Medical malpractice occurs when a medical provider causes injury by failing to use the care and skill used by ordinarily careful providers practicing. A failure to use such care, skill, or diligence is negligence. A Plaintiff in a medical malpractice case must prove...
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Year: 2021
Are you scared to report workplace discrimination?
Most employees – around 70%, according to the Equal Employment Opportunity Commission (EEOC) -- do not report workplace discrimination. If speaking up were easy, there would be far less discrimination. Think about the last time you saw something wrong or unjust...
Employee or Independent Contractor?
It is not uncommon for employers to describe a worker as an “independent contractor” to avoid providing workers’ compensation coverage. A worker subjected to this arrangement, who is injured on the job, may not realize that he or she may still be entitled to workers’...
Fatal crashes increased in 2020: Why?
Since COVID-19 and the dramatic rise in people working from home, national traffic estimates show that fewer people drove few miles in 2020. Unfortunately, the total number of fatal crashes actually increased. If the traffic numbers were down in total, one would...
Have You Or Someone You Know Been Injured By a Preventable Medication Error?
Every year, billions of prescription medications are filled or administered. Most of these medications are delivered appropriately. However, an unacceptable number are handled negligently, unnecessarily causing preventable harm to patients and other consumers....
Wage Loss in Workers’ Compensation Claims
Timely payment of lost wages is critical for most injured workers, but there are a lot of requirements that an injured worker needs to be aware of. The obligation to pay wage loss is triggered when the insurer receives notice of the claim and a copy of the work...
Elmiron and Vision Loss
Elmiron is a drug prescribed to treat interstitial cystitis, sometimes called Bladder Pain Syndrome. This condition mainly affects women, and it causes abdominal and pelvic pain. Recent studies have found that patients who were prescribed and used Elmiron for a...
When reporting a concern results in retaliation
You have the right to a safe workplace environment. Some companies have a hotline where employees can report concerns. You can also report to your local Occupational Safety and Health (OSHA) office. However you choose to report, you have the right to do so without...
Do I really need an attorney for a work comp claim?
It’s a reasonable question. Most of my potential clients have never needed an attorney, and none of them ever wanted to be in a position to need one for a workers’ compensation claim. Some are concerned that if they get an attorney that they’ll be viewed as someone...
Standards for and distribution of punitive damages in Oregon
When someone is harmed by the negligent conduct of another, our civil justice system allows them to recover damages. These damages can include economic damages for things like medical bills and lost wages, and noneconomic damages for losses that are harder to...