Find Lawyers in Portland, Oregon for Medical Malpractice Law - Defendants
Troy Bundy defends professionals, including dentists, hospitals, doctors, nurses and other health professionals. From complex obstetric and neonatal matters to more routine primary care issues, Troy has litigated and tried a wide variety of professional liability cases involving nearly every conceivable medical specialty over the course of his career, including the landmark birth injury case, Klutschkowski v. OMG. Dental cases have included lingual nerve injuries, TMJ claims, and endodontic c...
Michael Estok is a litigator representing a diverse mix of clients in Oregon and Washington in areas including commercial law, professional liability (on behalf of physicians, hospitals, long-term care facilities, attorneys, and accountants), products liability, employment, securities, class actions, and appeals. He has successfully tried many cases before judges, arbitrators, and juries. In every case, Michael seeks to obtain a deep understanding of his client’s business or area of pro...
Nikola Jones focuses her practice on civil litigation, specifically medical malpractice, legal malpractice and products liability defense. As a partner with Lindsay Hart, she represents physicians, hospitals, healthcare professionals, lawyers, law firms and product manufacturers. Nikola has tried dozens of complex jury trials over the last 25 years. Her career began at the Multnomah County District Attorney’s office, where she tried a variety of cases ranging from racketeering to aggrav...
Karen O’Kasey’s trial practice focuses on defending employers and medical professionals in state and federal courts in both Oregon and Washington. She has represented employers in all types of employment discrimination claims brought in federal and state court. In addition to defending private employers, Ms. O’Kasey has extensive experience defending municipalities against all types of tort claims, including Section 1983 claims, First Amendment claims, and public accommodati...
Aaron’s practice includes defending complex civil litigation cases with emphasis on medical and dental malpractice, personal injury, wrongful death, and general liability. Aaron has tried and arbitrated cases in Oregon and Washington. Additionally, Aaron routinely represents physicians, dentists, physical therapists, nurses, and other healthcare providers before professional regulatory and licensing boards in both Oregon and Washington. Aaron also serves as legal counsel for several med...
Michael Wiswall is a native Oregonian. He began his legal career at Hart Wagner LLP in 1994, and became a partner of the firm in 1999. For nearly 20 years, Mike’s practice has primarily focused on defending medical malpractice lawsuits throughout the Northwest. Mike also assists hospitals and clinics with pre-litigation evaluations, as well as with their early disclosure and resolution programs. Mike frequently represents physicians, dentists, pharmacists and nurses before state licensi...
Jeff is a trial attorney with a proven record of success in all phases of civil litigation. He has tried cases in both Oregon and Washington, and has obtained numerous favorable verdicts and decisions for his clients as first-chair and second-chair trial counsel. Coming from a family full of physicians, Jeff has devoted a substantial part of his practice to the areas of medical malpractice and healthcare licensing defense. Additionally, Jeff represents clients in other types of complex legal ...
Melissa specializes in civil litigation defense with a focus on professional malpractice, representation before health professional licensing boards, and general liability defense. She was born and raised in the northwest suburbs of Chicago and is licensed to practice law in Illinois, Washington and Oregon. Melissa is a “Triple Illini.” She obtained her Bachelor’s summa cum laude in Art History and Jewish Studies and her Master’s in Art History from the University of I...
Medical Malpractice Law - Defendants Definition
In simple terms, the standard of care is the legal duty that a health care provider (physician, nurse, medical technician, hospital, clinic, etc.) owes to the patient. That duty or obligation arises from the professional relationship established with the patient. It is axiomatic that without such a relationship the obligation to treat or provide care could not exist. The professional relationship, however, does not always require direct communication between the health care provider and patient may be established indirectly. For example, in addition to a physician who accepts a patient directly, lab technicians, pathologists, and radiologists may not encounter a patient personally but have the legal duty to comply with applicable standards of care.
Most states have enacted legislation which controls this area of specialized litigation and the legal duty of health care providers is largely defined by statute. It is now universally accepted that the duty and, thus, the standard of care, requires a health care provider to exercise the degree of reasonable care, skill, and diligence as would ordinarily be exercised by a similarly situated health care provider for a similar patient under the same or similar circumstances. The primary emphasis in this definition is necessarily placed on the requirement of "reasonable" care.
Frequently the defense of these cases will focus on the fact that the law does not require a physician or health care provider to be infallible in the exercise of his/her clinical judgments for a patient. Indeed, the law does not require perfection on the part of anyone. Important emphasis is also given to the recognition by medical science that there are often unexpected, unfortunate, and even tragic outcomes that will occur, despite reasonable care. So long as the care is found to be reasonable, there is no malpractice.
In a medical malpractice case, the burden is on the plaintiff to prove the following elements in order to be entitled to a verdict:
- A duty owed by the health care provider.
- A breach of that duty, i.e., a failure by the health care provider to meet the standard of care.
- Injury or death caused by the breach of duty by the health care provider.
While the law generally imposes no burden of proof on the defendant, the defense, where appropriate, will seek to discredit the plaintiff's theory of liability by a showing of the reasonableness of the care provided & contradictions to evidence offered by the plaintiff. This is done through testimony from the defendant with emphasis on her/his training, education and experience and the basis for the clinical judgment at issue. Additionally, pertinent medical literature may be presented along with qualified expert testimony to further demonstrate the appropriateness of the care provided and, in many cases, to show that the outcome was not produced by negligence, but may be the result of an inherent risk associated with the condition of the patient or the treatment, despite good and proper care.
The law also recognizes that, within the standard of care, there are often alternative methods of treatment which may be employed for a given medical condition and that a physician, for example, must be free to choose and follow the method he deems best for his patient, even though some other physician may later argue in favor of another method. As long as the method selected to diagnose or treat was reasonable within the standard of care and implemented with due care, there would be no liability (even if the diagnosis is later shown to be incorrect or the treatment resulted in an injurious complication).
In selecting counsel for the defense of medical malpractice claims, the health care provider and his/her representative will want to ask a number of important questions such as:
- What is the experience of the attorney/law firm in defending these highly specialized cases?
- What is the rate of successful defense for the attorney/law firm?
- What resources does the firm possess for investigation, medical/legal research, qualified support staff, development of demonstrative evidence, etc.?
- What is the expected time frame to conclusion of the litigation in the jurisdiction/venue?
- What involvement will the defendant have in assistance and preparation of her/his defense?
Recognition by Best Lawyers is based entirely on peer review. Our methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.
Best Lawyers employs a sophisticated, conscientious, rational, and transparent survey process designed to elicit meaningful and substantive evaluations of the quality of legal services. Our belief has always been that the quality of a peer review survey is directly related to the quality of the voters.
Georgia Laws Taking Effect in 2022
On Neutral Ground
Largest Pain and Suffering Award Affirmed in New York History
New England States With Incoming Legislation
Activism In Action