What is Medical Malpractice, and What are my Next Steps?

When there is a healthcare concern, we immediately seek out advice and treatment from medical professionals—and we should. During this time, our focus should be on regaining our health, not policing whether or not the medical professional that we have entrusted with our health has made your situation worse through medical errors.  Medical errors are the third-leading cause of death in the United States.  

Medical malpractice is a broad term that entails several different errors.  If you believe that the catastrophic personal injuries or death of a loved one was due to medical error, what should you do? What are your options?

What is Medical Malpractice?

Medical malpractice law is designed to hold medical professionals, such as nurses, hospitals, physicians, accountable and to protect victims of negligence.  Medical malpractice is a broad term encompassing many forms of negligence.  Common medical malpractice claims include, delay in diagnosis, misdiagnosis, failure to diagnose, surgical errors, or birth injuries. 

To be successful with a medical malpractice case, it is more than being disappointed in the outcome of a procedure.  The standard of care must be breached.  This means that another similarly qualified and trained doctor must testify that the doctor in question violated the standard of care, and that this breach of the standard of care caused the harm that you or your loved one has sustained.  

Why Contact a Medical Malpractice Attorney?

Honestly, most people do not know if they have a claim against the medical professional.  The first step to taking legal action is finding the right law firm to evaluate your case.  Medical malpractice/negligence cases differ from most other types of lawsuits.  These types of cases can be extremely complicated and expensive to pursue. These types of cases are complicated in the collection and documentation of the evidence as well as the presentation of your case.  Maples, Nix & Diesselhorst has the experience, specific expertise, and significant financial resources required to be successful in Medical Malpractice litigation.  Expert witnesses are necessary for Medical malpractice litigation.  The lawyers at MND, have successfully handled medical malpractice matters for decades, and have established a network of expert physicians who are willing to review medical records, consult with our attorneys, and if necessary testify on behalf of patients who have suffered a loss due to medical errors.

Because of the limitation laws in Oklahoma, it is imperative that you reach out to a medical malpractice lawyer as soon as possible to determine whether or not you have a case. Under Oklahoma law 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. However, 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.  And when a minor is involved, other limitation laws may be applicable.

Limitation laws are only one factor to being able to take legal action.  There are many additional factors to take into consideration, and contacting a medical malpractice law firm, is the best way to determine whether you have a case or not. 

Contact Maples, Nix, & Diesselhorst

Glendell Nix leads our team of knowledgeable and proven attorneys and staff that collectively has over 75 years of experience in prosecuting medical malpractice cases. At MND we are very selective about the cases that we offer representation because we believe to be truly successful with a medical malpractice case you need to spend time to fully immerse yourself in the medical and the legal aspects of the case, and to get to know our client so we can understand what they went through, and what challenges they will face with future care and expenses.  We have the knowledge, skill and resources to successfully represent individuals and families throughout Oklahoma who have sustained serious injuries or death due to the negligent act or omission to act by medical professionals.  If you believe you have a medical malpractice claim, call Maples, Nix and Diesselhorst for a free case evaluation.  We stand with you.

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