If you were harmed while under the care of a medical professional, you may feel unsure about what to do next. After all, we trust doctors and hospitals with our lives—and expect them to provide proper care. When they don’t, you can be left with physical, emotional, and financial consequences.
You’re also left with questions: Can I sue a hospital in Oklahoma? When would I sue a hospital instead of a doctor? And what do I do next? Understanding the law, including when and how to sue a hospital in Oklahoma, can help you take the right steps to seek justice for your injuries.
Can You Sue a Hospital in Oklahoma?
In short, yes—you can bring a medical malpractice case against a hospital in Oklahoma if its negligence caused you harm. Oklahoma law allows patients to sue health care providers, including hospitals, surgery centers, urgent care facilities, and clinics, if a provider-patient relationship existed at the time of the malpractice. This relationship establishes the hospital’s duty to provide care that meets accepted medical standards, known as the “standard of care.”
The standard of care is the level of care that a reasonably competent and skilled medical professional would provide under similar circumstances. In Oklahoma, all health care providers are expected to meet this benchmark. If a hospital’s actions—or lack of action—fall below this standard and cause harm, it may be held liable for medical malpractice.
When Is a Hospital Considered Negligent?
Many medical malpractice claims aim to hold doctors or other individual medical professionals responsible. So when can you sue a hospital for negligence, instead of a doctor?
Hospitals can be held liable for the actions of their employees under the legal principle of vicarious liability, also simply called employer liability. This means that if a hospital employee, such as a nurse or technician, causes harm while performing their job duties, the hospital may be responsible for the resulting damages.
However, many doctors working at hospitals in the U.S. are independent contractors, not employees. This distinction can complicate medical malpractice claims, because the hospital may not automatically be liable for their actions.
That said, you may still be able to sue the hospital if it contributed to the negligence. Here are some of the most common examples of when that could be the right move.
Improper Hiring or Retention
Hospitals are responsible for hiring competent, qualified staff and ensuring they remain fit to practice. For example, hospitals may be liable if they:
- Fail to Confirm a Provider’s Qualifications: Hospitals are responsible for verifying the education, licensing, and certifications of all medical staff. If they hire a physician without confirming their medical license or board certification, they could be negligent.
- Fail to Look into a Provider’s History: Hospitals can be liable if they hire or retain medical staff with records of medical errors, repeated patient complaints, or disciplinary actions. For instance, allowing a surgeon with a track record of misdiagnoses or botched procedures to continue practicing puts future patients in danger.
- Don’t Act on Known Issues: Hospitals must act on red flags like drug addiction, erratic behavior, or unprofessional conduct. If they knowingly let an impaired doctor treat patients, the risk of mistakes rises.
Inadequate Training or Supervision
Hospitals must train and supervise staff properly to prevent medical errors. Failing to do so can put patients at significant risk. You may be able to sue a hospital if they:
- Don’t Provide Proper Training: Hospital processes must be in place for regular training. For example, if emergency room doctors or nurses aren’t trained on the equipment used for intubation or defibrillation, it can result in severe patient harm or death.
- Neglect to Supervise Staff: Supervision ensures that medical personnel follow proper protocols. For instance, if a drug is improperly prescribed or administered without the doctor’s approval, this can lead to harmful or even fatal consequences.
Inadequate Staffing
Inadequate staffing means there aren’t enough qualified staff members available to handle patient care. This problem can cause delays and substandard care. You can sometimes sue a hospital if they fail to:
- Maintain Sufficient Staffing Levels: An emergency room with too few nurses might result in delayed treatment that worsens a patient’s condition. Or, an understaffed ICU may lead to untrained staff on duty and lead to life-threatening errors.
- Avoid Overworking Existing Staff: Making staff work longer hours is not a solution. Overburdened nurses or doctors are more prone to errors, such as medication mistakes or misdiagnoses.
- Respond to Increased Demand: Hospitals should “staff up” during emergencies. For example, failing to increase staff during a flu outbreak could leave patients without care and lead to complications that wouldn’t have happened otherwise.
Determining Who to Sue for Medical Negligence
Determining liability in medical malpractice cases can be complex. An experienced attorney will know how to identify who is responsible for your injuries. Here are some factors they might use to determine if the doctor is considered an employee:
- Doctor-Hospital Agreement: If the hospital and doctor have an employment agreement, this is the most straightforward way to prove the doctor is an employee.
- Control Over Work and Policies: If the hospital directly supervises the doctor’s activities, such as scheduling work hours, overseeing patient assignments, or having the doctor report to its human resources department, that could strengthen the case for suing the hospital.
- Misrepresentation of Contractor Status: If the hospital did not clearly disclose that the doctor is an independent contractor—such as on consent forms—it may still be liable for the doctor’s negligence.
Remember, even if the doctor is a contractor, major issues like improper staffing, lack of oversight, or failing to correct repeated errors could make the hospital partly responsible. Your attorney can help you determine if suing the hospital is the right strategy.
How Much Does It Cost to Sue a Hospital?
The cost to sue a hospital varies based on your location, the complexity of your case, and other factors. The important thing to know is that most medical malpractice attorneys work on a contingency fee basis. This means you don’t pay upfront. Instead, your attorney collects a percentage of the settlement or award if your case is successful. That way, you don’t have to worry about fees and costs.
Get Expert Advice on Suing a Hospital in Oklahoma
So, can you sue a hospital in Oklahoma? The answer is yes, but there’s more to consider. Medical malpractice cases often involve complex legal and medical issues, so it’s important to talk to a professional. An attorney can help you determine liability, calculate damages, and build a strong case for compensation.
Contact us today for a free case evaluation to discuss your options and learn how we can help you move forward.