Oklahoma Medical Malpractice Lawyer

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Medical malpractice occurs when a healthcare professional deviates from standard medical practices and subsequent injuries occur. Healthcare professional are bound by law to follow the accepted standard of care with every patient. When this legal duty is breached and you are injured, or a family member dies due to an error or omission, you may have standing to file a claim for damages.

Simply put, medical malpractice is defined as an act of negligence carried out by a health care professional. This includes all medication, surgery, and even follow-up care that was administered by the health care provider. Test your situation against this definition and you can determine whether or not your health was compromised by the negligence of a health care professional operating in Oklahoma.

The state of Oklahoma has a statute of limitations of two years, meaning you have a set period of time from the point at which you discover or should have discovered the injury. There are some minor exceptions to this statute, which are dependent on age and rare circumstances. If you think you are the victim of medical malpractice, it is vital that you contact an attorney and discuss the facts of your case to ensure your rights are protected. If you cannot afford an attorney, you can most likely find an attorney that will take your case on a contingency basis. This means you pay no attorneys fees unless you are awarded damages.

The cap on damages in the state of Oklahoma is $100,000 for punitive damages if it is proven that the healthcare professional recklessly disregarded the patient's rights. In the case of malicious or intentional actions, the cap is $500,000, but neither of these caps include compensatory damages. If the court rules that a malicious or intentional act could have cost a human life, the cap is waived. Proving medical malpractice will require expert testimony. When you hire an attorney to represent your case, make sure they have the resources to investigate your claim and hire experts to testify on your behalf. There are often attorneys in your area who specialize in certain types of medical malpractice, such as surgical errors. Obviously, someone familiar with your particular injury has a bit of a head-start over other attorneys. There is also a cap in Oklahoma that limits the fees an attorney can charge—it may not exceed 50 percent. While this may seem high to some, it is important to remember that attorneys take these cases with no guarantees, and they invest a lot of money to win your case.

When considering representation for suspected medical malpractice, you should ask yourself these pertinent questions: Does the law firm have certified trial attorneys with experience handling cases similar to your own? This is an important question, because you need an attorney well-trained and competent in matters dealing with medical malpractice in Oklahoma. One more question to ask is, what do previous clients or other lawyers think of the law firm or attorney you are considering consulting with? Asking around can give you some kind of insight into their effectiveness, personalities, and professionalism—or lack thereof. Furthermore, remember to ask the possible attorney what experience he or she has in matters of medical malpractice cases in Oklahoma.

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