Medical malpractice is when a healthcare professional or facility (such as a doctor or hospital, respectively) deviates from the established standard of care due to negligence or omission, causing injury or death to a patient.
Legal Elements of Medical Malpractice Cases
Medical malpractice cases are complex and detailed, making it essential to hire a law firm experienced in handling these types of cases. More specifically, you must demonstrate not only that the healthcare professional or facility acted negligently when providing care, but that the proven negligence caused an injury.
To bring a medical malpractice suit, you must prove these legal elements:
- The patient was under the doctor or facility’s care
- There was a breach of professional duty to the patient
- The patient experienced an injury due to the breach of duty
- Damages resulted due to the injury
Medical malpractice suits can seek financial damages for both economic and non-economic (pain and suffering) losses.
Examples of Medical Malpractice
Some common examples of medical malpractice include:
- Failure to diagnose or misdiagnosing an issue
- Failure to warn about the risks and complications of a procedure
- Unnecessary surgery
- Misreading or ignoring laboratory results
- Administering the wrong medication or wrong dosage
- Poor follow-up or aftercare
- Premature discharge
This is not a comprehensive list. The instances of medical malpractice run the gamut of care, from when a patient first experiences symptoms to years after treatment.
Statute of Limitations in Oklahoma
Under Oklahoma law, medical negligence lawsuits must be filed within two years of the incident or from the date that the victim learned about the injury.
30 Years’ Experience in Medical Malpractice
Over the past three decades, we have helped our clients successfully navigate their medical malpractice cases. We’ll determine if you have a case, investigate what happened, and identify who should be held accountable. You’ll get answers and peace of mind.
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