Unnecessary surgery in Oregon What happened next

Have you ever felt that your doctor in Oregon wasn’t fully transparent before a major procedure? Many face this issue, and it’s understandably concerning. Knowing the law is key to addressing these situations. This article explores a landmark case to guide you on informed consent and negligence.

Situation

Specific Situation

In the state of Oregon, there was a couple known as the Macys who filed a lawsuit against a doctor. They believed that their doctor, whom we will call Dr. B, did not take proper care of Mrs. Macy’s health. She had been having a lot of pain in her pelvic area, and Dr. B suggested she should have some surgeries. The Macys thought that these surgeries were not needed and that Dr. B didn’t explain everything properly before doing them. The Macys also said there was a personal, romantic relationship between Mrs. Macy and Dr. B, which might have made Dr. B less professional when treating her.

Judgment Outcome

The court decided partly in favor of the Macys. The judge agreed that the relationship between Mrs. Macy and Dr. B could have affected how well Mrs. Macy understood the medical procedures she agreed to. The court said that the case should go back to trial to focus on whether Dr. B really got Mrs. Macy’s informed consent for the surgeries. The case number for this decision is SC S45678.

Resolution Method

Immediate Actions

If you find yourself in a situation like Mrs. Macy’s, where you think your doctor didn’t give you all the information you needed before a procedure, the first step is to gather all your medical records. It’s important to have a clear picture of what the doctor told you and what you signed. Document everything you remember about your conversations with your doctor. If there’s a personal relationship involved, note how it might have affected your decisions.

Drafting and Filing a Complaint

Next, consider speaking with a lawyer who specializes in medical malpractice cases. They can help you draft a complaint that clearly outlines why you believe your doctor was negligent. When filing the complaint, you will need to submit it to the appropriate court and notify the doctor and their legal team. Your lawyer will guide you through this process, ensuring you meet all legal deadlines and requirements.

Negotiation and Settlement Strategies

Before going to court, you might have the opportunity to settle the case through negotiation or mediation. This is where both sides meet to discuss a possible agreement without going through a full trial. A settlement can save time and costs, and often both parties prefer it. If you decide to pursue this route, your lawyer will help you negotiate terms that are fair and just, considering the circumstances of your case.

FAQ

What is informed consent?

Informed consent is when a doctor explains all the important details about a medical procedure, including its risks and benefits, so that you can make a knowledgeable decision about whether to go ahead with it.

What does OEC 401 mean?

OEC 401 is a rule that says evidence is relevant if it can make a fact more or less likely than it would be without that evidence. This helps decide what evidence can be used in court.

How is relevance determined?

Relevance is determined by seeing if the evidence can make a fact that matters in the case more or less likely, based on the legal rules and standards.

What does OEC 403 state?

OEC 403 allows a judge to exclude evidence if it might cause unfair prejudice or confuse the jury more than it helps to prove something important.

What is ORS 677.095?

ORS 677.095 sets the standard of care for doctors in Oregon, meaning they must act as carefully and skillfully as other doctors in similar situations would.

What does ORS 677.097 require?

ORS 677.097 requires doctors to explain a procedure, its risks, and alternatives, ensuring the patient understands enough to make an informed decision.

Why was some evidence excluded initially?

Initially, the trial court excluded evidence of the relationship because it thought the evidence could unfairly influence the jury against the doctor without actually proving negligence.

What is the standard of care?

The standard of care is the level of skill and diligence that a typical doctor is expected to provide in similar situations.

How is negligence proven?

Negligence is proven by showing that a doctor did not meet the standard of care, and this failure caused harm to the patient.

What is a motion in limine?

A motion in limine is a request made before a trial starts to prevent certain evidence from being shown to the jury, usually because it might be irrelevant or prejudicial.