Best Birth Injury Lawyers Portland, OR

Portland, OR Birth Injury FAQs

• Can you still file a birth injury case in Portland if the incident happened three years ago?

  Yes. State laws in Oregon allow you to file a birth injury lawsuit in Portland for up to two years from the date of discovery. It is important that you seek the advice of a personal injury lawyer who specializes in birth injuries, as preparing for such cases is long and tedious, such as gathering medical documents and expert opinions and affidavits from healthcare professionals.

• If your child sustained a birth injury in Portland, what kind of compensation can you expect?

  Birth injury lawsuits in Portland are considered medical malpractice cases. If your family is a victim of a birth injury, you may seek compensation for both economic and non-economic damages you sustained. Economic damages are your lost wages, medical bills, and any home modifications you make. Non-economic damages are your pain and suffering and mental health issues that arise from the injury. Punitive damages are uncommon but may be considered as well.

• Is there a cap on how much compensation you may get from a birth injury in Portland?

  No. The state of Oregon does not have a cap on how much compensation you may seek for both economic and non-economic damages in a birth injury case in Portland. Non-economic damages are capped at $500,000 in medical malpractice cases based on a wrongful death action. Note that punitive damages cannot be filed against a medical doctor or a healthcare worker but may be filed against the hospital where the incident occurred.

• How long will a birth injury case in Portland take?

  Birth injury lawsuits in Portland are unique from each other, and the duration will depend on the complexity of the merits of each case. Usually, it can take anywhere from a few months to years before a birth injury case can arrive at a decision. Out-of-court settlements are also common in these cases, as they can be beneficial to both plaintiff and defendant if terms are agreed upon.

• What can an expert testimony do in a birth injury case in Oregon?

  Expert testimony is a vital part of your birth injury lawsuit in Portland and can provide medical insights regarding the extent and nature of the child's injury and the repercussions of the negligent action. It can also lend insight into whether the standard of care was followed or breached by the attending doctor.