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Wrongful Death Archives

Physician-patient privilege may be waived for your case

If someone you love passes away due to mistakes made at a hospital or by a physician, then your family may be entitled to compensation through a wrongful death claim. One thing you may find troublesome is that there is physician-patient privilege that could make it hard to obtain your loved one's medical records.

Family files wrongful death claim after teenager's death

In a story that could just as easily occurred in Oregon, a teenager was on the wrestling team at his high school in Nov. 2010. During wrestling practice that month, he was injured. Within a year, the then 16-year-old was dead. The trial regarding the wrongful death claim filed by his family is now underway and is expected to last for approximately two weeks.

Jury only took 90 minutes to decide wrongful death claim

Oregon residents often go to doctors for ailments that are not life-threatening. They do not anticipate that they will end up hospitalized or that their lives will be in danger because of receiving treatment for them. However, on occasion, something goes horribly wrong, and a patient dies. A victim's surviving family members most likely never thought that they would be exercising their rights to file a wrongful death claim in the aftermath of what should have been considered a simple fix.

Proving damages in a wrongful death claim

There are generally two phases to every trial involving the loss of a loved one in which it is alleged that one or more parties' actions -- or inaction -- caused or contributed to that death. First, An Oregon court will determine liability of the defendants in the wrongful death claim. If that is established by appropriate evidence, it will then be necessary to prove the damages sought by the plaintiffs.

Woman files wrongful death suit claiming hospital negligence

Oregon readers may already be aware that what happens in the hours following a major surgery is crucial to a patient's recovery. For instance, after heart bypass surgery, it may be necessary to help oxygenate the patient's blood. This is often achieved using an extracorporeal membrane oxygenation machine (EMCO), which circulates the blood. The machine can only do its work properly if those attending the patient are careful. In one wrongful death case in another state, a woman claim's her husband's death was caused by hospital negligence.

Wrongful death, medical malpractice cases have their own nuances

If you were to suffer some medical emergency that required immediate attention, you would be scared, right? That fear is a complex emotion, because there are likely numerous elements that, all together, compose that fear. You're afraid of what this medical condition will do to you physically; you're worried about how this medical condition will impact your finances and your ability to work; you're worried about the threat it poses to you in the long run.

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