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What Is Medical Malpractice?

medical malpractice attorney okcMedical 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.

If you are looking for a Medical Malpractice Attorney in Oklahoma to assist with your case, CONTACT US for a FREE CONSULTATION.

There is NO FEE UNTIL RECOVERY.

Medical Malpractice Attorney Heather Mitchell Oklahoma

2024-01-19T22:44:32+00:00March 15th, 2022|Information|

Medical Error is the Third Leading Cause of Death in the Country

  • Medical Error is the third leading cause of death in the US. BMJ 2016;353;2139. Medical error also causes other injuries besides death.
  • Medical error is also referred to medical negligence or medical malpractice and includes errors by all healthcare providers of any type e.g. doctors, nurses, physicians assistants, medical assistants, in all healthcare settings, e.g. offices, hospitals, surgery centers, nursing homes which produces injury of any kind.
  • Death certificates do not list medical error as a cause of death–the problem is much bigger then reported. And, injuries e.g. loss of limb, loss of organ function are not reported or tracked statistically at all.
  • Almost all medical malpractice happens ‘behind closed doors’. Patients are sick or may be under anesthesia or medicated and frequently do not know what happened. Family members are in the waiting room or not present or simply not told what happened with their loved one. What is worse is most states including Oklahoma have laws that protect physicians and hospitals from having to disclose the truth of what happened. These laws are called peer review laws. Peer review laws create a privilege, the privilege of secrecy, so physicians and hospitals do not have to disclose to the victim or their family members what happened or the outcome of an internal investigation.
  • Frequently, patients or family members have to file lawsuits just to be able to find out what happened or how it happened. Knowing this information and understanding what and how the medical error occurred is important to the victim(s) to aid in coping mentally and emotionally with what has occurred. The victims need to know.

If you are looking for a Medical Malpractice Attorney in Oklahoma to assist with your case, CONTACT US for a FREE CONSULTATION.

There is NO FEE UNTIL RECOVERY.

Medical Malpractice Attorney Heather Mitchell Oklahoma

2023-10-09T19:39:29+00:00March 14th, 2022|Articles, Medication Errors|

Do We Need an Autopsy?

If there is any question as to the exact cause of death, then yes. Three things must be proven to have a viable medical negligence case:

  1. a negligent act or failure to act, that;
  2. directly causes in its natural and continuous sequence;
  3. injury or death.

If there is a question at all about the cause of death an autopsy will almost always provide the answer. This is a necessary element in any wrongful death case.  If you believe the cause of death was from something a health care provider did or did not do push for an autopsy.

I have seen cases where healthcare providers list generic causes of death such as, cardiopulmonary arrest.  But, what caused the cardiopulmonary arrest, an unexpected pulmonary embolism or internal bleeding post-surgery that was not diagnosed?

How do I get an autopsy?

Oklahoma law requires the state medical examiner to perform an autopsy under certain circumstances. These circumstances are specified in Title 63 O.S. 938 https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=99883 .

Deaths that are medically unexpected and that occur in the course of a therapeutic procedure require autopsy.

Even then, the medical examiner will sometimes decline because they believe the cause of death is not in question. If after pushing you can not get the Oklahoma Medical Examiner to perform an autopsy, private autopsies are available and are often done by off duty state medical examiners.  Ask the healthcare institution to pay for it. Get the hospital’s management involved and ask that they pay for an autopsy. You can also pay for one yourself. The service is actually called, Private Autopsy Service, their website is: https://www.autopsyok.com/

If you are looking for a Medical Malpractice Attorney in Oklahoma to assist with your case, CONTACT US for a FREE CONSULTATION.

There is NO FEE UNTIL RECOVERY.

Medical Malpractice Attorney Heather Mitchell Oklahoma

2023-10-09T19:14:36+00:00March 13th, 2022|Information|

How Do I Get Medical Records?

Under Oklahoma Law all health care providers must provide a patient with a copy of their medical records. The only exception are certain psychological, psychiatric or substance abuse treatment records. Go the website of the provider or go the Health Information Department at the institution and find their form to request medical records. You will need to sign the form and pay for copying charges.

Charges are fifty-cents ($.50) per page for paper copies or not to exceed $200.00 if transmitted electronically.

If the person has died, medical records can be obtained by a court appointed personal representative, administrator or executor. If none has been appointed, a surviving spouse or responsible family member can obtain the records. A responsible family member is defined as a parent, adult child, adult sibling or other adult relative actively involved in the care or monitoring of the care of the patient as verified by the treating health care providers.

The Oklahoma statute is: https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=439160

If you are looking for a Medical Malpractice Attorney in Oklahoma to assist with your case, CONTACT US for a FREE CONSULTATION.

There is NO FEE UNTIL RECOVERY.

Medical Malpractice Attorney Heather Mitchell Oklahoma

2023-10-09T19:18:28+00:00March 12th, 2022|Information|

How Do I Know If My Doctor Is A Good Doctor?

This is difficult to judge if you are seeing your doctor for the first time. Check to see if your doctor has been disciplined by the Oklahoma Board of Medical Licensure at https://www.okmedicalboard.org/.  Go to the Search for a Licensee section and enter the last name.

If your doctor is a D.O. go to the Oklahoma Board of Osteopathic Examiners at  https://www.okmedicalboard.org/  and click on the tab at the top, Physician Search.

To check to see if your physician has been sued, go to https://www.oscn.net/dockets/Search.aspx and search by party.

If you are looking for a Medical Malpractice Attorney in Oklahoma to assist with your case, CONTACT US for a FREE CONSULTATION.

There is NO FEE UNTIL RECOVERY.

Medical Malpractice Attorney Heather Mitchell Oklahoma

2024-05-27T16:08:21+00:00March 11th, 2022|Information|

Heather Mitchell Attorney

Super Lawyer Oklahoma

Heather Mitchell Law, located in Oklahoma City, Oklahoma, is headed by Heather J. Mitchell, who focuses her practice on handling medical malpractice claims. She caters to clients in the surrounding areas of Oklahoma City.

Ms. Mitchell was raised in Guymon, Oklahoma, and pursued her education at The University of Oklahoma, where she completed her Bachelor of Science in nursing in 1987 and obtained her registered nurse license the same year. Subsequently, she attended the Oklahoma City University School of Law and graduated with honors in 1990.

Licensed to practice in all Oklahoma federal and state courts, Ms. Mitchell holds a track record of 20 cases brought to verdict and obtaining numerous seven-figure settlements. She has been successfully advocating for clients who have suffered negligence-related injuries caused by healthcare providers for over 30 years. She has been recognized twice as the Oklahoma Association for Justice’s Lawyer of the Year and holds membership in the American Association for Justice. Furthermore, she has been peer-review rated as AV Preeminent* through Martindale-Hubbell, with an impressive overall rating of 4.9/5.

A dedicated and zealous attorney, Ms. Mitchell fearlessly takes on the healthcare industry in her pursuit of justice. Her goal is to fight for the rights of those who have suffered negligent injuries and to potentially contribute to positive systemic changes—one case at a time. She has initiated lawsuits against almost every health system in the state of Oklahoma, including Mercy, INTEGRIS Health, AllianceHealth and SSM Health. Recently, she achieved a verdict of $7.5 million against two medical providers.

*AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer-review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Ratings™ fall into two categories – legal ability and general ethical standards.

Super Lawyers

heather mitchell attorney medical malpractice
2024-01-19T23:46:19+00:00March 4th, 2022|Articles|
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