Reasons Why Injuries during a Birth Require a Medical Malpractice Attorney
Birth is the most wondrous moment in any mother’s life. But, just as with any medical procedure, the possibility of injuries looms during natal procedures. Regardless of whether you’re in the most expensive hospital with the latest medical equipment, the chance of an injury occurring due to hospital negligence always exists.
Damages in Medical Malpractice Cases
If a person is injured as a result of medical malpractice, there are damages that they can collect. The types of damages can be collected include medical bills, and payment for lost future earnings. If the person has died, then their family can collect the damages. Damages fall into a few different categories. General damages are the types of damages that can’t be labeled with a specific price. There are also special and punitive damages that can be won. Key Takeaways: General damages cover physical pain, loss of enjoyment, and loss of future earnings. Many states put caps either on total damages or just non-economic damages. If the patient dies, survival statutes and wrongful death statutes come into play. “The three categories of damages available in medical malpractice cases are general, special, and punitive.” Read more: Nolo Medical Malpractice Cases For more information complete our free case evaluation form or contact us at 580-224-0900 for a free consultation.Â
The Different Elements that will Require You to Seek Help from a Medical Malpractice Attorney
Every time you go to the hospital for medical care, it is reasonable to expect that doctors and nurses would know how to do their jobs properly. After all, your life and your well-being depend on them. Sometimes, however, even doctors make mistakes which puts patients in harm. In one of the researches on the matter published in 2016 in the BMJ, medical errors rose to be one of the leading causes of death in the United States, ranking third after heart disease and cancer.
A Medical Malpractice Attorney on What You Need to Know About Injuries Caused by a Doctor’s Error
No matter how innovative and efficient medical practices are today, there is still always the risk of medical malpractice. According to a study conducted in the Journal of Patient Safety, between 210,000- 440,000 people who go for medical care at hospitals suffer some type of preventable harm.
Reasons to Work with a Medical Malpractice Attorney in Oklahoma
Hundreds of thousands of people seek medical and surgical relief from hospitals and clinics all over the United States in any given year. And while doctors, nurses and other medical health practitioners are trusted to provide the expected level of care that their profession demands, it is also true that errors and negligence can and do occur in medical settings. In fact, a study by Johns Hopkins University revealed that more than 250,000 patients die annually in the US due to negligence and medical malpractice. Medical Malpractice in Oklahoma: Where Can It Occur? Medical malpractice situations can occur in settings where medical or health care is provided, especially as a paid service. This includes settings like: Hospitals Emergency Rooms Operating Rooms and Surgical Suites Family Medicine Offices Outpatient Centers Community Health Care Centers Birthing Clinics Cosmetic Surgery Centers Diagnostic Centers Orthopedic and Chiropractic Clinics Pharmacies Types of Medical Malpractice: Most Common Types Most people associate medical malpractice claims with outrageous mistakes such as wrongly amputating a limb or leaving surgical instruments inside the body of the patient. However, most claims are less outlandish and often subtle, such as giving the wrong dosage of medication, failing to notice signs of medication adverse effects or cross-contamination that led to infection. Other cases of medical malpractice can stem from late or misread diagnoses that caused harm. Malpractice errors can be categorized according to several categories, such as: Diagnostic Errors Improper Treatment injuries during birth, labor, and delivery Prescription Errors Medical Neglect of Elderly or Vulnerable Patients In the US, surgical errors are the most common malpractice cases for inpatient cases, while errors in diagnoses are the most common for those in outpatient settings. Legal Remedies Open to Oklahoma Plaintiffs Plaintiffs can file suits for medical malpractice in the state based on claims of negligence and others. To do this, you must show the following: The presence of a provider-patient relationship Provider failed to supply care according to the expected standard This failure led to an injury suffered by the patient The plaintiffs must also file claims within two years of the negligent act since the state imposes a 2-year statute of limitations on medical malpractice claims. Beyond this period, claimants lose the right to claim for compensation. Damages Available The good thing about Oklahoma laws is that there are no caps on economic damages claimed and awarded. Economic damages refer to losses in future earning capacity, lost wages, past, present and future medical expenses, and the like. This means the effects of negligence to your income and medical bills can be compensated to its fullest extent. The state has imposed a $350,000 cap on non-economic damages in most cases, which means that this is the maximum amount patients can claim for the emotional suffering experienced as a direct result of the negligent act. Damages arising from mental pain and anguish, effects of disfigurement, and even physical pain and suffering in the present and future are capped. The only exception has been when the plaintiff can prove that the medical professional was grossly negligent, acted with reckless disregard or intentionally acted to injure the claimant. However, on April 23, 2019 the Oklahoma Supreme Court ruled that the state’s $350,000 on recoverable non-economic damages is unconstitutional. Why Working with Medical Malpractice Lawyers Makes Sense Medical malpractice claims can be confusing and tricky. Experienced medical malpractice attorneys possess the knowledge needed to unravel the intricate medical and legal aspects of your case so that you can build a solid claim. Most hospitals and medical care providers are likely to be less than forthcoming when it comes to revealing information that could help patients claim for compensation. With a malpractice attorney, you can get access to independent medical experts who can assess your situation, analyze your medical records so they can determine what really occurred to produce the injury that you suffered. Working with an Oklahoma medical malpractice attorney also ensures that you can abide by the technical rules governing malpractice lawsuits, especially in states like Oklahoma where the statute of limitations is only two years. With a successful claim, you can be properly compensated for emotional damages, lost income and future losses of income. Financial compensation can help you recover financially from your medical injury so you can get back on your feet and move on with your life. Get in touch with your Oklahoma City medical malpractice attorney today. For more information contact one of our highly qualified Attorneys at 580-224-0900 for a free consultation. You may also reach us through our contact us form and one of our legal professionals will contact you promptly.
Medical Malpractice
Medical malpractice occurs when a medical practitioner neglects to provide the appropriate treatment, gives substandard treatment that causes harm to the patient, or does not take appropriate action on behalf of a patient. The negligence can involve a medical error due to the diagnosis, health management, treatment, or aftercare process. A patient who has experienced medical negligence can recover compensation for harm or injuries caused due to the actions of the practitioner. The Medical Malpractice Center in the United States indicates there are between 15,000 and 19,000 malpractice lawsuits against doctors each year. In fact, the standards and regulations for medical malpractice may differ according to the state you reside. This article provides information on what medical malpractice is and how it can affect a patient. A hospital or medical practitioner is supposed to provide a certain standard of care to every patient under their supervision. Even though the practitioner or hospital is not responsible for all the harm experienced by the patient, they are legally responsible if the patient experiences injury or harm due to substandard treatment provided by them. To be considered medical malpractice in the United States, there are several factors such as: Providing substandard care – The law requires the hospital or medical practitioner abide by certain standards of medical care. Neglecting to provide appropriate care will potentially result in the practitioner being liable and they may face a medical malpractice lawsuit. Even if the patient feels that the provider was negligent, there can be no claim if there is no harm or injury to the patient. The injury should have damaging consequences to the patient. Considerable damage could include – constant pain, enduring hardship, suffering, full or partial disability, and loss of income. The way medical malpractice affects an individual can vary from person to person. In fact, some patients may not be aware that they have been a victim of medical negligence until it is too late. The consequences of negligence may well extend beyond the physical injury to the individual. In fact, it can impact the patient emotionally and psychologically. The victim can easily experience stress, isolation, and vulnerability under such circumstances. He or she may become fully or partially disabled and lose their job in the process. There are many things to consider when you or a loved one has been harmed or injured due to medical malpractice. The first thing you should do is to consult a qualified and experienced personal injury attorney for immediate assistance. A professional personal injury lawyer can help guide and represent you with a medical malpractice case. The attorneys at Little, Oliver and Gallagher PLLC are experienced professionals in this field and will insure you are adequately compensated based on the seriousness of your injuries. For help with your potential medical malpractice case contact us today. For more information contact one of our highly qualified Attorneys at 580-224-0900 for a free consultation.Â
Oklahoma’s Finest Medical Malpractice Attorney Sheds Light on Medical Malpractice
No longer are medical malpractice cases considered an anomaly in the United States. According to data collected over 10 years (2006-2016) by the National Practitioner Data Bank, more than 600,000 people filed malpractice cases across the nation. Of these, 15,649 of them originated from Oklahoma.
The Basics of Medical Malpractice Laws Explained by a Medical Malpractice Attorney
Healthcare professionals are expected to provide proper care for their patients until they can recover. However, there are instances when these healthcare professionals neglect the basic task of caring for their patients, which can lead to injuries or, worse, death. Such incidents are also known as medical malpractice, and it happens more commonly than you think.
