When you turn to a healthcare provider, you do so because you trust that they can improve your condition or help you maintain your health. When a healthcare provider causes more damage or exacerbates a condition, it can feel like a breach of trust. You deserve to be compensated for your losses and an Oklahoma City medical malpractice lawyer at BDIW Law can help. Speak to an Oklahoma City personal injury attorney today.
Could You Have Suffered Medical Malpractice?
Unfortunately, medical malpractice is all too common. It is the third-leading cause of death in the United States. At BDIW Law, our Oklahoma City medical malpractice lawyer strives to combat the incident rate of malpractice in the best way we know—through legal action. Our medical malpractice attorney has the experience you need to navigate this very complicated area of the law.
What Is Medical Malpractice?
Medical malpractice is the failure of a medical professional to render services that meet the standard of care of a reasonable healthcare provider. This failure often results in harm to the patient. In the best-case scenarios, that harm is merely temporary. In the worst-case scenarios, however, that harm can result in permanent physical and financial consequences or even death.
If you or a loved one is the victim of medical malpractice, you have the right to file a claim against the negligent party and ensure that they are held accountable. Not only can you gain compensation if you win, but you can also help prevent future instances of malpractice from harming other innocent individuals. Talk to an Oklahoma City medical malpractice attorney today.
Our first step is to determine if you have been injured or otherwise suffered loss through medical malpractice, and we will work to provide you with insight into what it takes to prove this. We can examine your case and offer legal strategies to help support your best possible outcome. Your first step, then, is to let us learn more about your case.
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Who Can Be Held Liable in a Malpractice Claim?
Medical malpractice extends beyond doctors, encompassing various healthcare providers who may be liable for negligence that led to an injury or medical issue. Regardless of their specific role or area of practice, all medical professionals must be held accountable for their actions. Some of the healthcare providers you may be entitled to file a claim against include:
- Physicians (Doctors)
- Nurses and Nurse Practitioners
- Surgeons and Anesthesiologists
- Chiropractors and Physical Therapists
- Dentists and Orthodontists
- Psychologists and Psychiatrists
- Optometrists and Ophthalmologists
- Obstetricians/Gynecologists (OB/GYNs) and Certified Nurse-Midwives
- Specialists (e.g., Oncologists, Cardiologists, Neurologists)
- Determining Medical Negligence
Identifying medical negligence is an important aspect of building a strong claim in medical malpractice cases. While not every medical error may amount to malpractice, it is critical to thoroughly investigate any situation where the quality of care received raises concerns. If even the smallest indication of medical negligence contributed to your injuries or harm, it’s best to seek legal counsel.
Let Our Attorney Determine if Medical Malpractice Occurred
Consider that many times, hospitals, doctors, and other responsible healthcare providers have dozens of professionals working to represent them, including insurance adjusters and attorneys. Then, consider that there are many rules and laws in place to protect these professionals. Because of these complexities, you need to arm yourself with legal support as well.
This is where our legal team can help you. Our first priority is to listen to you, gather all of the information you can provide to us, and offer insight into your legal rights and options. Then, we need to understand the details of your case.
A skilled medical malpractice attorney will be able to thoroughly assess your case to identify any wrongdoing by your healthcare providers. This is rarely a simple and straightforward process, but for those who have suffered these losses, our experience is invaluable. As your attorney evaluates the circumstances surrounding the medical incident, they will be looking for the following:
Breach of Standard of Care
In the medical field, there are standards of care that must be followed diligently. In the context of medical malpractice cases, this breach of care involves comparing the actions or decisions of the provider to those of other competent professionals in the same field. If the provider’s actions deviate from accepted medical standards, it may indicate negligence.
Causation involves demonstrating a clear cause-and-effect relationship between the healthcare provider’s negligence and the harm suffered by the patient. Malpractice attorneys conduct thorough investigations and consult with qualified medical professionals to establish this link and hold medical professionals accountable. Causation can be proven in various ways in most medical malpractice cases.
Lack of Informed Consent
Medical procedures and treatments inherently involve risks and potential side effects, and healthcare providers must communicate these to patients transparently. In some cases, medical negligence may involve a lack of informed consent, where a patient was not adequately informed of the risks or alternative treatments before a procedure. This can be a separate basis for a medical malpractice claim.
Oklahoma Statute of Limitations
When it comes to medical malpractice cases, every state has a statute of limitations. This is the time frame that victims have to file a claim before their case is deemed “time-barred” and, therefore, unactionable. In Oklahoma, the statute of limitations is two years.
Could You File a Claim After This Period?
However, medical malpractice cases can be unique due to the nature of the injuries and the complexity of identifying malpractice. For instance, if an infant suffers an injury during childbirth, the full extent of the harm may not manifest until later in the child’s development. In similar cases, where issues progress under the surface and lead to further harm, it may still be possible to take legal action.
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Common Types of Malpractice Cases
Many of our clients worry that they do not have an actual medical malpractice case, and though these cases often seem to only apply to big events and obvious mistakes, many times, that is not the case at all. Often, malpractice cases are more pinpoint-specific than you realize. At BDIW Law, our expertise spans a diverse range of complex medical malpractice cases. However, the most common malpractice suits that we see include:
- Surgical errors, which often involve making the wrong incision, leaving objects inside a patient, or performing the wrong procedure on the wrong patient
- Birth injuries, which can result in birth defects, premature birth, miscarriage, or maternal fatalities
- Brain injuries, which can occur during labor or surgery or when a doctor commits a surgical error, prescribes the wrong medication, fails to properly monitor oxygen levels, delays treatment of injuries, or a host of other errors
- Misdiagnosis, which can result in delayed treatment or lack of treatment entirely
- Failure to diagnose, which can result in delayed treatment, exacerbated conditions, or death
- Hospital mistakes, which can include any number of incidences
Injuries caused by malpractice are often the worst kind, and they are challenging to fight, especially if the incident ends in death. Medical professionals are held to a high standard of care, making it difficult for non-medical professionals to gauge whether or not a professional meets those standards. For this reason, medical expert testimony is required to win a malpractice case.
We Know the Medical Community
Our medical malpractice attorney in Oklahoma City, OK, at BDIW Law has connections within the medical community and can use those connections to ensure that your case is strong and enduring. This is often critical in proving that a medical provider failed to do what could be expected in a case like yours. Our connections can also help to show the impact of these mistakes on your future.
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What Damages Can You Recover from a Medical Malpractice Case?
One of the most common questions our clients have is what their case is worth. While we cannot take away the pain and loss of time, we can do quite a bit to protect your rights and help you obtain compensation for your losses. To do that, we need to understand what those losses are, such as:
- Medical bills
- Lost time at work
- Loss of quality of life
- Pain and suffering
- Long-term rehabilitation or medical needs
- Ongoing trauma
- Emotional distress
- Loss of consortium
These are just some of the damages that may apply in your situation, but our team will work to uncover the specifics of your case. This takes a full understanding of what occurred to you and why it happened while also understanding the impact of those incidents on your health and well-being now and into the future. Our aggressive, dedicated medical malpractice lawyer in Oklahoma City will remain by your side to fight for any and all compensation owed to you.
Get the Help You Need to Fight a Negligent Healthcare Provider Today
If you or a loved one is the victim of medical malpractice, it is understandable that you may be feeling angry and confused. However, you must prioritize your future well-being by taking prompt action, as you have limited time to file your claim and build your case. Get started ASAP by contacting our Oklahoma City medical malpractice lawyers at BDIW Law today.
The Sooner We Get Involved, The More We Can Do To Help You.SPEAK TO AN ATTORNEY TODAY