<![CDATA[Oregon Medical Malpractice and Auto Accident Law blog]]> tag:www.robertamillerlaw.com,2013-03-21:/blog/77124 2020-01-08T18:03:13Z Movable Type Enterprise <![CDATA[Jury awards $23.9 million for child's birth injuries]]> tag:www.robertamillerlaw.com,2020:/blog//77124.3881317 2020-01-08T18:04:13Z 2020-01-08T18:03:13Z Labor is usually an intense and sometimes frightening experience, but parents usually expect that the process will end well. For many Oregon families this is simply not the case. Although parents may feel helpless after learning their child suffered birth injuries during delivery, it is possible to hold hospitals, doctors and other medical staff responsible for their actions.

As compensation for their child's injuries, a jury recently awarded $23.9 million to an out-of-state family. During the mother's labor, the umbilical cord wound its way around the baby girl's neck, which deprived her of oxygen. She was then born the color blue, and doctors had to undertake extensive resuscitation efforts before she was able to breathe on her own. But those efforts could not undo the damage that was already done. Soon after birth, doctors determined that she had suffered a severe brain injury that would limit her cognitive, speech and motor skills.

]]> According to the family's lawsuit, that injury could -- and should -- have been avoided. Medical experts strongly recommend that doctors regularly monitor mothers' and babies' heart rates separately to avoid confusing one for the other, as this can mask signs of distress. The hospital did not maintain any of this safety protocol or even regularly monitor the mother's heart rate. Medical staff measured her heart rate only once over a period of around four hours, and no one checked whether there was any confusion. Taking that extra step would have likely shown the baby was in distress.

Children born with severe birth injuries typically require varying degrees of lifelong care. The cost of that care is out of reach for the average family in Oregon. However, by filing a medical malpractice suit, it is possible to both hold responsible parties accountable, seek compensation and even potentially affect safety protocol changes.

<![CDATA[Could the doctor have prevented your child's birth injuries?]]> tag:www.robertamillerlaw.com,2019:/blog//77124.3874569 2019-12-23T23:45:58Z 2019-12-23T23:44:58Z There is a lot to do when you are expecting a baby, and it is more than just getting the nursery ready. There are parenting and feeding methods to consider, names to be chosen and -- if necessary -- day cares facilities to visit. But on top of all of that you knew that the most important thing was to get the best possible prenatal care. Poor prenatal care is associated with an increased risk of birth injuries, so if your child was harmed here are a few things you may want to keep in mind.

Pregnant women do not always exhibit obvious symptoms of any problems. In some cases, symptoms are only noticeable while being monitored. Doctors in Oregon are responsible for carefully monitoring their patients' pregnancies, which means watching out for some of those hard-to-spot symptoms. These doctors are also responsible for truly listening to and considering self-reported symptoms. 

]]> Unfortunately, there are doctors in Oregon who simply do not take this responsibility seriously enough. A woman's condition during pregnancy can negatively affect her unborn child. In some cases, lifelong damage occurs in only a matter of minutes.

Attentive prenatal care might have been all that was needed to prevent your child's birth injuries. If you felt as if your provider did not listen to your concerns or if he or she ignored symptoms of a serious problem, you and your child may need help. You can learn more about getting the right kind of help as well as medical malpractice in Oregon by visiting our website.

<![CDATA[Help is on the way for car crash victims with TBI]]> tag:www.robertamillerlaw.com,2019:/blog//77124.3869647 2019-12-23T20:48:03Z 2019-12-19T22:15:24Z Unfortunately, traumatic brain injury is a common result of a car crash. Even victims with a mild form of TBI such as concussion may experience lifelong health issues.

However, innovations in testing and treatment are helping those who suffer TBI to combat the effects and reduce the need for ongoing care.

]]> About TBI

Along with falls, vehicle crashes are the leading cause of traumatic brain injury. Findings from the Centers for Disease Control and Prevention indicate that of the 2 million Americans who suffer TBI each year, traffic crashes are responsible for 286,000 such cases. In fact, because brain injuries are not always evident at the time of a crash, that number may actually be considerably higher.

More accurate testing

New imaging equipment helps doctors diagnose brain damage with greater accuracy. Physicians can spot abnormalities in the brain through Susceptibility Weighted Imaging, technology that uses high-resolution imaging to focus on tears and small hemorrhages.

A new emergency procedure

Out west, the University of Arizona has teamed with the Arizona Department of Health Services and fire departments and EMS agencies throughout the state to test an initiative called EPIC, the Excellence in Prehospital Injury Care project. The group spent years testing what is a very simple but effective procedure. Previously, first responders were hyperventilating victims with TBI. However, it was discovered that this causes carbon dioxide levels to fall, which, in turn, constricts the blood vessels in the brain, resulting in blood and oxygen deprivation. First responders are now using breathing bags equipped with lights that signal the perfect time to use high-flow oxygen on the victim. The goal is to help prevent brain cells from dying, and EPIC is so successful that researchers feel it will change emergency TBI treatment worldwide within the next few years.

Seeking help

Many medical facilities and emergency units do not yet have the newest innovations in TBI testing and treating. However, if you sustain a brain injury as a car crash victim, your personal injury attorney can assist in your care. In addition to negotiating full and fair insurance compensation on your behalf, your advocate can access a large network of medical experts.

<![CDATA[The basics of birth injuries]]> tag:www.robertamillerlaw.com,2019:/blog//77124.3867627 2019-12-11T10:38:54Z 2019-12-11T10:37:54Z Expecting parents in Oregon generally just want what all other parents want -- a healthy child. While there is no way to prevent a child being born with or developing a disease, preventing birth injuries is very much possible. This can make it all the more devastating to learn that a child who would have otherwise been born healthy was injured instead.

There are many different types of birth injuries, ranging from minor to severe. Cerebral palsy is just one example that many people are probably familiar with. Babies who are deprived of oxygen during delivery can suffer irreparable brain damage that limits body movement and brain function.

]]> A birth injury is usually the result of careless or reckless behavior by medical professionals. If a doctor ignores the signs and symptoms of distress or does not fully assess a woman's condition during pregnancy, then he or she will probably not perform any necessary medical interventions. Even if the doctor later realizes his or her mistake and takes action, it may be too late to prevent harm.

For every 1,000 babies that are born in the United States, around five will suffer a birth injury. This number might seem low, but that does not matter to a parent whose child was harmed. Babies, children and even adults who suffered birth injuries often require ongoing specialized care, which can be costly, especially if parents have to leave the workforce in Oregon to become caregivers. A successfully pursued medical malpractice claim is just one tool that can help parents address these costs, which can also address things like emotional trauma, physical pain and decreased quality of life.

<![CDATA[Doctors ignored woman's symptoms, causing birth injuries]]> tag:www.robertamillerlaw.com,2019:/blog//77124.3863592 2019-11-24T13:29:44Z 2019-11-24T13:28:44Z A mother is suing multiple doctors who allegedly ignored the warning signs of a very serious condition. She says that since she did not receive adequate medical attention, her son was born with multiple birth injuries. Her medical malpractice lawsuit does not include a specific amount for damages, but the annual cost of providing her son with necessary medical care is around six figures. This cost is not uncommon for Oregon families in similar situations.

In late 2015, the woman spent two weeks in the hospital to lower her risk of going into preterm labor. Although it is not clear how far along in her pregnancy she was at that point, she attended an appointment with one of her doctors a week after being discharged. Despite bringing up multiple concerns, the doctor insisted that her pregnancy was proceeding normally and sent her home. Still experiencing troubling symptoms, she visited the emergency room on two separate occasions and was told that everything was fine. Doctors started to refuse the mother's phone calls shortly after.

]]> Since she could not get any doctors at either the hospital or medical plaza where she was being treated to take her seriously, she decided to seek medical care at another facility. Doctors at the second hospital took her concerns seriously and discovered that her placenta was separating from her uterus, and the baby was deprived of nutrition and oxygen. Because of this, he was born with debilitating medical injuries and spent most of his first year of life living in hospitals.

The young boy now suffers from brain damage, developmental delays and many other health problems. This is unfortunately the reality of what life after birth injuries looks like. Not only does it significantly reduce a child's quality of life, but it also places enormous emotional and financial burdens on parents and loved ones. This is why Oregon parents who have been affected by this situation should consider whether filing a medical malpractice suit would be appropriate for their child's situation.

<![CDATA[Cancer ranks high in deadly illnesses that are misdiagnosed]]> tag:www.robertamillerlaw.com,2019:/blog//77124.3859069 2019-11-18T22:00:00Z 2019-11-15T20:50:19Z Everyone makes mistakes—even at work. That includes doctors too. While most of us might think of those stories about doctors operating on the wrong knee or leaving a sponge inside a patient, only to be found years later, doctors also misdiagnose patient illnesses. Sometimes, that can cause life-altering consequences, even death.

Earlier this year, researchers from John Hopkins University wanted to narrow down what conditions were most misdiagnosed and also were most likely to lead to death or disability. What they found is that one-third of medical errors that led to death and disability were linked to cancer.

]]> Cancers that go misdiagnosed

Of those cases, the cancers that were most often misdiagnosed were the following:

  • Lung cancer
  • Skin cancer
  • Prostate cancer
  • Breast cancer

What initial diagnosis might include

In each of these cancers, doctors sometimes mistake patient’s symptoms for being something else. For example, with lung cancer, it can be diagnosed as a lung abscess or bronchial pneumonia. For skin cancer, seemingly benign moles end up as deadly melanomas.

For prostate cancer, the most common type of cancer for men in the United States, its symptoms sometimes are mistaken for bladder cancer. So those who experience pain or burning while urinating or blood in urine should be checked for both prostate and bladder cancer.

For women, breast cancer can be mistaken as cysts, fibroids, fibrocystic breast disease or fat necrosis. In each of these other conditions, hard lumps or cysts in the breasts are present, but benign.

Lung cancer can be visible on x-rays, noted by the radiologist but missed or ignored by the ordering doctor, leaving the patient without a diagnosis or treatment until it is too late. 

The value of a second opinion

Because of the chances of misdiagnosis, patients always should take an active role in their health care. Part of that is seeking a second opinion, especially if your symptoms could be an indicator of cancer but weren’t diagnosed as that.

Also, if you are diagnosed with any type of cancer, you should seek a second opinion. You want to make sure your diagnosis is correct. You want the best treatment plan to effectively treat your cancer.

If you or a loved one end up suffering life-altering consequences of a cancer misdiagnosis or a delayed diagnosis, that could be medical malpractice. You should consult an experienced medical malpractice attorney in that case so you and your family can receive the compensation you are entitled to.

<![CDATA[Mother awarded $101 million for son's birth injuries]]> tag:www.robertamillerlaw.com,2019:/blog//77124.3858435 2019-11-12T10:38:58Z 2019-11-12T10:37:59Z Parents spend months getting ready to welcome their new baby into the world. Unfortunately, all it takes is one negligent mistake or error to change all of those carefully laid plans. For Oregon parents who are raising children injured by birth injuries, the reality of this situation can be especially difficult. However, it is possible to hold negligent doctors, nurses and hospitals responsible for their actions.

An out-of-state mother decided to pursue a medical malpractice lawsuit after her son was injured during delivery. Her claim alleged that the medical personnel working at the facility where she gave birth ignored signs of distress for approximately six hours. This was backed up by medical experts who agreed that the fetal monitoring strips showed abnormalities both before and during labor. Experts also determined that the boy would not have suffered any injuries if the attending personnel had told the doctor about those abnormalities, which warranted a cesarean section.

]]> Although his mother cared for him at home during his first four years of life, she could no longer afford to meet his specialized needs. Since he cannot speak or care for himself in any capacity, she had no other choice but to place him in a residential facility that could provide what she could not. However, a jury recently awarded the mother and her now 5-year-old son $101 million after they successfully navigated their suit, and she is excited to bring him home and continue caring for him.

Children who suffer birth injuries have to live their lives with problems that they otherwise might not have faced. However, they are not the only victims. The parents of these children often face huge financial and emotional burdens, which can make it hard to provide the necessary ongoing care. A medical malpractice lawsuit cannot erase the past, but it can help parents and children in Oregon address complicated physical, emotional and financial damages.

<![CDATA[Does your child have brain injuries?]]> tag:www.robertamillerlaw.com,2019:/blog//77124.3855481 2019-11-07T22:00:00Z 2019-11-05T21:49:33Z Parents tend to seek to protect their children. However, there are some instances where the actions of another party may cause undue harm to a child, beyond the parents' control.

Depending on a child's developmental level, it may not be easy to determine when a child has sustained injuries in a car accident. However, particularly in the case of brain injury, there are a few signs parents can look out for.

]]> Behavioral shifts

Not all traumatic brain injuries produce visible indicators. In fact, in many cases, changes in behavior can be strong signs that something may be wrong. For infants and babies, inconsolable crying or drastic changes in feeding or sleeping patterns after an accident could be telltale signs of internal issues. Older children may show increases in drowsiness, aggression or overall emotions. While children do experience changes as they grow, swift changes after an incident are worth paying attention to.

Physical indicators

There are certain physical indicators, such as cuts and bruises or injuries at birth, that are clearly noticeable. However, there are other physical signs that parents should pay attention to:

  • Dizziness or loss of consciousness
  • Changes in bladder or bowel function
  • Vomiting
  • Seizures
  • Sensitivity to light

For older children, issues with reasoning or decision-making, changes in perception, and a short attention span may also be worth noting. As with behavioral changes, parents may need to keep a watchful eye for changes after an incident over a period.

Continued monitoring

Along with parents monitoring changes in their children, it may also be beneficial to obtain a medical opinion. Keeping up with annual checkups is an easy way to accomplish this. A pediatric or family physician may monitor the growth and changes in the child and have the training to spot any possible issues that may not be readily recognizable.


At the end of the day, if a parent feels unsure, it is best to err on the side of caution and seek immediate medical attention. If you suspect that your child has sustained brain injury due to the negligent acts of another party, detailed medical records are crucial in creating a strong personal injury claim on behalf of your child.

<![CDATA[Woman's birth-related injury goes undiagnosed for over one year]]> tag:www.robertamillerlaw.com,2019:/blog//77124.3857107 2019-11-06T04:41:06Z 2019-11-06T04:40:06Z Advances made in medicine in recent years have caused childbirth to be viewed as a fairly routine procedure. While expectant mothers in Oregon certainly should not fear that they will be harmed while giving birth to their babies, delivery is still a traumatic process that certainly does take its toll on a woman. Part of that toll may indeed be an injury, yet the hope is that any damage that is done during delivery will be quickly identified and dealt with. If it is not, it can linger within a woman and even progress to the point of causing serious health complications

Often the effects of such an injury are manifested over time. Yet women should be able to count on the skills of their doctors to recognize problems from diagnostic testing or a description of their symptoms. It was a failure to meet such a standard that prompted a woman to sue a physician's group in Kansas for medical malpractice. She claims that providers belonging to the group should have been able to identify the signs of a tear she sustained during childbirth that was causing her bowel issues. The problem ultimately went unidentified for over a year. 

]]> One can only imagine how extensive the damage caused by an injury can be if left untreated for such an extended period of time. Outsiders may think that those who choose to take legal action for such an oversight are looking to punish the doctors that attended to them. In reality, many simply want to ensure that no one else is made to experience what they had to endure. Those looking to take action in such situations may first want to consult with an experienced attorney. 

<![CDATA[Evolving medical malpractice laws]]> tag:www.robertamillerlaw.com,2019:/blog//77124.3846749 2019-10-13T15:40:02Z 2019-10-13T15:39:02Z People who live in Oregon can be in need of medical care for a variety of reasons. Many of these reasons are not always associated with a problem per se, at least at first. One example of this is a preventive annual wellness exam. A routine screening procedure is another example. A prenatal checkup is another type of visit that is often made when a concern may not be immediately obvious. It is at these times, however, that patients rely on medical professionals to notice signs of potential problems and take appropriate action.

The state's medical malpractice laws were challenged a couple of years ago after one man's stroke was not detected early enough, leaving him with permanent brain damage. According to a report by The Bulletin, the law's definition of medical malpractice was actually expanded to include actions in which a person is denied the opportunity to seek treatment and improve or prevent such damage. The failure of a doctor to order a test to investigate symptoms, for example, is one thing that may fall into this category.

]]> Other elements of the state's malpractice laws have also been undergoing some change in recent years. In 2016, the Oregon Supreme Court made a ruling that limited the amount of noneconomic damages to $500,000 per Oregon Live.

This year, House Bill 2014 was introduced in an effort to remove that cap. The bill had passed the House of Representatives but failed to receive the full approval of the State Senate. It is not clear if there is a plan to reintroduce the bill at a future date.




<![CDATA[Key aspects of an Oregon medical malpractice claim]]> tag:www.robertamillerlaw.com,2019:/blog//77124.3833825 2019-09-26T21:00:00Z 2019-09-24T22:05:46Z When physicians are not careful, their actions can have drastic and lasting effects. That is why they are held to a high standard.

So, what can you do if your physician failed to uphold the proper standard? A medical malpractice claim may be beneficial. Before filing, there are a few key aspects to understand regarding claims in Oregon.

]]> Proving

With medicine not being an exact science, there is a margin of error that a physician cannot avoid. Some specific  traits and conditions may contribute to certain negative outcomes from medical procedures. Therefore, one cannot simply show that a medical procedure did not yield the expected outcome to have a valid claim. Claimants must be able to show negligence as the cause of the claim. In short, claimants must prove that the physician's actions were not in alignment with the actions a prudent physician would take in the same situation, and due to that, the claimant suffered damages.

Professional Opinion

A medical professional witness is key in properly proving the physician's actions to be incorrect. As a professional, the medical witness can provide insight into the proper procedure and protocol. For example, in the case of surgical errors, another surgeon would be knowledgeable of the protocol, as well as where the physician deviated from proper treatment. The medical professional can also relay this information in a way that is understandable and clear for the court to make an educated decision.


As with any injury claim, proper documentation is essential. Medical records, hospital and medical bills, video footage and witness testimonies are all viable examples of evidence. In regards to written documentation, parties should maintain copies of the documents and keep them in a secure location.

All aspects must work together to build a strong, substantial claim. It may also be beneficial to become familiar with the state's malpractice laws.

<![CDATA[Did you have a nosocomial infection that was misdiagnosed?]]> tag:www.robertamillerlaw.com,2019:/blog//77124.3812999 2019-09-04T21:00:00Z 2019-08-30T20:11:20Z Perhaps you had hip or knee replacement surgery and stayed in the hospital for a couple of days afterward.

Was the nosocomial infection you developed misdiagnosed at the outset? How did the infection occur?

]]> About the infection

A nosocomial infection is an infectious disease usually caused by a pathogenic organism, such as bacteria, fungi, parasites or viruses. A hospital or nursing home patient can acquire this kind of infection from another person or from the surroundings. Patients can also acquire nosocomial infections in an extended care facility or rehabilitation center. Symptoms such as pain, fever, night sweats or breathing difficulties could be attributed to an issue other than an infection and thus, misdiagnosed.

Most common

In addition to surgical wound infections, the most common types of nosocomial infections are respiratory, gastrointestinal or genitourinary in nature. Young children, the elderly and people with immune deficiencies are most at risk for contracting the infection. According to the Centers for Disease Control and Prevention, the infection generally results from three common pathogens: Staphylococcus aureus, E. coli and Pseudomonas aeruginosa.

How it begins

Transmission of a nosocomial infection can occur when medical instruments are not properly sterilized or when the patient has direct contact with a nurse or other medical staff member who has not washed his or her hands. A patient could also acquire such an infection from the food or water served at a hospital or nursing home. In order to prevent nosocomial infections from happening, the environment for patients must be clean and sanitary. Staff must always follow infection control procedures and practice proper personal hygiene, including handwashing.

Malpractice cases

Many malpractice cases develop either from delayed treatment resulting in harm to the patient or misdiagnosis, as in the matter of a nosocomial infection, an error that can have long-lasting, adverse effects. If a breach in the standards of medical care you should have received was responsible for your infection, you may be eligible for financial compensation. Do not hesitate to explore your legal options.

<![CDATA[Misdiagnosis may mean malpractice]]> tag:www.robertamillerlaw.com,2019:/blog//77124.3794346 2019-07-24T15:06:02Z 2019-07-22T15:30:35Z Malpractice cases stem from a variety of reasons. Perhaps the most common malpractice case is a failure to diagnose a condition in a timely way. In some instances, patients may suffer significant physical and financial hardship due to a doctor's misdiagnosis.

If you or someone you know has had to come to terms with crushing medical news, you understand the devastation. What may worsen the blow is finding that the doctor missed vital clues that may have led to an earlier discovery and effective treatment. 

]]> What is malpractice?

When someone in the medical field commits an error, it does not always fall under malpractice. To qualify for malpractice, an element of negligence must exist. This is a failure on the part of a medical professional to hold true to the standard of care. It may occur due to carelessness or a blatant disregard of procedures, practices or facts.

How does misdiagnosis fall under malpractice?

The highest percentage of malpractice cases come from a missed or incorrect diagnosis. While missing a medical issue is not necessarily negligent, in some circumstances, it may fall into that category. If the error occurred due to a doctor's failure to pay attention to signs and symptoms that pointed to the proper diagnosis, even if pointed out repeatedly, it may qualify as malpractice.

How is a malpractice case proven?

Malpractice cases fall under the rules of personal injury litigation. To win this type of suit, the plaintiff must prove the defendant was negligent, and this contributed to a degradation of the plaintiff's life. Expert witnesses, medical personnel in the same field as the defendant, review medical records, examinations and depositions to form an opinion regarding whether the defendant acted negligently. The plaintiff may also present other evidence pointing out further proof of negligence.

<![CDATA[What are fall risks during pregnancy?]]> tag:www.robertamillerlaw.com,2019:/blog//77124.3778060 2019-06-28T13:29:00Z 2019-06-26T15:42:48Z If you are an expectant mother in Oregon, you may wonder about your risk of falling while pregnant and the likelihood of harm to your unborn child in the event that you do fall. According to Verywell Family, a number of common factors during pregnancy could increase your fall risk. The good news is that the risk of injury to the baby during a fall is relatively small, though it does exist. 

Falls during pregnancy occur most often during the third trimester. You might think that it is because the baby's growth has shifted your center of gravity from its baseline. This is a contributing factor but does not fully account for the increased fall risk.

]]> As your body prepares to give birth, it releases hormones that cause the birth canal to soften and widen. One of these hormones is relaxin, which works specifically on the ligaments that bind the joints of the pelvis together. The loosening of these joints can affect your balance, making a fall more likely. However, your body affords your unborn child a certain measure of protection from trauma due to falls. For example, the amniotic fluid that surrounds your baby in the womb has shock absorbing properties.

Nevertheless, there is still some risk of injury from a trauma resulting from a fall during pregnancy. Severe trauma could result in placental abruption. The placenta connects the baby's umbilical cord to the wall of the uterus and supplies the baby with its oxygen and nutrients. When abruption occurs, the placenta tears away from the uterine wall, cutting off the supply to the baby. Fortunately, placental abruption is a rare occurrence. It is more likely to occur from a car accident than a simple fall.

If you experience any serious symptoms after a fall, such as decreased fetal movement, vaginal bleeding or discharge, dizziness, cramping or contractions, seek emergency care immediately. In the absence of symptoms following a fall, it is still a good idea to obtain a check-up from your doctor to ensure that your unborn child has not come to harm. 


<![CDATA[Lack of oxygen may lead to brain damage in a newborn]]> tag:www.robertamillerlaw.com,2019:/blog//77124.3774757 2019-06-23T16:40:03Z 2019-06-24T23:17:56Z An expectant mother does all she can to take care of herself in anticipation of her baby's birth. The physician and staff take over during delivery, doing all they can to keep the baby safe. Still, injuries do happen, and one of the most common is an infant brain injury due to lack of oxygen.

There are four common reasons for oxygen deprivation to occur:

  • Blocked airway: Blocked airways can occur if mucous lodges in the baby's lungs. Again, medical staff must act quickly to clear constricted airways and prevent possible long-term medical issues.
]]> If your newborn experienced any of these conditions and was diagnosed with neurologic injury you may want the advise of an experienced medical negligent attorney to determine is your child's injury could have and should have been prevented.  
