OKLAHOMA MEDICAL MALPRACTICE
In Oklahoma, when a medical provider causes injury to a patient because of his own negligence, he can be sued for medical malpractice (also known as med mal and medical negligence). Negligence is when the actions of a healthcare provider do not meet the medical standard of care of other healthcare professionals in a similar situation. The following actions can lead to a medical malpractice lawsuit:
It would be useful to talk to an Oklahoma medical malpractice lawyer as soon as possible if you think your medical practitioner was negligent and caused you injury.
Who Can Commit Malpractice In Oklahoma?
Any medical professional or healthcare provider in Oklahoma can be sued for medical malpractice. Generally, any medically licensed organization or individual qualifies as a healthcare provider. Healthcare providers may include doctors, specialized physicians, physical therapists, dentists, nurses, osteopaths, chiropractors, clinical social workers, hospitals, or medical day care centers, etc. Questions about who is and who is not a healthcare provider should be directed at an Oklahoma med mal lawyer.
Oklahoma Medical Malpractice Statutes of Limitation
If your injury was caused by the act or omission of a medical practitioner in Oklahoma, you should be sure to file your claim within two years of the act or omission that caused the injury. But, if the injured party is a minor younger than age 12, his parents have seven years to file a claim for medical malpractice. If the minor is over age 12, he has one year after he turns 18 to file a lawsuit.
You must file your claim for medical malpractice within the time frame of the statute of limitations, or your claim will be barred and you will not be able to recover monetary damages for your injury. An Oklahoma medical malpractice lawyer can assist you with meeting the filing deadlines.
Damages Limitations On Oklahoma Medical Malpractice Claims
Oklahoma law allows a party injured in a medical malpractice suit to recover compensatory damages for pain and suffering, medical expenses, and lost wages. An injured party may also be awarded punitive damages if the behavior that caused the damage was intentional or malicious.
Oklahoma places a cap of $100,000 on punitive damages. But, if the health care provider's conduct was intentional or malicious, the cap becomes the greater of $500,000 or twice the amount of compensatory damages awarded. In some cases, Oklahoma caps non-economical judgments at $300,000.
It is essential that you talk to an Oklahoma med mal lawyer about your claim and the potential damages you could be awarded.
How To File A Oklahoma Medical Malpractice Claim
If you undergo medical care and end up with an injury, it is possible that you can sue the medical practitioner for medical malpractice. If this is the case, you should talk to an Oklahoma med mal lawyer about filing a claim. Be aware that medical malpractice cases can be highly technical, complicated, and costly, and may require depositions, medical expert witnesses, and dealing with very experienced attorneys who represent the health care provider's insurance carrier. Thus, because med mal cases can be quite involved and require multiple steps, it is bly recommended that you hire an Oklahoma med mal attorney to handle your case for the best possible result.
Oklahoma Statutes Annotated