Information About Web Based Malpractice Search Results:
Malpractice claim information is compiled by the Oregon Medical Board from reports received
from insurers, public bodies, self-insured entities, or health maintenance organizations. Reporting
requirements are governed by ORS 742.400. A malpractice claim is a written demand for payment
regarding alleged professional negligence that has been filed in a court. The information below
represents reports received to date; not all reports may have been submitted to the OMB.
Per ORS 742.400, only closed claims that resulted in a judicial finding or admission of liability
or a money judgment, award or settlement that involves a payment to the claimant/plaintiff are posted
online. Also, claims filed before 1/1/2006 and no new claim was filed within a four-year period are not
posted.
The settlement of a medical malpractice claim may occur for a variety of reasons that do not necessarily
reflect negatively on the professional competence or conduct of the provider. Therefore, there may be no
OMB disciplinary action for a licensee, even though there is a closed malpractice claim. A payment in the
settlement of a medical malpractice action does not create a presumption that medical malpractice occurred.
Additional
Malpractice Claim Information is available online. Disputes about malpractice claim reports and the content of
this information should be directed to the licensee's malpractice insurance carrier.
The malpractice search results below show closed malpractice claims that were filed in court and resulted in
a judicial finding or admission of liability, or a monetary judgment, award, or settlement that involves payment
to the claimant/plaintiff by anyone named in the claim. Additional information is available in a printed Malpractice
Search Report which can be requested by submitting the Licensee Information Request form.
Licensee:
Welker, Kenneth Jay MD
Malpractice Claims
(1) Settled by parties
$560,000
Patient underwent colonoscopy performed by Dr. Welker for abdominal pain and guiac positive stool. Several polyps were removed, all negative for cancer. Dr. Welker was unable to completely remove one polyp. Samples were removed and pathology diagnosed those samples as non-cancerous tubular adenoma. Dr. Welker advised the patient to undergo repeat colonoscopy in two years. The patient was diagnosed with metastatic colon cancer in 12/08 and expired 4/2010. His estate alleged that Dr. Welker violated the standard of care by failing to inform the patient that one polyp had not been completely removed, failing to do a repeat colonoscopy within a few months to remove the remaining polyp completely and/or failing to refer the patient to a specialist who could remove the polyp completely.
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Oregon Medical Board
1500 SW 1st Ave, Suite 620
Portland, OR 97201
Phone: (971) 673-2700