Suing the State of Oregon DHS for Foster Child Abuse

In recent years, concerns have emerged regarding the well-being of foster children under the care of the State of Oregon Department of Human Services (DHS). Allegations of abuse and neglect have raised serious questions about the effectiveness of the state's foster care system, prompting some families to consider legal action. Some of those families have come to Ross Law which has successfully litigated cases against the State of Oregon for their failures to Oregon’s foster children. Suing the DHS for foster child abuse is a complex process, but it is a necessary process to ensure the protection of vulnerable children.

Understanding the Legal Landscape:

Taking legal action against a government agency like the DHS involves navigating a complex legal landscape. While the government is typically protected by sovereign immunity, there are exceptions that may allow individuals to sue for damages in cases of abuse or negligence. One such exception is when the government agency fails to uphold its duty to protect the rights and safety of foster children. Another legal issue that commonly arises is the Tort Claim Notice which may be necessary depending on the legal status of the custody of the child when the harm arose. Additionally, there are different legal claims ranging from negligence under Oregon’s Tort Claims Act, Strict Liability for Foster Children abusing others, and Civil Rights violation for the State’s violations of the child’s civil rights.

Building a Case:

To successfully sue the State of Oregon DHS, it's crucial to gather compelling evidence of abuse or neglect. This may involve obtaining medical records, testimonies from witnesses, DHS CPS Records (investigative reports and findings), police reports, and any documentation of any reported incidents. Engaging the services of an experienced attorney with expertise in child welfare cases is essential for building a strong case against the government agency.

Challenges and Considerations:

Suing a government entity comes with its own set of challenges, including legal hurdles and potential backlash. The process can be lengthy and emotionally draining, requiring a resilient commitment to the pursuit of justice. It's essential to weigh the potential benefits against the inherent difficulties, considering the impact on the affected children and their families.

Advocating for Change:

While legal action is a route for seeking justice for individual cases, it's also an opportunity to bring attention to systemic issues within the foster care system. Ross Law and others can leverage the legal process to push for policy changes, increased transparency, and improved oversight to prevent future cases of abuse and ensure the well-being of all Oregon’s foster children.

Conclusion:

Suing the State of Oregon DHS for foster child abuse is a challenging but potentially impactful endeavor. It requires dedication, a strong legal strategy, and a commitment to improving the overall welfare of vulnerable children. By holding the state accountable, individuals can contribute to a broader conversation about the need for reform within the foster care system, ultimately working towards a safer and more protective environment for all foster children.

Need Help?

If you or someone you know has been abused while in the custody of the State of Oregon please call Ross Law at 503.224.1658 to discuss your case. Attorney Jeremiah Ross has represented foster children and victims of Oregon’s DHS’s failures throughout the State of Oregon.

Why Driving in Portland More Dangerous Than Ever?

A few years ago Portland drivers were a rare breed. Drivers were extremely cautious, considerate, and courteous. However, that abruptly changed in 2020. Now Portland drivers speed, tailgate, abruptly change lanes and run red lights. Many vehicles don’t have license plates and hit and runs are all too common. Traffic deaths in 2021 were the highest they have been in 3 decades. What happened in 2020 and 2021 that made driving in Portland so dangerous?

According to Willamette Week the three major contributors to Portland’s dangerous drivers are 1) speed; 2) impairment; 3) and “lack of enforcement of traffic laws.” More specifically there were 90% fewer traffic stops than in 2020. More specifically, in the first court of 2020, there were 4,678 traffic stops. In 2022 there were only 471 traffic stops in the first quarter. It is obvious that Portland’s drivers know it is very unlikely they will get a speeding ticket or be pulled over, so there is no need to comply with the law.

The obvious question then becomes why are the police not pulling people over for breaking the law? According to Willamette Week and the Portland Police Bureau, it is due to the City’s decision to underfund the police department which resulted in disbanding the traffic division so those officers could respond to other calls. In addition to the lack of the number of police officers to enforce traffic laws, Portland’s leaders also intentionally enabled traffic violators by directing the Police department to “discontinue many low-level stops” to make the city safer and more equitable. Most of these “low-level stops” were for breaking traffic laws that were drafted to keep people safe.

What is being done to make driving in Portland Safer? That depends on who you ask. According to past Mayoral candidate Sarah Iannorone she believes that people just need more education and better infrastructure, but is opposed to any increased traffic law enforcement. It is obvious that people know that speeding and driving dangerously can result in injury or death, so it is unclear how Iannarone’s ideas are going to make anyone safer. Law enforcement has conceded they don’t have the resources to enforce traffic laws at an effective level, so until things change in the City’s leadership we are stuck with what we have.

What can you do if you were in a crash with a dangerous or reckless driver, or if your relative was killed in a traffic fatality? Personal injury lawyers are one of the only deterrents to Portland’s bad drivers because many people know that if they get in a crash they will likely have to pay for the hell that they cause to the injured person. If the bad driver is uninsured, a good personal injury lawyer may still aggressively pursue the bad driver until the client is compensated.

For example, Portland Personal Injury Lawyer Jeremiah Ross recently represented a woman that was hit by an uninsured driver while she was crossing the street. The uninsured driver claimed he had no insurance and no assets. Ross Law filed a lawsuit against the bad driver’s wife for negligently entrusting her uninsured vehicle to her uninsured husband who ran into a lady in a cross-walk. The wife had the financial resources to pay for the injured pedestrian’s pain and suffering and medical bills. Undoubtedly the wife of the bad driver had a serious discussion with the bad driver about his negligent driving.

If you or someone you know has been injured in a traffic crash call Portland Personal Injury Lawyer Jeremiah Ross at 503.224.1658. Ross Law represents people throughout Oregon that have been injured in traffic crashes.

Please note that this blog is for informational purposes only and the majority of the information contained in teh blog is from teh June 24, 2022 Willamette Week article, “As traffic crashes and deaths continue to soar, traffic stops are way down.”

Who is Responsible for a fall in a Hospital?

Hospital falls are all too common these days. These falls can be devastating to the patient. Hospital falls often add significant time to the hospital stay, can interfere with the rehabilitation of the condition the patient is hospitalized for, and it can be financially crippling. Many times the patient will feel responsible for the fall because the patient does not understand the rules and policies that are meant to prevent falls.

Fall Risk

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Fall Risk 〰️

The hospital staff is 100% responsible for preventing falls. This is one of a nurse’s and CNA’s (Certified Nursing Assistant) primary functions. This is because patient falls resulting in serious injury (including “any fracture”) are “sentinel events.” These sentinel events are events that should not happen because they are entirely preventable in a hospital setting.

The Joint Commission noted that sentinel events are usually caused by various factors including, but not limited to, “communication failures, lack of adherence to protocols or safety practices, inadequate staff orientation, supervision, staffing levels, and a lack of leadership.” 

Sentinel events are also called “never events” by the National Quality Forum. The National Quality Forum notes that “patient death or serious injury associated with a fall while being cared for in a healthcare setting” should “never” happen. This is because hospital falls are entirely preventable. 

The Leapfrog Group is an organization that maintains data regarding patient safety in a particular hospital and also provides resources and tools. Numerous Hostpitals are members of The Leapfrog Group. The Leapfrog Group affirms, “Some mistakes in the hospital are so egregious that they are referred to as never events.” As a result of these events, Leapfrog requested hospitals to commit to nine actions if a “never event” occurred: 1) Apologize to the patient, 2) Report the event, 3) Perform a root cause analysis, 4) Waive Costs directly related to the event, 5) Provide a copy of the hospital’s policy on never events upon request, 6) Involve patients in the root cause analysis when willing to participate, and three additional actions.

Additionally, the Centers for Medicare & Medicaid Services (CMS) noted “never events” are “serious and costly errors in the provision of healthcare services and should never happen.” Medicare will not issue payment for treatment associated with a “never event.” In short, in-patient hospital falls only happen if a hospital is negligent, so Medicare is not going to pay for the hospital’s mistake and the patient should not have to pay either.

This may seem harsh, but it is easy to prevent these serious injuries. Hospitals have fall risk assessment tools to determine who is a high fall risk and who will need additional assistance. These are routinely given and are easy to do. Additionally, things like “bed alarms” and “bed rails” are intended to ensure hospital staff is alerted when a fall-risk patient leaves the bed. Hospital staff is usually required to designate the patient as a fall risk and identify them by using a wristband or writing it on the whiteboard in the hospital room. Hospital staff is typically required to stand near a high-risk fall patient and be ready to assist them if the patient is walking (ambulating). Hospital staff is typically required to have the door open and be in a position to assist the patient off the toilet when the patient is a high fall risk. Hospital staff must communicate effectively to ensure the patient understands they are a fall risk. These are just a few things most hospitals can easily do to prevent falls. That is why these “Sentenial Events” should not occur.

If you or someone you know has been injured in a Hospital Fall, call Ross Law at 503.224.1658 to discuss your legal options. Jeremiah Ross has held Hospitals responsible throughout the State of Oregon for failing to do their job to prevent patients from falling. Please remember that this blog article is for informational purposes only and policies, laws, and guidelines can change. Do not rely solely on this post to determine who is responsible for a hospital fall.

Jeremiah Ross Selected as National Trial Lawyer Top 100

The National Trial Lawyers Association has selected Jeremiah Ross as a Top 100 Civil Plaintiff’s Lawyer in the United States. This selection reflects Jeremiah Ross’s dedication to Oregonians and their Personal Injury Cases, Crime Victim Cases, and consumer cases.

If you or someone you know need a personal injury lawyer, crime victim lawyer, or a consumer lawyer in Oregon, please call Jeremiah Ross and Ross Law LLC at 503.224.1658.