Understanding How Oregon Medical Malpractice Treating Sports Injuries Can Result in Serious Personal Injuries
We are all familiar with the tragic stories and devastating injuries in school sports. A star quarterback is confined to a wheelchair after a tackle or a soccer player with a scholarship tears an ACL and can never play again. Teams employ athletic training and sports medicine staff, who are responsible for providing athletes with medical care and bear responsibility keeping athletes safe in practice and during competition. Because of the supervision of professionals, many sports related injuries are preventable and may be considered the result of Oregon medical malpractice treating sports injuries.
Employers are responsible for the actions of their staff. Hospitals are thus responsible for the actions of their medical staff. Likewise, sports teams and schools may be liable for the injuries suffered as a result of their staff’s negligent actions. If you or a loved one are an athlete who has suffered an injury as the result of the negligence of a team doctor or athletic trainer, our Oregon medical malpractice attorneys can help you get compensation for your pain and suffering.
Physical Examinations After Sports Injuries
Athletes of all ages must generally complete physical examinations before participating in a sports team, which includes monitoring physical and mental health, ensuring general health, and screening for any medical risk factors, such as heart conditions. The doctors or athletic trainers responsible for conducting physicals have a duty to perform them with a standard of care and must inform the athlete or their parents of any discovered conditions which place them at risk and inform them of the risks posed by sports related physical exertion (1).
When these doctors or athletic trainers fail to perform their duties, or violate the standard duty of care, they may be held liable under Oregon medical malpractice law in the event of an injury that would have been prevented if not for the negligence.
Injury Evaluations and Treatment of Sports Injuries in Oregon
Common to almost every sport, especially those involving contact between players, are concussions. Because of this, an immense amount of research has been devoted to better treating and preventing concussions. Athletic trainers and team doctors must be prepared to diagnose and treat concussions as soon as possible, in order to ensure necessary protocol is followed and a positive outcome results.
If a team doctor fails to diagnose a concussion, that athlete may then continue playing and and be at risk for a successive concussion, putting their brain health in serious danger. In instances of multiple or delayed diagnosed concussions, the athlete and their family could file an Oregon medical malpractice lawsuit against the team doctor or athletic trainer because of a failure to diagnose the concussion and violation of the standard duty of care. When this happens it could result in Oregon medical malpractice treating sports injuries.
Likewise, possible injuries to an athlete’s back or neck require immediate and thorough examination and treatment. When a team doctor or athletic trainer fails to promptly spot and address these types of injuries, the result may be devastating consequences such as serious brain injury or paralysis
Referral with Medical Specialists in Oregon
While team doctors and athletic trainers are held to a high standard of care, they are not entirely responsible for every instance involving an athlete, because they cannot possibly have the required knowledge of every type of injury. They are potentially still liable, however, for ensuring athletes are referred to more experienced doctors. In this situation, their duty is to properly identify when an injury is potentially serious and if they fail to properly identify a serious injury and refer the athlete to the experienced medical professional, then the athlete may be able to pursue a medical malpractice claim against the negligent team doctor or athletic trainer. I
An example of this is Dai’ja Thomas, a talented college basketball player in Texas. During the basketball season, she began to suffer knee pain. Thomas took her concerns to the team’s coach and doctor, who failed to perform an MRI, instead only administering steroid shots. Thomas eventually got an MRI which revealed that large amounts of cartilage in her knee were damaged or destroyed. As a result of the delay in diagnosis and treatment of her knee condition, she had to receive knee surgery and still faces daily pain and complications making it difficult to walk. By failing to order an MRI of Thomas’ knee, the team’s staff arguably were acting in violation of their duty of care and were committing medical malpractice.
Experienced Portland Medical Malpractice Attorneys Handling Oregon Medical Malpractice Treating Sports Injuries
Medical malpractice cases are complicated, and involve the selection and use of medical experts to ensure a case is successful and compensation obtained. Litigation is a complicated legal process and requires knowledge of procedure and the ability to construct strong arguments and anticipate defenses. It is important to use an attorney experienced with Oregon medical malpractice treating sports injuries. Our attorneys will help you or your loved one present the strongest case possible to ensure success of your medical malpractice claim.
If you or a loved one have been seriously injured or killed as a result of medical malpractice contact the Oregon Medical Malpractice Lawyers at Kuhlman Law at our number below or fill out the intake form. We offer a free initial case evaluation and handle cases on a contingency fee which means that you pay no money unless we recover.
Our law firm handles cases throughout the state including Bend and Portland Oregon, Redmond, Central Oregon, Sisters, Madras, Multnomah County, Deschutes County, Salem, Eugene, Corvallis, Lane County, Medford, Gresham, La Grande, Albany, Medford, Beaverton, Umatilla, Pendleton, Cottage Grove, Florence, Oregon City, Springfield, Keizer, Grants Pass, McMinnville, Tualatin, West Linn, Forest Grove, Wilsonville, Newberg, Roseburg, Lake Oswego, Klamath Falls, Happy Valley, Tigard, Ashland, Milwakie, Coos Bay, The Dalles, St. Helens, Sherwood, Central Point, Canby, Troutdale, Hermiston, Silverton, Hood River, Newport, Prineville, Astoria, Tillamook, Lincoln City, Hillsboro, and Vancouver, Washington.
We also have an office in Minneapolis, Minnesota and take medical malpractice cases throughout the Twin Cities, including St. Paul, Hennepin County, Ramsey County, Dakota County, Washington County, Anoka County, Scott County, Blaine, Stillwater, and Saint Paul Minnesota.
1) Collum, J. (2001). Legal developments regarding injuries related to
participation in and/or affiliation with athletic events. Sports,
Parks and Recreation Law reporter, 14(4), 56-58.