When you pursue a wrongful death lawsuit, you’re seeking to hold accountable those responsible for your loved one’s premature demise. The other side seeks to avoid or minimize liability to the greatest extent possible. That defense position often entails making the litigation process as burdensome on you as possible within the confines of the law. These harsh realities serve as reminders of the importance of a skillful Oregon wrongful death lawyer, both in shouldering that burden and applying the brakes when the other side has stepped outside the confines of what the law allows.
One area where this can be particularly true is the pretrial discovery process. Defense attorneys might demand a wide array of things, including many personal medical records. Is it frustrating? Yes. Is it intrusive? Yes. Is it legal? As one recent wrongful death case that originated here in Portland demonstrates, not necessarily.
The lawsuit originated after the passing of H.D., a boy born prematurely who died of cardiac arrest at the age of five months. The boy’s mother, acting in her capacity as the personal representative of the estate, sued for wrongful death, alleging medical negligence.