Oregon Personal Injury Lawyer Blog

Radiologists are among the doctors most liable to claims of medical malpractice, according to the authors of a study entitled, Spectrum of diagnostic errors in radiology. The authors surveyed other studies, and fund an average error rate among radiologists of "around 30%," with missed cancer among the most common errors.

The authors found four main reasons for radiologist negligence: (1) not seeing the cancer or fracture, (2) misinterpreting what was seen, (3) failure to suggest the next appropriate step, and (4) not communicating with the referring doctor in a timely and appropriate way.

Missing the lesion, entirely, sometimes occurs when the doctor is focusing on something more eye-catching on the image, or because the doctor started with a preconceived notion of what he or she is looking for. Even without distraction, 30% to 70% of breast cancers found on a later mammogram can be seen on an earlier mammogram, according to a bulletin issued by the American College of Radiology.

The article discusses that a radiologist's job is not finished by the mere issuing of a report. If the radiologist finds something not expected or something requiring urgent attention, he or she should communicate directly with the physician. Also, if the radiologist sees something that is not clear or inconclusive, then the radiologist should report on what other procedures might be performed to achieve a more reliable diagnosis.

Jeff Merrick, Oregon Trial Attorney
Injury & Employment Law
503-665-4234

The above is not legal advice. I cannot give you sound advice without knowing more information. It is intended to raise some issues for you to discuss with your own lawyer.

Oregonians with traumatic brain injury often have to fight insurers to cover cognitive rehabilitation therapy. Today, National Public Radio reported that soldiers, who acquire brain injuries fighting for us, then have to fight some more for cognitive rehabilitation therapy.

It's not unusual to have to fight insurance companies when they deny cognitive rehabilitation. We all know the drill: insurers accept our premium dollars, but then deny coverage that could be expensive, and cognitive therapy can cost tens of thousands of dollars.

Blue Cross Blue Shield published its reasons for denying coverage. On the other hand, Aetna covers cognitive rehabilitation when appropriate.

The NPR story notes "unequal care" to troops depending on the strength of their advocates. In other words, the harder you fight, the better is the chance brain injured people get the treatment they need.

For those with acquired brain injuries, the fight has to be fast because the benefits of therapy decline over time. The sooner one gets the treatment, the better. Consequently, for some denials, we need to seek expedited consideration from the court. Oregon's courts, especially in Multnomah County, are pretty good for granting expedited consideration when appropriate.

Although we've learned to expect "unequal care" with private insurance companies, I think we should expect that our troops would get appropriate care without having to battle claims adjusters at home.

Jeff Merrick, Oregon Trial Attorney
Injury & Employment Law
503-665-4234

The above is not legal advice. I cannot give you sound advice without knowing more information. It is intended to raise some issues for you to discuss with your own lawyer.

Oregon's Court of Appeals held that the Douglas County Sheriff could not check the medical marijuana database to confirm that an applicant for a concealed handgun license ("CHL") lied about his marijuana use.

Here are the facts. Robert Held applied for a CHL. The application asks about the use of controlled substances, including marijuana. Mr. Held denied use. Sheriff Hanlin checked with the state database, and found Mr. Held had a medical marijuana permit. When the Sheriff asked for more details, Mr. Held balked, and the Sheriff denied the handgun permit because Mr. Held did not complete the application.

The court applied a straight statutory construction analysis. When two statutes seem to conflict, then the more specific and current statute controls. The medical marijuana law says police may check to determine if someone is a permitted user and not for other purposes. Sheriff Hanlin said the concealed handgun law allows him access to the information, too. The court said that the newer, more specific medical marijuana law applied, and the Sheriff was wrong to see if Mr. Held had a marijuana identification card.

So, in effect, Sheriff Hanlin has to ignore the fact that Mr. Held denied using marijuana (unless the Sheriff gets information from another source).

Here's my loaded question to lawmakers and voters: Should we amend the law to allow sheriffs to examine all databases when deciding whether to let loaded people carry loaded handguns?

Jeff Merrick, Oregon Trial Attorney
Injury & Employment Law
503-665-4234

The 16-year Road to Glendale, Arizona.

"The Pick" began the modern era of Oregon Duck Football. No matter how many times old men see the video, we still bite back the tears because, before "The Pick," we only tasted the bitter frustration of others using Oregon like firewood to stoke their engines.

In the early 1990s, the most hated "other" was the University of Washington, the national champion in 1990 and 1991. In 1994, Oregon met its bitter rival on that sunny October day in Eugene. Oregon led by 4 points when Washington took over at the end of the 4th quarter. We despaired as Washington marched inexorably toward a dispiriting conclusion. On the 12th play of the drive, in the final minute of the game, Washington tried for the winning score. (video)

Oregon won the Pac-10 and played in the Rose Bowl that year.

After 1994, Oregon improved, year after year. Oregon should have played for the national championship in 2001-02 season. Instead, the computers put Nebraska in the championship game, even thought it did not win its own Big 12 conference. Oregon, behind quarterback Joey Harrington, dominated Colorado, Big 12 winner, and Oregon finished No. 2. (Remember "Joey" for "Return of the Quack")

Nike owner Phil Knight owes his millions to his years on the Oregon track team and his association with legendary coach Bill Bowerman. Phil has given back, not just with luxurious sports facilities, but academic facilities, too.

Great facilities and another run toward the national championship in 2007 helped recruiting. Unfortunately, the 2007 dream died when quarterback, Dennis Dixon, tore his ACL. (video) Our current quarterback, Darron Thomas, saw himself in the Dennis Dixon mold

Puddles, the beloved mascot.

Win or lose, Oregon fans love Puddles, the duck mascot. Though cute, Puddles does have an edge. Puddles has been known to fight other mascots, ride Harleys, and perform in rap videos. ESPN produced an entertaining profile.

The 2010-11 team.

Today's Oregon Ducks team prides itself on speed: fast players operating a hurry-up, no-huddle offense for the whole game. The effect is to wear out the other team and prevent them from substituting. Teams have faked injuries to slow down the pace. Here's an egregious example that got a Cal coach suspended.

Supwitchugirl and I LOVE MY DUCKS.

Last season, three kids produced a funny and inspirational music video celebrating the Ducks march toward the Rose Bowl. It began with nerdy guys in a rose garden sweetly singing, "I smell ro-ses."

This season's sequel starts with a 37-second Joey Harrington cameo before the music starts. So, as you prepare to sit down and cheer the Ducks with your Oregon microbrew, Oregon wine and Tostitos, please enjoy, "Return of the Quack."

My Prediction.

Oregon leads the nation in knocking down and intercepting passes: 96 times so far. By comparison, Auburn ranks #71 in passes defended. Pass defense made the difference against Stanford, and it will be the difference in "The Natty."

Final score: Oregon 42 Auburn 36.

'Tis the season to treat children to gifts. The last thing you want do is provide gifts that injure children. Here's a buying guide of 6 safety tips.

1. Consider the age of ALL children in the household.

A toy that is great for an 8 year old might be deadly to her 2-year-old brother. Read the labels and obey. For example, when it says, "Not recommended for children under three," that's not a comment on intelligence. Two year olds put things in their mouths.

Marbles, game parts, or pieces less than 1.75 inches in diameter are choking hazards. If the item fits though a toilet paper roll, then it is too small for children under age 3. Avoid toys with buttons or eyes or pom poms that a child (or the dog) can twist and pull apart.

Safe Kids published a pocket guide to age-appropriate gifts.

2. Loud Noise Makers.

Some toys and electronics are loud enough to damage tender young ears. Look for the warning labels, and instruct kids appropriately.

3. Extra Caution for Crib Toys.

Soft toys present a suffocation hazard. Keep them out of the crib. Keep mobiles out of reach of children.

4. Sharp Edges; Sharp Toys.

Obviously, bows & arrows can be an issue. But what about sharp brittle plastic on other toys? Imagine whether the toy will withstand a good pounding or break into sharp parts.

5. Helmets and Safety Gear.

Don't give the bike or snowboard without a helmet. Elbow and knee pads should go with the skateboard. Coordinate with other givers.

6. Propelled Objects and Toy Guns

Okay, you relented and gave Jimmy a paint ball gun, which Jimmy will keep away from baby sister. But what about other toys that have projectiles? Any flying toys or missiles become weapons with creative play.

If you buy a toy gun, make sure it is brightly colored so it will never be confused for a real gun. Paint it yourself, if you need to. Again, make sure all kids in the house are mature enough and well trained to avoid dangerous conduct.

Dan Aykroyd selling a "bag of glass" is funny. Sometimes, however, the dangerousness of gifts for children is not so obvious. Following these tips may keep the joy of giving from becoming the tragedy of child injury.

Jeff Merrick, Oregon Trial Attorney
Injury & Employment Law
503-665-4234

Corded window shades and blinds create the risk of strangulation and other injury to children. This is nothing new. I wrote about the international initiative to reduce these child injuries last June.

Yesterday, Lowe's Stores agreed to recall 6 million Roman shades and 5 million roll-up blinds. They are not just cheap items. The prices ranged from $10 to $1,800.

Of course, the goal is prevention. We do not want child injuries. However, when products cause injury, then product liability lawsuits may be appropriate and necessary to pay for the injured child's medical care.

Jeff Merrick, Oregon Trial Attorney
Injury & Employment Law
503-665-4234

The above is not legal advice. I cannot give you sound advice without knowing more information. It is intended to raise some issues for you to discuss with your own lawyer.

Today, Oregon's Court of Appeals let a defense lawyer get away with a mistake. The case, Dickey v. Rehder, highlights an interesting unfairness in how Oregon law treats a late filing by a plaintiff compared to a late filing by a defendant.

Mr. Jim Dickey exchanged land for a $250,000 promissory note. When he was not paid, he sued both the wife and the estate of the deceased husband who signed the note. The wife, Ms. Rehder, did not respond in time, and Mr. Dickey's attorney obtained a default judgment against her. Later, the lawyer for the wife asked the court to overturn the default judgment, but did not do it in the right way. The court gave the attorney a "do-over," and eventually lifted the default judgment.

Even though the attorney messed up when trying to reverse the judgment, it was not legal malpractice, because there probably was no harm done (unless he was stupid enough to charge Ms. Rehder for the efforts to correct his mistake). Before one may sue for legal malpractice, the malpractice must cause some damage.

But here's the rub of the case for me. If my client files a lawsuit one day late, then his or her claim is lost forever. No excuses. No do-overs. Even a quadriplegic may not seek justice if she sues one day late.

On the other hand, if the alleged wrongdoers are late in responding to a complaint, the court, nearly always, gives them a second or third chance. Somehow, Oregon law recognizes the unfairness of a defendant losing by default. Yet, it is okay for a defendant to win by default.

Jeff Merrick, Oregon Trial Attorney
Injury & Employment Law
503-665-4234

The above is not legal advice. I cannot give you sound advice without knowing more information. It is intended to raise some issues for you to discuss with your own lawyer.