Portland Medical Malpractice Lawyer Handling High-Value Cases Nationwide

Medical malpractice often results in devastating consequences: prolonged illness, injury or wrongful death. The toll it takes on the injury victim and their family is indescribable. Your trust and faith in healthcare providers may be permanently tainted. Your expenses and losses will likely be exorbitant.

What can you do after a doctor fails you? Turn to an experienced medical malpractice lawyer. Attorney Laura Kalur has more than 20 years of experience handling medical malpractice claims. In addition to her legal background, she has considerable medical knowledge and the trial experience necessary to pursue these cases. Insurance companies spare no expense to defend cases, even when they are indefensible; she believes that plaintiffs should get the same advantage, so she fronts the costs of pursuing these cases. Opposing lawyers know that she will go to trial when that is in her clients’ best interests, so they are often more willing to offer a favorable settlement. Call her law firm at 503-568-1847 or fill out this intake form to schedule a free consultation.

Understanding The Statute Of Limitations In Oregon

Timing determines the success of a legal claim. Oregon laws strictly govern when you must file a lawsuit. If you miss these deadlines, you lose your right to seek compensation.

The Two-Year Discovery Rule

Generally, you must file a claim within two years of discovering an injury – or from the date you should have discovered it (ORS 12.110(4)). This rule protects patients who could not have known about their injuries immediately.

The Statute Of Ultimate Repose

Oregon also imposes an absolute deadline. Regardless of when you discovered the injury, you must start a medical malpractice action within five years of the treatment or omission (ORS 12.110(4)). Only cases involving fraud or deceit by the provider allow for exceptions to this five-year cutoff.

Wrongful Death Claims

Oregon law sets a specific timeline for fatalities resulting from medical negligence. Under ORS 30.020, you must start a wrongful death action within three years of the death. Additionally, you must have discovered the underlying injury within three years of filing the suit.

Claims Against Government Institutions (Tort Claim Notice)

If a government-run facility like OHSU caused the injury, you must follow the Oregon Tort Claims Act. You must file a formal Tort Claim Notice to preserve your right to sue (ORS 30.275):

  • Injury: Within 180 days (270 days for minors or incapacitated persons)
  • Death: Within one year of the injury or loss

These short notice windows require you to speak with an attorney as soon as you suspect government negligence.

Minor Children And Tolling

Oregon law often “tolls” (pauses) the statute of limitations for injured minors. Under ORS 12.160, the law may extend the deadline by up to five years, but the extension cannot exceed one year after the minor turns 18.

Once you establish these timelines, we must determine if the provider met the legal standard of care.

What Is The “Standard Of Care” In Oregon?

Winning a case requires more than showing a poor medical outcome; we must prove the provider breached the standard of care. ORS 677.095 defines this as the degree of care, skill and diligence that an ordinary, careful professional would use in similar circumstances within that community.

While Oregon still uses this “locality rule,” modern medical specialists often follow national standards. Laura Kalur understands the Oregon healthcare system and argues how a provider’s actions fell below the standards of competent peers.

What Evidence Proves Medical Negligence?

Proving malpractice requires a thorough review of records and scientific data. The firm’s attorney uses several types of evidence to build your case:

  • Electronic medical records (EMR): Attorney Kalur examines audit trails to see who accessed your file and if anyone changed notes after the fact.
  • Expert witness testimony: Oregon law usually requires a medical expert to testify that the defendant breached the standard of care.
  • Diagnostic imaging: She uses independent reviews of MRIs, CT scans and X-rays to check for missed findings.
  • Hospital protocols: Attorney Kalur reviews internal handbooks to see if a hospital ignored its own safety rules.
  • Prescription history: She checks for dosage errors or dangerous drug interactions.

This evidence helps attorney Kalur identify every party responsible for the medical error.

Who Is Liable In A Medical Malpractice Case?

Liability often involves multiple parties. Attorney Kalur investigates everyone involved in your care:

  • Physicians: The surgeon or specialist whose specific error caused harm
  • Nursing staff: Nurses responsible for monitoring patients or administering medication
  • Hospitals and medical groups: Facilities responsible for their employees’ actions and potentially liable for corporate negligence such as understaffing or faulty equipment
  • Pharmacists and labs: Those who incorrectly fill prescriptions or misread lab results

Negligence can happen in any medical setting, making it vital to identify all responsible parties.

Experienced In Many Areas Of Medical Malpractice

There are numerous types of medical malpractice, including:

  • Failure to provide timely, adequate care and treatment: Delays or inadequate care can lead to worsening conditions or irreversible damage.
  • Surgical errors: Mistakes during surgery can result in severe complications, additional surgeries or even death.
  • Birth injuries and OB/GYN malpractice: Negligence during childbirth can cause lifelong disabilities or harm to both the mother and child.
  • Orthopedic malpractice: Errors in treating bone and joint issues can lead to chronic pain, mobility problems or permanent disability.
  • Cancer misdiagnosis: Failing to diagnose cancer early can result in missed treatment opportunities, reducing survival chances.
  • Medication errors: Incorrect medications or dosages can cause adverse reactions, worsening of conditions or new health issues.
  • Defective medical devices: Faulty devices can lead to injuries, failed treatments or additional surgeries.
  • Brain injuries: Negligence causing brain injuries can lead to cognitive impairments, physical disabilities or emotional challenges.
  • Kidney injuries and misdiagnosis: Misdiagnosing kidney issues can lead to kidney failure, requiring dialysis or transplantation.
  • Anesthesia errors: Mistakes with anesthesia can cause brain damage or nerve injuries, or even be fatal.
  • Misdiagnosis: Incorrect diagnoses can lead to inappropriate treatments, worsening conditions or missed critical interventions.
  • Hospital and nursing negligence: Inadequate care in hospitals can lead to infections, falls or other preventable injuries.

Any of these situations can result in severe injuries or wrongful death, which causes enormous expense and trauma for the malpractice victim and their family.

Addressing Never Events And Their Serious Implications On Victims

“Never events” refer to serious medical errors that should never occur. As they are entirely preventable, they often serve as clear-cut evidence of negligence. The Centers for Medicare & Medicaid Services (CMS) classifies these specific medical errors as never events. These mistakes can include:

  • Wrong-site surgery: A surgeon operates on the incorrect limb, organ or side of the body.
  • Wrong patient incident: The medical team fails to identify the right patient for surgery.
  • Incorrect surgical procedure performed: A patient undergoes a procedure that was not scheduled or intended for them.
  • Foreign objects: The medical team leaves a foreign item inside a patient’s body such as sponges, needles and other surgical instruments.
  • Incompatible blood transfusions: The medical team transfers a blood type that does not match the patient’s.
  • Severe bedsores: A nurse fails to provide basic nursing care and monitoring, leading to a patient developing advanced bedsores.
  • Contaminated or broken medical devices: A surgeon uses contaminated or malfunctioning medical devices during the surgery.
  • Medication errors: A patient suffers severe harm or death due to the administration of the wrong drug or a known allergen.
  • Fall events: Depending on the circumstance, a patient gets severely injured due to a fall while being cared for in a healthcare facility.

When never events happen, they remove much of the ambiguity often present in medical litigation. The legal focus shifts from whether a mistake happened to how the hospital allowed such a systemic failure. For a claimant, this can simplify the process of proving negligence, as these events are viewed by the medical community and the courts as inexcusable lapses in professional duty.

What Constitutes Medical Malpractice In Oregon?

For you to have a valid medical malpractice case in Oregon, your attorney must prove the following:

  • There was a professional duty owed to you by the healthcare provider.
  • The duty was breached.
  • The breach led to an injury.
  • The injury caused serious harm or wrongful death.

This type of medical negligence must be proven before you can recover damages from the provider and/or healthcare corporation.

How Do You Know If You Have A Medical Malpractice Case?

There are things to look for in a possible malpractice case, such as the following:

  • Your diagnosis did not align with your symptoms.
  • The treatment is not helping you improve.
  • The treatment or lack of proper treatment resulted in injury or prolonged your illness.
  • Your doctor did not run the normal tests for your condition.
  • Another doctor has a different diagnosis.

These are just a few signs that you may have a medical malpractice claim. When you speak with attorney Kalur, she will explain how these cases are investigated and resolved.

Medical Malpractice Is Also About Holding Healthcare Providers Accountable

When doctors, nurses, technicians or corporations do not practice within the reasonable standard of care for their profession, it can result in terrible consequences for the injured patients. In addition to recovering compensation for the victims, these cases can hold providers liable for the damage they caused.

Why Hire Kalur Law For High-Value Medical Malpractice?

If you are considering filing a medical malpractice claim, you need more than just a lawyer. You need an advocate who understands your pain. With over 20 years of legal experience, attorney Kalur brings a uniquely personal perspective to medical malpractice. Here’s how she can help:

  • Personal experience and compassion: She is driven by her own experience as a former competitive athlete whose knee injury was initially mishandled by a surgeon. She understands the devastation felt by people and athletes who sought a better life through a procedure only to have it destroyed.
  • Uncovering altered records: She looks for falsified or altered electronic medical records and relies on audit trails, which can be a massive advantage in proving negligence.
  • National reputation and trust: Her skill and reputation are validated by the fact that other lawyers across the United States speak highly of her and confidently refer complex cases to her firm.
  • Extensive expert network: She maintains a robust network of experts, professionals and orthopedists necessary for building a commanding case.
  • Nationwide client reach: She not only takes cases across the U.S. but also offers consulting services to other attorneys, cementing her status as a leading authority in the field.

Her connections and history of consulting for other attorneys across the country speak volumes. The fact that other lawyers throughout the country confidently refer cases to her speaks to her skill, reputation and commitment to justice.

High-Value Representation With A Portland Advantage

While Laura Kalur represents clients across the country, her home base in Portland provides a distinct tactical advantage for Oregon families. She knows the region’s major healthcare systems, including the high-volume wards of Providence St. Vincent Medical Center and Legacy Emanuel Medical Center, and the academic environment of OHSU Primary Care Clinic on Marquam Hill.

By choosing Kalur Law, located in the Kruse Way corridor, you benefit from a localized approach that downtown firms often overlook:

  • A sanctuary from the city center: After a hospital injury, you should not have to deal with the stress of downtown Portland traffic or the multilevel parking garages of the South Waterfront and Marquam Hill. The firm’s Portland office offers a private environment with accessible, ground-level parking. This provides a more convenient experience than the congested city center.
  • Clackamas County experience: Attorney Kalur is part of this community and appears regularly in the Clackamas County Circuit Court. She understands the procedural nuances of the local bench and the perspectives of local juror pools, which matters when a case moves toward trial.
  • Strategic proximity: Located just off I-5 and Highway 217, the firm is a local choice for families in West Linn, Tigard and Tualatin who require significant legal resources along with personal service.

This combination of national authority and Clackamas County roots helps attorney Kalur provide the precision and local focus required to pursue a high-value result.

It Is Best To Contact A Medical Malpractice Attorney Right Away

These cases are complex and can take time to settle or go to trial, so do not delay contacting a lawyer as soon as possible. Medical malpractice claims in Oregon must usually be filed within two years of discovering the injury or when it reasonably could have been found. This baseline changes significantly for cases involving children, claims against public versus private medical facilities and cross-state situations where other jurisdictions’ deadlines may apply.

Talk To Attorney Kalur Today For A Strong Medical Malpractice Claim

If you or a loved one has been affected by medical malpractice, it is crucial to take action. Attorney Kalur is here to support you in seeking justice. She has successfully handled complex, high-value medical malpractice cases such as a 44-year-old patient who suffered nerve damage and bedsores due to hospital neglect while on a ventilator. In another case, an orthopedic surgeon proceeded with implants despite a positive MRSA test, resulting in a severe infection.

Her strategy relies on meticulously analyzing medical records and using expert testimony to uncover discrepancies and instances of negligence. This rigorous approach allows her to build a compelling case by catching errors and lies that others might overlook.

Call Kalur Law at 503-568-1847 today or send an email to set up your free consultation. Clients from Portland and all over the United States can set up an appointment.