Category: Medical Negligence

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.

Oklahoma City Wrongful Death Lawyer

Find An Oklahoma City Wrongful Death Lawyer Right Away Do you need to find an Oklahoma City wrongful death lawyer but don’t know where to start? This guide will help you find the right person for the job. That way, you can get the outcome you are looking for this case to bring with it. You’re going to want to work with someone that has done wrongful death casework before. You want to know that they are going to be able to get you the compensation your family deserves for the death of the loved one you’re going to court for. You don’t want a general lawyer that may be able to help that doesn’t really specialize in this kind of thing because they may miss things and cause the outcome to not be in your favor. You want someone that is trained in wrongful death cases and knows exactly what and/or who to go after. Before you work with a lawyer, you should determine if they have handled this type of case in the past. You want to know what other people thought of their services and if they would hire them again if they had a case like this to deal with in the future. If all you find are negative reviews, then it’s best to avoid the lawyer even if they charge a rate that’s a lot cheaper than the rest. The reason they may be so cheap is that they can’t get clients any other way due to them having a bad reputation. You need to let your lawyer know exactly what happened and what you know about the case. Don’t talk to anyone like a company that calls to ask you question about the death. Always refer people to your lawyer or tell them you have to ask your lawyer about whether or not you can answer. There are people out there that will try to trick you into saying something you shouldn’t say that can hinder your chances of winning your case. So, only be open with your lawyer and tell them when you have people hounding you for more information. A good Oklahoma City wrongful death lawyer shouldn’t be too hard to find. You just have to do your research on who is out there that is good at what they do. Take your time with it and in the end, you’ll be happy with who you pick. For more information contact one of our highly qualified Attorneys at 580-224-0900 for a free consultation.

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

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.

How Negligence Impacts Lawsuits

Unfortunately, most people are unaware of the fact that it is now possible to file a lawsuit and seek compensation for injuries resulting from someone else’s negligence. The amount of physical, emotional, and financial strain resulting from such negligence warrants a legal claim, and individuals/corporations alike should be held accountable for their actions. What is Negligence? Whether you’re dealing cases of improper medical practice, a car accident, or your run of the mill case of “slip and fall,” negligence is the term used to hold a party liable for events leading up to your injury. This legal theory requires some burden of proof in many cases and claims involving injury. Effective legal representation is crucial in these cases, for the main reason that proving negligence is a complex process that requires some level of expertise. In principle, any careless act that results in injury to another is considered negligent behavior. It is crucial to keep in mind that whether you choose to settle the case out of court, or if you have enough proof to go to trial, the evidence of this legal principle needs to be airtight. How to Prove Negligence If you do decide to go through with your lawsuit, then there are four critical elements you need to satisfy to prove, beyond a reasonable doubt, that the defendant is liable and expressly responsible for negligent behavior. These four factors include duty, breach, causation, and damages. Let’s look at them in a bit more detail, shall we? Elements of a Negligence Claim Legal Duty This is usually the easiest to prove, especially where corporations are concerned. The concept of legal duty indicates that you should be accorded some level of care, as a bare minimum, by the person liable of negligence. An example of statutory responsibility is an injury you sustain at the workplace due to poor working conditions. The legal duty is a prevalent factor when it comes to proving cases dealing with medical malpractice suits, where doctors abuse a patient’s right to efficient medical care. Duty can also be proven if the injury you sustain is a result of an accident, where the accused flouts traffic rules and causes harm. There are several other examples, but the crux of it is, if you have some professional relationship with the accused, then they are bound by the element of legal duty. Duty Breach After establishing legal duty, you will need to prove, in totality, that there was, in fact, a breach. This is achieved through a practice that shows how an ordinary, responsible party (a reasonably prudent person) would have responded under the same circumstances. This legal standard sets a statute to how the defendant ought to have responded in that situation. It also proves why this response constitutes negligence. Essentially, the idea behind establishing a breach of contract is to prove that the defendant’s actions directly resulted in injury. Causation The next element on how to prove negligence involves a process that determines actual bodily harm. Proving negligence is one thing, but for you to get any form of compensation, then you must prove, conclusively, that this lack of forethought caused the injury in question. There has to be a direct link between your injury and the defendant’s negligent behavior. Most plaintiffs are known to try and increase compensation by tying unrelated incidents into the lawsuit, which is both ill practice and dishonest. Note that you can be prosecuted for lying under oath, so ensure any injury you suffer truly reflects negligent behavior and isn’t an attempt to defraud someone else. There is also the consideration of “unforeseeable” circumstances. This occurs when proof indicates that the defendant couldn’t have anticipated the injury caused, and hence couldn’t have acted any differently. Random acts of nature and other variables may tilt the scale in the defendant’s favor. Damages The last element of how to prove negligence plays on the court’s ability to render compensation to you, as the plaintiff for the injury resulting from the defendant’s negligence. This is done after satisfying that, indeed the injury was a result of negligence. For the most part, this compensation is monetary, and it takes into account resultant property damage or medical expenses that you may have incurred. Bottom Line Trying to pursue a personal injury case can be difficult without the right kind of professional assistance, especially if you’re going up against a corporation. You need to find a litigator who is both experienced and has the industry expertise to get you the compensation you deserve! For more information contact one of our highly qualified Attorneys at 580-224-0900 for a free consultation.   

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. 

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. For more information contact one of our highly qualified Attorneys at 580-224-0900 for a free consultation.