Medical Malpractice Basics
When a patient is hurt by a doctor or any medical professional due to incompetence of medical duties, medical malpractice is the result. The rules about medical malpractice vary by state; however, there are a few basic principles and rule categories that are applicable to the majority of malpractice cases. In order to claim medical malpractice, proof of a doctor-patient relationship must be demonstrated. Also, the person has to show how the doctor was negligent, as well as how this negligence resulted in injury. Furthermore, the patient must show how the injury led to certain damages, such as physical pain, mental anguish, lost work, and extra medical bills. Key Takeaways: You have to have hired the doctor and be able to show that the doctor’s negligence caused damage. Claims typically are based on failure to diagnose, improper treatment, or failure to warn of risks. Many states have review panels of experts whose findings can be presented in court. “Just because you are unhappy with your treatment or results does not mean the doctor is liable for medical malpractice.” Read more: Nolo Legal Encyclopedia For more information complete our free case evaluation form or contact us in Oklahoma City at (405) 253-4478 or in Ardmore at (580) 798-0447.
Consult with a Personal Injury Attorney If You Suspect the Possibility of Medical Malpractice
Generally, one connotes a visit to a medical professional with the road to recovery. We want to believe that consulting with such experts and being treated by them sets us on a course to regain good health. There are times, however, when medical intervention fails miserably. When this happens, the consequences can devastate one’s life.
3 Scenarios that Call for the Assistance of Medical Malpractice Lawyers
If you or a loved one suffers harm as a patient, physicians who were involved in diagnosis and treatment may be sued for medical malpractice. It’s estimated that some form of malpractice happens between 25,000-120,000 times annually. Here are several common healthcare scenarios that would justify legal action.
Get Help from Medical Malpractice Lawyers and Get Just Compensation in Time
Medical treatment providers are expected to work with the highest degree of professionalism because of the nature of their jobs. Dealing with another person’s health, after all, is a serious matter; they literally have their patient’s life in their hands.
A Medical Malpractice Lawyer in Oklahoma Can Help
What do you need to know about medical malpractice and malpractice lawyers ? An experienced personal injury lawyer can handle cases of medical malpractice. These lawyers are experts at dealing with the insurance companies. Medical malpractice is a serious charge in our country, but it is not the only one. Many people die every year because of medical errors. Insurance companies will settle with patients who have been injured because of medical malpractice. However, the insurance company often does not want to compensate the injured patient fairly. It takes an excellent lawyer to win these cases. It is very important to find the right medical malpractice attorney to handle your case. The attorneys at Little Oliver & Gallagher PLLC have the experience to provide the best possible outcome of your case. There are several types of medical malpractice. The one involves an error during a surgical procedure. It could be that a doctor did not complete a surgical procedure correctly on a patient potentially resulting in injury or death. Another example of medical malpractice can occur when a surgeon performs a procedure on a patient that they are not properly prepare to perform. A medical malpractice lawyer in Oklahoma can help you if you have been a victim of either of these. Sometimes, a patient may sue because they feel they were not given proper medical care. If you are such a person, you need to get a medical malpractice lawyer to help. You should also contact an experienced lawyer if you feel that you have been a victim of wrongful medical practice. It is always best to seek legal advice from an attorney who specializes in medical malpractice. The first step to take if you have been the victim of medical malpractice is to let your insurance company know what has happened. Make sure you document all of the information and get a medical malpractice lawyer to assist you in this process. Let your medical malpractice lawyer know all of the details as well. Keep all records and/or medical correspondence for proof. Your lawyer may be able to get some of this documentation for you which will be beneficial. Medical issues are difficult to deal with. It is important that you do everything you can to win your case. In Oklahoma, a medical malpractice lawyer can help you obtain the compensation you deserve. Our attorneys take the time to fully understand your case and will maintain close contact with you throughout the process. To help you feel comfortable with our team, we encourage you to ask questions. Our team is here to help you through the process while protecting your rights outlined by the law. Choosing a medical malpractice lawyer in Oklahoma is an important decision that must be made by you or your loved ones. The process may seem overwhelming, but you need to make sure that you receive the care and compensation that you deserve. There are many qualified lawyers in the Oklahoma State that specialize in the area of medical malpractice. Before you make a snap decision on a lawyer to represent you, give us a call or request a free consultation to learn how we can help. For more information call us today. In Oklahoma City call 405-253-4478 or in Ardmore/southern Oklahoma call 580-798-0447 we look forward to talking with you about your case.
Malpractice Lawsuits: How to Sue a Doctor for Medical Malpractice
If you have experienced medical malpractice, you may definitely want to file a lawsuit. Here is a guide on how to sue a doctor for medical malpractice. 250,000 people die due to cases in which doctors have been accused of malpractice. If you are a victim of medical malpractice and are trying to figure out how to sue your doctor you’ve come to the right place. Doctors go through years of training and education. The last thing you’d want to happen is negligence on their part that leaves you injured or unwell. In this article, we are going to give you the steps that you need to follow to ensure your claim is solid. Without further delay, here is the answer you’ve been looking for when it comes to how to sue a doctor. What’s Required to File a Malpractice Claim? Before you’re able to file a claim against your doctor for medical malpractice, you need to first understand if you meet the requirements to file a claim. Before you can file a claim, the first thing that you need to prove is that there was a relationship between yourself and the doctor you’re suing. There has to be a paper trail that shows you received care from the physician, which may include invoices that sent to you after a doctor’s visit or emails reminding you of future appointments. If the physician didn’t treat you, it would be challenging to sue them for medical malpractice. The next thing that you and your legal team will seek to prove is that there was some form of negligence on your doctor’s part. This may mean that they failed to treat an existing condition. Or failed to make the correct diagnosis, resulting in a decline of your health or other harm. The injury that you’ve sustained must be a direct result of the negligence of your physician. If you were sick before dealing with your physician and your health worsens, it could be challenging to prove that you became sicker due to the doctor’s malpractice or because of your illness. All these things need to have evidence before you can file a medical malpractice claim. Gather Evidence Before you can hire a legal team, you need to ensure that you’ve gathered all the documentation and evidence you need to help your claim. Proving negligence is hard. It will make the situation harder if you aren’t able to provide documentation for your injuries. Hire the Right Legal Team You must hire a legal team that specializes in this area of law. Hiring a legal team with little experience will make it harder to win your case, and medical malpractice cases are already tricky to begin with. Your legal team will summon the medical records needed to prove that you’ve been injured. And from there, they will hire another medical professional to review your records to determine if the negligence did actually occur. If the physician finds that the records confirm medical negligence, they will sign an official affidavit, and the doctor you’re suing will be made aware of the claim. From there, your legal team will file a lawsuit, and the battle will begin between your team and the legal team of the doctor. There will be extensive documents submitted to prove that the doctor is at fault for the injuries that you’ve sustained. Hire Experts The people you hire to examine your medical records and assist with solidifying your case must be experts. Think of it this way, the more experts that can provide documentation for your claim, the better. This may include seeing a therapist for mental help, physical therapy that was needed to help with your recovery, and more. File the Claim Promptly The time that you have to file your claim is short, and it will become harder to prove negligence if you wait too long to file your claim. In Oklahoma, you have approximately one year from the date that the negligence occurred to file your medical malpractice claim. After the year has passed, you’ve moved outside of the statute of limitations and can no longer file a negligence claim. Types of Medical Malpractice There are a few types of medical malpractice that can be covered in a claim. And before you begin your claim, you must know what you can file a medical malpractice claim for. The first thing that you can file a claim for is when a doctor fails to diagnose you accurately. This means that if the doctor had made the correct diagnosis or diagnosed you in the first place, you might not have sustained the injuries that were caused by their negligence. The next thing is if the doctor provides the wrong treatment. This could mean that the doctor used a form of treatment that wasn’t beneficial and may have been wrong. When the improper treatment is used, it gives the illness or injury time to progress and, in your case, caused an injury that you didn’t have before being treated by your doctor. The last form of medical malpractice is when a doctor understands the risks that a patient assumes when entering a type of treatment, but doesn’t communicate them to the patient. This is knowingly putting the patient in danger and not allowing them to prepare themselves or avoid the risks that they’re about to take via this particular route of treatment. Reasons Malpractice May Occur Any form of medical malpractice isn’t excusable, but it’s essential to know why malpractice happens. The first reason that malpractice may occur is when a doctor works too much and maybe tired. In their fatigue, they make a mistake that they usually wouldn’t. Another reason negligence may occur is when a doctor doesn’t take time to review your test results before administering a diagnosis or treatment. The doctor also may have received the wrong information from nurses and other healthcare professionals before treating you. How to Sue a Doctor? When it comes to how to sue a doctor in
A Medical Malpractice Attorney Discusses What to Expect in a Medical Malpractice Case
There is great truth in the age-old adage that your health is wealth. Your life literally depends on it, and so there is a high premium on getting the appropriate and best suited medical care possible for you. What happens, though, if the trust you afforded your doctor was broken? What if, instead of making you better, they inadvertently make you worse because of their negligence?
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 in the Oklahoma City area call (405) 253-4478 or our main office in Ardmore (580) 798-0447.
Medical Malpractice Attorneys and Your Case
Why You Need A Medical Malpractice Attorney? If you or someone in your family is physically or emotionally hurt due to a medical mistake, you can file a medical malpractice case against the healthcare provider or medical institution responsible for the mistake. That is where you will need the assistance of a highly specialized medical malpractice attorney in the area. In fact, there is a wide variety of reasons to hire legal representation for such a situation. Here is why you need a medical malpractice attorney. You can decide to take a medical malpractice case to court on your own. If you decide to take this route in order to save a few hundred dollars in the process, you will be at a significant disadvantage. In fact, you will be navigating through the legal as well as the insurance system in the country for the first time – which is not the best thing to do unless you are an experienced lawyer yourself. The other party will have a reputed and experienced lawyer representing their case – who will use the law to benefit their cause. That way you are going to lose more money than you planned to save once the case is over. In case you or someone in your family is hurt due to a medical mistake, you should work with a person who has a good understanding of the intricacies of the medical malpractice law. The person should have successfully handled similar cases in the past. In fact, the right medical malpractice lawyer can negotiate with the insurance provider and get you the kind of settlement that you truly deserve. You need to perform a thorough investigation into what really occurred during the treatment process in order to prove that it was a deliberate medical mistake. But you are not likely to get all the information from the healthcare provider or institution who treated you or your loved one. That is where a professional medical malpractice lawyer comes in handy. He or she is experienced in dealing with such situations in the past. In fact, he or she will know where to begin the investigations and how to get all the information he/she requires. On the other hand, an experienced lawyer will know if an expert opinion is required to prove the case in a court of law. That is why you should hire a professional and experienced medical malpractice attorney to handle your case. Contact us for more information and a free case consultation or for immediate assistance contact one of our highly qualified Attorneys in the Oklahoma City area call (405) 253-4478 or our main office in Ardmore (580) 798-0447.
A Victim of Medical Malpractice? Hire Medical Malpractice Lawyers in Oklahoma
Medical malpractice is serious business. It can result in irreparable damage, serious injury, worsening illness, or even death. Medical professionals are governed by a set of laws and guidelines that prevent such negligence from happening. Each year, as many as 120,000 Americans die due to medical malpractice. Thirty-one percent of medical malpractice cases resulted from misdiagnosis or failure to diagnose a disease. Until 2016, defendants in medical malpractice suits paid up to $17.4 million when the verdict led to a plaintiff verdict or judgment as a matter of law. Malpractice 101 Medical malpractice occurs when a medical professional deviates from the acceptable standards or levels of care. It does not only cover doctors, but also nurses, therapists, and medical technicians. Commonly misdiagnosed illnesses are cancer, heart attack (particularly in an emergency room setting), stroke, and blood clots. Surgeons and OB/GYNs were among those who frequently received lawsuits in 2017 for malpractice. Mishandling of record and data is also a frequent cause of medical malpractice suits. In research done by John Hopkins, one out of 71 total cases and one out of 5 cancer cases is misdiagnosed. At times, the medical facilities are to blame. Poor maintenance or malfunctioning equipment may result in a serious injury or worse. In such cases, the primary healthcare facility is held accountable. Of all reported cases of medical malpractice, 31% ended in death. Eighteen percent ended in serious permanent injury while 17% ended in major permanent injury. Importance of Medical Malpractice Lawyers It is important that you secure legal representation that is capable of defending you in a malpractice suit. In 2016, reports claimed that most malpractice suits ended in favor of the defendant healthcare professional. While the number of malpractice suits are decreasing (48.5% as of 2016), the number of payouts are also decreasing. Oklahoma belongs to the majority of states that claim less than $40 million in suits or about $10.07 per capita. It is important to acquire the services of lawyers handling medical malpractice in such a situation. Lawyers experienced in medical malpractice suits can prove malpractice on the following grounds: The defendant failed to provide the required duty of care. This failure directly caused the patient’s injury. The patient has damages in the form of medical bills, lost wages, pain, and suffering due to this injury. By hiring a medical malpractice lawyer, the patients affected can file for damages like past and current hospital bills, past and present medical costs, rehabilitation costs, home healthcare, and other items such as oxygen tanks and mobility devices. Should you or a loved one encounter deviance from any of these rules, you need legal representation. Medical malpractice lawyers in Oklahoma like Little Oliver Gallagher PLLC can help you. For more information contact one of our highly qualified Attorneys in the Oklahoma City area call (405) 253-4478 or our main office in Ardmore (580) 798-0447.
