Medical Malpractice is one of Maples, Nix & Diesselhorst, P.L.L.C.’s specialty areas. With decades of combined experience, we’ve helped many Oklahomans who have been adversely affected by medical malpractice and negligence.
What is Medical Malpractice?
Medical malpractice occurs when a healthcare professional (including physicians, pharmacists, nurses, or hospitals) provides care that fails to meet the standard of care, and this action (or lack of action) results in harm to a patient. Medical malpractice errors could include misdiagnosis, surgical mistakes, medication errors, or a variety of other failures in care. If a healthcare provider is negligent and it results in harm, they should be held accountable. Read our “What is Medical Malpractice?” article to learn more.
If you or a loved one has experienced medical malpractice, this guide is for you. Throughout it, you’ll find links to all of our articles and guides about medical malpractice. If you are ready to meet with a trusted Oklahoma medical malpractice attorney, contact our team today to schedule a free consultation.
The Legal Implications of Medical Malpractice in Oklahoma
It’s important for Oklahoma families who are the victims of medical malpractice or negligence resulting in catastrophic injuries or death to learn about the topic so they can seek experienced and trustworthy legal support. With this said, if you don’t know whether your injury is due to medical malpractice or hospital negligence, just call, we will be glad to talk with you. In Oklahoma, malpractice victims can often seek compensation for medical bills, lost wages, or other damages through legal action.
At Maples, Nix & Diesselhorst, P.L.L.C. our Oklahoma City medical malpractice attorneys believe holding healthcare professionals accountable is important for both the victims and for promoting better practices in the healthcare industry that will protect others from harm. As the victim of medical malpractice, you may face long-term physical, and financial consequences, and our team works closely with our clients to seek justice by proving the provider’s negligence and demonstrating the harm caused and its consequences. The role of an experienced medical malpractice attorney in Oklahoma is essential for those who have experienced medical neglect and harm.
We hope you find this guide a helpful resource as you begin the process of seeking justice after medical malpractice in Oklahoma.
What Are the Different Types of Medical Malpractice?
Medical malpractice can manifest in many forms. It’s helpful to be aware of the different types of malpractice that can cause injuries and harm.
Some of the most common types of medical malpractice include:
- Hospital Errors (including surgical and medication errors)
- Misdiagnosis & Failure to Diagnose
- Birth Injuries
- Surgical Errors
- Medication Errors
- Uninformed Consent
- Labor and Delivery Errors
Each type of medical malpractice can have severe consequences for patients, and identifying and understanding them is the first step in seeking justice. Below is a little more information about each of these.
Hospital Errors
Hospital errors are among the most prevalent types of medical malpractice. Hospitals are high-stress environments where multiple professionals and teams interact with patients throughout their treatment. However, this complexity increases the likelihood of mistakes.
Hospital errors often stem from poor communication, lack of coordination among staff, or inadequate hospital systems and procedures. In some cases, hospital errors can be as careless as medical record mixups. In many cases, hospital errors can result in severe harm or even death. If you or a loved one has been affected by a hospital error, it’s important to seek justice.
Read our Hospital Errors and Steps to Seek Justice blog post for more information.
Misdiagnosis & Failure to Diagnose
Misdiagnosis and failure to diagnose are serious forms of medical malpractice. When a doctor fails to identify a medical condition correctly or does not diagnose it promptly, the patient may receive the wrong treatment or no treatment at all. This delay in diagnosis can worsen the condition, cause prolonged pain, and even cause death.
Common situations where misdiagnosis can occur also include:
- Failure to recognize symptoms
- Incorrect testing
- Incorrect interpretation of tests; or imaging
- Failure to follow up
Misdiagnosis and failure to diagnose can have life-altering consequences for patients. For more information on the causes of misdiagnosis, visit our What Makes Misdiagnosis Medical Malpractice? blog post.
Surgical Errors
Surgical errors are another critical form of medical malpractice, and they can have lasting or even fatal consequences for patients. These mistakes occur during a surgical procedure, which can involve a number of steps, including preparation, anesthesia, the procedure itself, and post-operative care.
Some of the most common types of surgical errors include:
- Wrong-Site Surgery
- Leaving Surgical Instruments Inside the Patient
- Anesthesia Errors
Surgical errors often require corrective surgeries, long-term rehabilitation, and extensive recovery time. In some cases, these mistakes can even result in permanent disability or death. For more information about common surgical errors, check out our Wrong-Side, Wrong-Site, Wrong-Patient Surgeries article and Common Surgical Errors That Indicate Medical Malpractice article.
Medication Errors
Medication errors can occur at any stage of the medication process—from prescribing to administration. They may involve the wrong medication being prescribed, incorrect dosages, or adverse drug interactions that could have been prevented. Medication errors are a common cause of nurse negligence and malpractice.
Common medication errors include:
- Incorrect Prescription (Wrong Medication or Wrong Dosage)
- Drug Interactions
- Failure to Monitor
Medication errors can have serious consequences, including severe allergic reactions, organ damage, overdose, or death. Patients are particularly vulnerable if they have pre-existing conditions or are taking multiple medications. For more details, read our Common Medication Errors and What to Do blog post. You can also read our Tragic Results of Medication Errors in Nursing post to understand the full scope of the damage medication errors can cause in nursing homes.
How to Prove Medical Malpractice
A medical malpractice claim involves proving that a healthcare professional’s action or lack of action did not meet the standard of care and this professional’s negligence caused harm or injury. Four key elements must be demonstrated to establish a successful medical malpractice case: duty of Care, Breach of Duty, Causation, and Damages.
Several types of evidence, including medical records, expert testimony, witness statements, photographs, and other physical evidence, may be used to prove malpractice.
Duty of Care
The first element in any medical malpractice claim is the duty of care. This refers to the legal obligation that healthcare providers (such as doctors, nurses, and hospitals) have to provide a standard of care that meets the accepted practices in the medical community. Every medical professional owes their patients this duty. In the simplest terms, when you visit an Oklahoma doctor or medical facility for treatment, the healthcare provider is expected to treat you in a manner that adheres to medical standards and practices.
To learn more about the duty of care and how it applies to medical malpractice, check out our What Must You Prove in a Medical Malpractice Case? blog post.
Breach of Duty
The next element is breach of duty, which occurs when a healthcare provider fails to meet the accepted standard of care in their field. This is the critical part of the case, where your medical malpractice attorney needs to prove that the doctor or healthcare professional’s actions (or inactions) fell short of what a reasonable provider would have done in a similar situation.
To explore further, take a look at our The Anatomy of Medical Malpractice Lawsuits blog.
Causation
Causation is the third element of a medical malpractice claim. It focuses on establishing that the healthcare provider’s breach of duty directly caused the patient’s harm or injury. This can be one of the more challenging aspects of the case, as it requires clear evidence that the provider’s negligence directly caused the patient’s damages.
Establishing causation requires both legal and medical expertise, often relying on professionals in the medical field working on your legal team and on expert testimony. Expert witnesses can help demonstrate that a breach of duty directly led to the patient’s harm or injury.
Damages
The final element in a medical malpractice case is damages. To succeed in your claim, your case must prove that the breach of duty caused actual harm, and you need to show the extent of that harm in the form of damages. Determining the scope of damages is an area where having an experienced Oklahoma medical malpractice lawyer, like those on the team here at MND, is invaluable to you and your family.
Damages in medical malpractice cases can be economic or non-economic and may include:
- Medical expenses
- Lost wages
- Pain and suffering
- Permanent disability
- Wrongful death
What is the Standard of Care in Medical Malpractice Cases?
The standard of care is the level of care and treatment that a reasonably competent healthcare provider would provide in similar circumstances. It is based on what the medical community recognizes as acceptable and effective treatment.
The standard of care varies depending on the healthcare provider’s specialty, the specific treatment or procedure, and the patient’s condition. In medical malpractice cases, the standard of care is a fundamental component of determining whether a provider was negligent. If the provider fails to meet this standard and this failure leads to harm, the provider may be held liable for medical malpractice. In certain circumstances, the hospital may also be liable for the harm; this is called vicarious liability.
To better understand the concept of vicarious liability and how it relates to the standard of care, read our What is Vicarious Liability? blog post.
Legal Process for Medical Malpractice Claims
Filing a medical malpractice lawsuit can be a complex and daunting process, but with the right legal guidance from a trusted Oklahoma medical malpractice attorney, you can navigate the steps toward obtaining justice. This section provides an overview of the legal process for medical malpractice claims in Oklahoma, including how to file a claim, the statute of limitations, and the decision-making process between settlement and trial.
Filing a Medical Malpractice Lawsuit
The medical malpractice lawsuit process can be long and complicated in Oklahoma, but knowing what to expect will help you make informed decisions about your legal options. For more insight about the role of a medical malpractice lawyer and how they help you navigate the legal process, visit our What Is a Medical Malpractice Lawyer? and our What is Medical Malpractice and What are My Next Steps? blog posts.
We’ve outlined the basics of the medical malpractice lawsuit process here and in more detail in our Anatomy of a Medical Malpractice Lawsuit blog article:
- Call Our Office – The first step is to call the MND office and talk with our knowledgeable staff. Our team members will discuss what happened to obtain valuable information that is used in determining whether or not we will be able to offer representation.
- Consult an Attorney – The next step in the legal process is to consult with an experienced medical malpractice attorney. Once you’ve called our team and we have determined that we would like to obtain additional information, we will schedule a time for you to come to our office and meet with our team. This consultation is invaluable because a skilled lawyer can help you evaluate the strength of your case, assess whether you have a valid claim, and guide you through the entire process.
- Filing the Complaint – The complaint, also called a petition, is drafted by your legal team here at MND. It outlines the facts of your case, the specific claims against the healthcare provider, and the damages you seek.
- Discovery Process – After the complaint is filed, the discovery process begins. This is when both parties exchange information relevant to the case.
- Negotiation and Settlement – In most cases, the Judge will order that both parties go to mediation to see if the issues can be resolved and if a settlement can be reached. MND is very knowledgeable in preparing and participating in mediation. The majority of medical malpractice cases are settled outside of court. If a settlement is reached, the case is resolved without going to trial. However, the case will proceed to trial if no settlement can be reached.
- Trial – If the case goes to trial, both parties will present their evidence and arguments to a judge and jury.
Statute of Limitations for Medical Malpractice in Oklahoma
In Oklahoma, specific time limits, known as the statute of limitations, exist for filing a medical malpractice lawsuit. The statute of limitations determines how long you have to file a claim after the alleged medical malpractice incident occurred. In order to preserve your legal rights, certain deadlines must be met, or the courts will deny your claim. In most cases, the statute of limitations is two (2) years from the date of the incident. We must also inform you that there may be issues affecting your claim that would shorten the statute of limitations to one (1) year. If your issues relate in any way to governmental entities, then a law called the Governmental Tort Claims Act (“GTCA”) could apply. If the GTCA is applicable, there could be a one (1) year time limit to notify the governmental entity, or your claim might be barred. There are other rules that are applicable to minors, and there are some rules that might extend the limitations period. It is vital that you contact a proven medical malpractice attorney when you believe that you have a claim. By immediately contacting an attorney, they can assist you in determining the applicable limitations period.
Failing to file your claim within the statute of limitations means you will lose your right to seek justice. It’s essential to seek legal help as soon as possible to avoid missing critical deadlines. To learn more about the statute of limitations for medical malpractice cases in Oklahoma and the exceptions for extension, read our What is the Statute of Limitations for Medical Malpractice in Oklahoma? blog post.
Settlement vs. Trial in Medical Malpractice Cases
One of the most important decisions in a medical malpractice case is whether to settle the claim or take it to trial. Both options have advantages and disadvantages, and the choice will depend on the specifics of your case, the strength of your evidence, and your goals for compensation.
Ultimately, the decision to settle or go to trial is a strategic one that your attorney can help you make. They will review your case, discuss your goals, and advise you on the best course of action.
At Maples, Nix & Diesselhorst, we have the experience and resources to help you make informed decisions at every step of your case. To learn more about the role our attorneys play, read our “What is a Medical Malpractice Lawyer?” post.
Medical Malpractice Laws in Oklahoma
Oklahoma has unique legal requirements that can impact how medical malpractice cases are handled. These include the statute of limitations, and rules governing healthcare providers’ liability.
Oklahoma-Specific Medical Malpractice Regulations
Oklahoma has several regulations that govern medical malpractice claims and how the courts handle them. One of the most important aspects to consider when filing a claim in Oklahoma is the legal framework that defines how healthcare providers are held accountable for their actions.
Oklahoma law has specific regulations about holding hospitals accountable for medical malpractice. In some cases, hospitals can be held liable for their staff’s actions, even if those actions were committed by independent contractors (like physicians). However, to hold a hospital liable, it must be proven that the hospital had some level of responsibility or control over the negligent act. For more detailed information on when you can sue a hospital for negligence in Oklahoma, read our Can You Sue a Hospital for Negligence in Oklahoma? blog post.
Oklahoma Medical Malpractice Statute of Limitations
As mentioned above, the statute of limitations in Oklahoma determines the timeframe within which you can file a medical malpractice claim. This is typically two years. If you miss this deadline, you lose your legal right to pursue compensation for the harm caused by medical negligence. To understand the statute of limitations more thoroughly, check out our blog post What is the Statute of Limitations for Medical Malpractice in Oklahoma?.
How to Choose the Right Oklahoma Medical Malpractice Lawyer
When faced with a medical malpractice situation, choosing the right attorney is one of the most important decisions you can make. Medical malpractice cases are often complex, involving intricate details about medical procedures, laws, and regulations.
Experience and Specialization of Medical Malpractice Attorneys
Considering experience and specialization when hiring a medical malpractice attorney is incredibly important. Medical malpractice claims require a thorough understanding of both the law and the medical field. Attorneys specializing in this area are familiar with medical terminology, healthcare protocols, and the laws governing malpractice claims.
At Maples, Nix & Diesselhorst, our medical malpractice team has decades of combined experience and a history of winning or settling cases for our Oklahoma clients.
Why Specialization Matters for Oklahoma Malpractice Lawyers
While similar, medical malpractice law is not the same as other areas of personal injury law. Cases involve expert testimony, medical records, complex documentation, and an understanding of healthcare regulations. Hiring a lawyer with experience in medical malpractice ensures they have the specific expertise to handle your case effectively. You need an attorney who is familiar with both state and federal regulations, including the unique laws in Oklahoma that impact medical malpractice claims.
Read our blog about the specialization of medical malpractice law to learn more.
Why Choose Maples, Nix & Diesselhorst for Your Medical Malpractice Case?
When it comes to medical malpractice, you need a firm with the right experience, dedication, and track record to fight for your rights.
At Maples, Nix & Diesselhorst, P.L.L.C., we have extensive experience handling medical malpractice cases. Our team is passionate about advocating for victims who have been harmed by healthcare professionals’ negligence.
Our track record speaks for itself. Over the years, we have helped Oklahomans receive the compensation they deserve. We understand the complexities of medical malpractice law and are committed to seeking justice for our clients every step of the way. Our team is known for its commitment to clients, relationships, and genuine care. We would be honored to represent you as you seek justice.
Take Action Today To Find an OKC Medical Malpractice Attorney
If you or a loved one has been a victim of medical malpractice, the time to act is now. The legal process can be complicated and time-sensitive, so it’s essential to have an experienced attorney on your side. Contact Maples, Nix & Diesselhorst today for a free case evaluation, and let us help you navigate this difficult time. With our experience, compassion, and commitment to justice, we’re here to fight for you every step of the way.
