What Is Medical Malpractice?

Medical negligence = medical malpractice = medical error, they are terms for the same thing. Medical malpractice occurs when a health care provider (which can be an individual or an entity) neglects to provide appropriate treatment, omits to take appropriate action, or gives substandard treatment that causes harm, injury or death to a patient.

In legal parlance, it is referred to as “violating the standard of care”.  The standard of care is established in a medical malpractice case by the testimony of an expert, meaning a qualified physician in the same field of practice at issue.

Types of medical malpractice include but are not limited to:

• Misdiagnosis or delayed diagnosis
• Unnecessary, incorrect, or improperly performed surgery
• Premature discharge
• Not following up on testing ordered and results
• Failing to order appropriate diagnostic testing
• Failing to treat a patient’s condition or postoperative complication

Understanding Medical Malpractice in Oklahoma: What You Need to Know

Medical malpractice is a serious issue that can have devastating consequences for patients and their families. In the state of Oklahoma, medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, resulting in harm to the patient. Understanding the basics of medical malpractice is crucial for anyone who may have been affected by substandard medical care in Oklahoma.

What Constitutes Medical Malpractice in Oklahoma?

Medical malpractice in Oklahoma is defined as the failure of a healthcare provider to meet the prevailing professional standard of care, which results in injury or death to the patient. This standard of care is based on what a reasonably prudent healthcare provider would or would not do under similar circumstances. Examples of medical malpractice can include misdiagnosis, surgical errors, medication errors, birth injuries, and failure to obtain informed consent.

In Oklahoma, medical malpractice cases are subject to a statute of limitations, which means there is a limited window of time in which a lawsuit can be filed. Typically, the statute of limitations for medical malpractice cases in Oklahoma is two years from the date of the injury or from the date the injury was or should have been discovered. It’s important for individuals who believe they have been victims of medical malpractice to seek legal counsel promptly to ensure their rights are protected.

Proving Medical Malpractice in Oklahoma

To successfully prove a medical malpractice claim in Oklahoma, the plaintiff must establish the following elements:

1. The existence of a doctor-patient relationship, where the healthcare provider owed a duty of care to the patient.
2. The healthcare provider’s breach of the standard of care, indicating a failure to provide treatment in a manner consistent with what a reasonably prudent provider would do under similar circumstances.
3. Causation, demonstrating that the healthcare provider’s breach of the standard of care directly caused the patient’s injury or harm.
4. Damages, which can include physical pain, emotional suffering, medical expenses, lost income, and other losses resulting from the malpractice.

Seeking Legal Assistance

If you believe that you or a loved one has been a victim of medical malpractice in Oklahoma, it’s essential to seek legal assistance from a qualified attorney who specializes in medical malpractice cases. Attorney Heather Mitchell can help evaluate the circumstances of the case, gather evidence, consult medical experts, and navigate the complex legal process to pursue fair compensation for the harms suffered. She can help you in every aspect of the case.

In conclusion, medical malpractice is a serious issue that can have life-altering consequences for patients and their families. In Oklahoma, understanding the basics of medical malpractice law, including what constitutes medical malpractice and the process for proving a claim, is crucial for anyone who may have been affected by substandard medical care. By seeking legal counsel with Heather Mitchell, she can help you understand your rights, and can take the necessary steps to pursue justice and fair compensation for the harms they have endured due to medical malpractice.

Learn more about medical malpractice errors, such as Diagnostic Errors, Medication Errors, Foreign Object Errors, Radiology Errors, Laboratory Errors and Surgical Errors.