When you seek medical treatment, you trust your doctor and medical team to provide the care you need to heal. Unfortunately, when mistakes happen or corners are cut, that trust can be shattered. Negligent medical care doesn’t just harm your physical health—it can leave you feeling overwhelmed and unsure of where to turn.
If you’ve experienced harm because of medical negligence in Oklahoma, you may be entitled to compensation. An experienced medical malpractice attorney can guide you through the process and advocate for your rights, so you can focus on your recovery. They can also answer all your questions about medical negligence and medical malpractice.
What Is Medical Negligence in Oklahoma?
Medical negligence occurs when a healthcare provider fails to meet the accepted standard of care in their field, resulting in harm to a patient. While the terms medical negligence and medical malpractice are often used interchangeably, negligence is actually the legal concept that provides the foundation for medical malpractice claims. By proving medical negligence, you win your medical malpractice case.
Negligence can take many forms, depending on the situation and type of care. Here are some of the most common examples of medical negligence in Oklahoma:
- Birth injuries: Birth injuries can affect both mother and baby permanently. Mistakes include failing to spot distress or misusing tools during delivery.
- Misdiagnosis or delayed diagnosis: Missing or mistaking a diagnosis can delay critical treatment. Examples include misdiagnosed strokes, heart attacks, or undetected cancer.
- Surgical errors: Surgical errors can include operating on the wrong site or leaving instruments inside patients, which can cause severe complications.
- Medication errors: Incorrect medications or dosages can have serious consequences. Giving allergens like penicillin to allergic patients can trigger life-threatening reactions.
- Anesthesia mistakes: Anesthesia errors can cause brain damage, death, or patient awareness during surgery. Monitoring vitals is essential to prevent complications.
- Failure to treat: Inadequate treatment after diagnosis can worsen health. Examples include early discharge or lack of specialist referrals.
It’s also important to know that medical negligence isn’t limited to doctors. Negligence can involve any individual healthcare provider, including nurses and technicians. However, you can also sue hospitals, nursing homes, rehabilitation centers, and other medical institutions.
Comparative Negligence in Oklahoma
Medical negligence in Oklahoma is subject to the same rules as any other personal injury case. This means the state’s modified comparative negligence rule will apply. Under this rule, the amount of compensation you can receive depends on the percentage of fault assigned to you for the injury. If you’re found to be partially responsible, your compensation will be reduced by your percentage of fault.
For example, let’s say you suffered harm because of a surgeon’s error, but the court finds that you ignored your doctor’s pre-surgery instructions and that contributed to the complications. If the court determines you were 25% at fault, your compensation would be reduced by 25%. If your total damages were $200,000, you would receive $150,000. If you’re found to be 51% or more responsible for your injury, you cannot recover damages.
Was Your Doctor Negligent? When to Hire a Medical Malpractice Attorney
Proving negligence means showing that the care you received fell below what a competent provider would have done under the same circumstances. In Oklahoma, a medical negligence claim must establish four key elements:
- Duty of care: The healthcare provider had a responsibility to provide care that meets the accepted standard for their field. For example, a cardiologist must perform tests and procedures that align with established practices for diagnosing and treating heart conditions.
- Breach of duty: The provider failed to meet the standard of care, either through action or inaction. This could include a surgeon making an error during a procedure, a doctor failing to diagnose a serious condition, or a nurse giving the wrong medication.
- Causation: The provider’s breach of duty directly caused your injury. It’s not enough to show that the provider made a mistake—you must prove that the mistake led to harm.
- Damages: You experienced measurable harm as a result of the injury. Damages can include physical pain, emotional suffering, additional medical bills, lost income, or reduced quality of life.
If your case fits these criteria, it’s time to hire an attorney. A medical malpractice attorney can help gather evidence, consult with medical experts, and build a compelling case to demonstrate medical negligence.
How to Bring a Claim of Medical Negligence in Oklahoma
Filing a medical negligence or medical malpractice case can be overwhelming, but following these steps can help you get started.
Contact an Attorney
The first step is reaching out to a medical malpractice attorney who specializes in Oklahoma law. Most attorneys offer free case evaluations, so there’s no risk. During the call, the attorney will review the details of your situation, advise you on your options, and guide you through the next steps.
Make Sure You’re Within the Statute of Limitations
Under Oklahoma’s statute of limitations, you have two years from the date of injury to file a medical negligence claim. If the injury wasn’t immediately apparent, the clock starts when you discovered—or should have reasonably discovered—the harm. An attorney can help you act quickly to preserve your rights.
Collect Evidence
Proving medical negligence in Oklahoma typically involves collecting a lot of evidence—and doctors, hospitals, and insurance companies aren’t always willing to provide it. Be sure to keep all medical records, test results, prescriptions, bills, and correspondence with healthcare providers. Your attorney will also work with expert witnesses who can testify that the care you received fell below the standard of care.
File Your Claim
Filing a medical negligence claim involves submitting detailed legal documents to the court and notifying the at-fault parties. This process can be complex, as you’ll have to identify all responsible parties and calculate the specific damages you’re seeking. An attorney will handle this process so your claim is properly prepared and filed on time.
Settle or Go to Court
Most medical negligence cases are resolved through settlements. During this process, your attorney will negotiate with the at-fault parties and their insurance companies, but if a settlement cannot be reached, your case may proceed to court. While personal injury cases can be lengthy, your attorney will prepare you and advocate for your rights every step of the way.
Get an Oklahoma Medical Negligence Expert on Your Side
Medical negligence in Oklahoma is complicated, and the stakes are high. You deserve an attorney who understands the law and knows how to fight for you. With the right lawyer by your side, you can focus on healing while they handle the legal complexities. That’s why you should contact the Oklahoma Injury Guy today for a free case evaluation. We can help you seek justice and recover the compensation you deserve.