or neglecting to inform a patient of known risks. Establishing medical malpractice often requires expert medical testimony to explain how the provider’s actions deviated from professional norms and to demonstrate that the negligence caused the harm. Underlying health conditions, contested liability, and/or multiple responsible parties may complicate your medical malpractice case. It is generally advisable to work with a medical malpractice attorney when pursuing legal action.
To file a successful medical malpractice lawsuit, you must demonstrate four key elements: a duty of care, a breach of that duty, causation, and actual damages (typically physical, emotional, and/or financial harm). You will need to produce medical records, diagnostic reports, and expert medical opinions that establish where the provider fell short of accepted medical standards. Most states, including Oregon and Washington, require filing within a strict time frame (called a “statute of limitations”). Working with an experienced medical malpractice attorney will ensure that these deadlines are met and that a strong case is presented on your behalf. Start by calling (503) 227-4601 to speak with one of our dedicated medical malpractice attorneys.
Oregon law generally allows two years to file a medical malpractice claim from the date you discovered the injury, or from when you reasonably should have discovered it. This means if you realized the harm months or years after treatment, the clock starts when the injury was or should have been identified. The Statute of Ultimate Repose bars a medical malpractice claim if it is not brought within five years of the negligent act, even if the malpractice was not discovered within that time period. The only exception to this is where the medical provider fraudulently hides information from the injured party. Speak with a medical malpractice lawyer to learn more about the statute of limitations on Oregon medical malpractice claims.
Washington law permits three years from the date of the medical error, or one year from when you discovered (or reasonably should have discovered) the injury caused by that error, to file a medical malpractice claim. Similar to Oregon, a statute of repose puts a hard cap on the period during which a claim can be brought. In Washington, the Statute of Repose is 8 years from the date of the negligent act. Exceptions to both state laws apply; speak to a medical malpractice lawyer as soon as possible to protect the integrity of your claim.
It is legally possible, but rarely advisable, to file a medical malpractice lawsuit without an attorney. Representing yourself in court is known as proceeding “pro se” while Oregon and Washington laws permit it, you will be held to the same standards and procedures as licensed attorneys. Medical malpractice cases are among the most technically demanding types of civil lawsuits. They require expert interpretation of medical records, detailed documentation, and strict adherence to procedural rules and deadlines. The vast majority of potential medical malpractice cases do not result in a settlement or verdict. Working with the experienced medical malpractice lawyers at ESE can significantly improve the outcome of your case. We work on a contingency fee structure, meaning you pay nothing unless your case succeeds. Call us today for a free consultation.
Medical negligence occurs when a healthcare professional fails to provide the level of care expected under standard medical practice due to carelessness or unintentional oversight. It refers to errors like failing to order necessary tests, misreading lab results, or overlooking patient symptoms. These may or may not cause harm. Negligence describes a lack of attention or due care rather than deliberate disregard. Medical malpractice occurs when medical negligence leads to patient harm. To qualify as malpractice, there must be proof that a provider not only breached the standard of care but did so in a way that demonstrates a reckless, knowing, or grossly careless disregard for a patient’s safety. Put simply: all malpractice is negligence, but not all negligence is malpractice. Understanding this distinction is essential in determining whether an injured patient has grounds for a civil lawsuit and how the claim should be pursued. If you believe a medical oversight led to physical, emotional, and/or financial injury, call Eder Sturm Eder for a free consultation.
No. A poor outcome doesn't automatically mean malpractice occurred. We must prove the provider violated the standard of care and that this violation directly caused your injuries. Medical complications can occur even with proper treatment.

WHO WE ARE

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WHAT WE DO

We use our experience and expertise to help injured clients maximize their financial recovery.

We accomplish this through our knowledge of the legal system, insurance defense strategies, vehicle code, and understanding of medical treatments, procedures, and diagnoses. We combine this knowledge with years of courtroom experience.

OUR APPROACH

Unlike many firms, we build every case like it's going to trial.

We know the extra effort will make the case stronger in terms of settlement or trial. Let us narrate your story, set your case up for success, and be your ferocious advocate throughout your case.

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