Oregon Medical Malpractice Lawsuit Filed Against Kaiser For Late Diagnosed Prostate Cancer

162017_132140396847214_292624_nOn August 11, 2015, an Oregon medical malpractice lawsuit was filed against Kaiser Foundation Hospitals, Northwest Permanente, Kaiser Foundation Health Plan of the Northwest, and an Oregon physician, alleging that their negligence led to the unreasonable delay in diagnosing the plaintiff’s prostate cancer until it was diagnosed at Stage III. The defendants were the plaintiff’s health care providers between May 2010 and July 2015, according to the Oregon medical malpractice plaintiff.

The plaintiff alleges in his Oregon medical malpractice lawsuit that his PSA level was 6.99 on August 11, 2010, and that the defendants were negligent in failing to properly evaluate his elevated PSA level, in failing to recommend a biopsy of his prostate, and in failing to order a biopsy on that date despite the plaintiff’s signs and symptoms of prostate cancer. The plaintiff’s lawsuit alleges the same negligent failures on May 2, 2011 (when the plaintiff’s PSA level was 6.71), on May 18, 2012, and on May 3, 2013.

As a result of the defendants’ alleged medical negligence, the plaintiff had to have a radical prostatectomy that resulted in impotence and partial incontinence, and the plaintiff’s lifespan has been shortened during which he will suffer prolonged pain and distress, according to his Oregon medical malpractice lawsuit. The plaintiff’s wife seeks compensatory damages in the amount of $1 million for her loss of consortium claim.

The plaintiff alleges that he did not discover the defendants’ negligent acts and omissions for more than two years before he filed his Oregon medical malpractice complaint on August 11, 2015. The plaintiff seeks compensatory damages from the defendants in the amount of  $500,000 for loss of earnings and future earning capacity, $500,000 for medical, hospital, and rehabilitation expenses, and $5 million for his noneconomic damages.

Source Pieh, et ux. v. Kaiser Foundation Hospitals, et al., Circuit Court of the State of Oregon for the County of Multnomah, Case No. 15CV21139.

Oregon Statute Of Limitations For Medical Malpractice Claims

Oregon Revised Statutes Section 12.110 provides, in part: “An action to recover damages for injuries to the person arising from any medical, surgical or dental treatment, omission or operation shall be commenced within two years from the date when the injury is first discovered or in the exercise of reasonable care should have been discovered. However, notwithstanding the provisions of ORS 12.160 (Suspension for minors and persons who are insane), every such action shall be commenced within five years from the date of the treatment, omission or operation upon which the action is based or, if there has been no action commenced within five years because of fraud, deceit or misleading representation, then within two years from the date such fraud, deceit or misleading representation is discovered or in the exercise of reasonable care should have been discovered.”

If you or a loved one may be the victim of medical negligence in Oregon, you should promptly find an Oregon medical malpractice lawyer who may investigate your medical malpractice claim for you and represent you in a medical malpractice case, if appropriate.

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This entry was posted on Thursday, August 20th, 2015 at 5:25 am. Both comments and pings are currently closed.


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