If you or a loved one has been hurt or someone you know passed away while under a doctor’s care, it can feel overwhelming. Medical treatments can go wrong, but how do you know if what happened was an honest mistake or something more serious, like medical malpractice?
In Oklahoma, medical malpractice occurs when a healthcare provider causes injury by failing to provide the care that a reasonably competent doctor would have given. This is more than a simple mistake—it’s a failure to meet the professional standard of care. But do you have a case? Let’s learn more about how to know if you have a medical malpractice case.
Your Case Meets the Four Essential Elements for a Claim
To file a medical malpractice lawsuit, your case needs to meet four key elements of negligence. Each of these elements builds a case that your doctor didn’t just make a mistake but truly failed in their duty to provide proper care.
There Was a Duty of Care
The first element is that the doctor owed you a “duty of care.” This means there was a formal relationship between you and the doctor—it’s usually formalized when you become their patient. Once that relationship is established, the doctor is required to provide a “reasonable standard of care.”
This standard means that your doctor must act with the same skill and care that another competent doctor would show in a similar situation. For example, if you go to a doctor with chest pain, the reasonable standard of care would be to check for heart problems through tests like an EKG or blood work. An experienced medical malpractice attorney is familiar with many standards of care and can help you know if you have a medical malpractice claim.
The Doctor Breached That Duty
Next, you must show that the doctor didn’t meet the reasonable standard of care—they breached their duty. This means the doctor did something that other doctors with the same training wouldn’t have done, or they failed to do something that should have been done.
Courts will often look at how other doctors would have treated you in the same situation to decide if the duty was breached. For instance, if a doctor failed to order necessary tests for chest pain and you had a heart attack that could have been prevented, that’s an example of breach of duty.
The Breach of Duty Caused the Injury
Even if the doctor breached their duty, you need to show that the breach directly caused your injury. This means proving that your injury wouldn’t have happened if the doctor had provided the right care.
For example, if your doctor failed to diagnose an infection and it worsened to the point where you needed to be hospitalized, you could argue that the doctor’s failure to act caused you additional harm. If they had treated the infection correctly, you wouldn’t have missed work, worried your friends and family, and ended up with sky-high emergency medical bills. If the doctor’s action—or lack of action—led directly to your injury, this element is met.
The Injury Caused You Harm
The final element is proving that the injury caused you harm that can be compensated through damages. If there’s no harm, there’s no case. Harm can be physical, emotional, or financial, and damages can be economic or non-economic.
Economic damages cover things like medical bills, lost wages, and future healthcare costs. If you had to undergo surgery to fix a doctor’s mistake, the medical bills and time off work could be part of your claim. Non-economic damages cover pain and suffering or emotional distress. If the doctor’s negligence was especially severe, you may even be able to seek punitive damages, which are meant to punish them for reckless behavior.
You’re Within the Statute of Limitations
Oklahoma has a statute of limitations that limits how long you have to file a medical malpractice lawsuit. In most cases, you have two years from the date of the injury or from when you knew—or should have known—that malpractice occurred. For wrongful death cases, the two-year clock starts from the date of death.
For example, if a surgeon left something inside you during surgery and you didn’t discover it until three months later, the statute of limitations would begin from the discovery date. If you’re wondering how to know if you have a medical malpractice case, keep in mind that while two years might seem like plenty of time, it’s important to act quickly. Gathering evidence and building a strong case can take time, and starting early gives your claim the best chance of success.
There’s Evidence to Back Up Your Claim
Proving medical malpractice usually requires strong evidence, but your attorney will be able to help you build your case. They can gather evidence, like internal documents and reports from the medical facility, witness statements, and even surveillance footage.
The more detailed and organized your evidence is, the easier it is to know if you have a medical malpractice claim—and prove it. Below are some ways you can help your attorney with evidence.
Take Photos and Videos
Document any visible injuries, such as surgical scars, rashes, or bedsores that developed due to improper care. Record how these injuries limit your mobility or daily activities, like being unable to walk without assistance or needing help with basic tasks like dressing.
Keep a Daily Journal
Write down everything you experience after the injury, such as ongoing pain, difficulty healing, or new symptoms that appear. For example, if you notice worsening pain after a surgery that wasn’t properly handled, document when the pain started, how severe it is, and how it impacts your life.
Save Medical Records
Save all of the related medical records, including doctor’s notes, test results, and discharge papers. These records are key to proving your treatment wasn’t handled properly. For instance, if a doctor failed to order necessary tests for your symptoms and your condition worsened, having a record of those missing tests can help your case.
Keep All Prescriptions
If you were prescribed the wrong medication or given incorrect dosage instructions, keep these records as evidence. For example, if a doctor prescribed a medication that actually made your symptoms worse or failed to warn you of dangerous side effects, those prescriptions are critical proof.
Gather Medical Bills and Receipts
Save all bills related to your treatment, including hospital stays, follow-up appointments, and any additional treatments or rehabilitation. Some common examples are needing corrective surgery or physical therapy after an initial botched procedure. You’ll need those bills to claim compensation.
Document Lost Wages
Medical malpractice claims are often serious, and can leave you unable to work for weeks or even months. If you had to miss work due to your injury or treatment, keep all pay stubs and employer notes to prove lost income and show the financial impact of the malpractice.
File an Incident Report
If your injury occurred in a hospital or clinic, file an incident report with the facility. This creates an official record of the harm you experienced, which you can use to support your claim. For instance, if you suffered an injury during surgery, filing a report with the hospital administration creates a paper trail.
Keep Records of Communication
Doctors are often under pressure from insurance companies to see as many patients as possible, which can mean they simply don’t take the time to truly listen. Save all emails and messages, and take notes during conversations with your doctor or medical staff. If they admitted fault or didn’t respond to your concerns, these communications can support a claim of negligence.
Find Out If You Have a Medical Malpractice Claim
If you’re wondering how to know if you have a medical malpractice case, the best way to find out for sure is to speak with an experienced attorney. A lawyer can help you understand your rights, determine if you have a case, and guide you through the legal process. It’s important to reach out as soon as possible after your injury, as these cases are complex and take time to build. Contact Oklahoma Injury Guy for a free case evaluation, and find out how we can help you seek the justice you deserve.