Oklahoma Injury Lawyer and Attorney : Tony Laizure of Stipe Law Firm : Serving Oklahoma City, Tulsa, Norman, Lawton

A truck driver was approaching the toll gate on the Indian Nations Turnpike, south of McAlester.  For some reason, he decided he had to turn around and go back the other way.  Unfortunately, he made his U-Turn right in front of a "NO U-TURN" sign.  He got stuck and was blocking the road.  It was not yet daylight, and a car with four passengers collided with the truck, as it was impossible to see the truck's lights.

The driver and passengers of the car were seriously injured. The driver had to have neck surgery which resulted in serious and permanent disability.  He hired us and we were able to obtain important photographs and witness statements that were critical to the case.  We also helped the client obtain the necessary medical treatment he needed while waiting for his case to settle.

Had he tried to do this on his own, the insurance company would have most certainly tried to "starve him out" or would have offered a "lowball" settlement.  They would have never turned over the photos and statements that helped us get the case settled.

Accidents involving trucks, semis and other big rigs almost always result in serious injury or death. The trucking company and it's insurance company almost always send an "investigator" out to the scene and try to contact the injured party so they can take a statement from them while they are hurt and scared.  These people simply cannot be trusted as they are only looking out for the interests of the trucking company and its insurance company.

Always consult with an attorney before giving a "statement" to anyone other than a law enforcement officer whenever you have been in an accident.  Find out your rights before you talk to an insurance investigator or adjuster.  Remember, their goal is to pay you as little as possible.

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A mother and her 11 year old son wanted to ride one of the "Himalay" style rides at the Tulsa State Fair. They went up the stairs and stood on the platform to look at the ride.  While they were waiting, the guard rail collapsed, causing the mother to fall approximately 8 feet to the pavement below.  She fractured her heel in several places, which required multiple surgeries. The doctors had to insert several screws and pins to try to hold her heel together.

She worked as a nurse in the newborn baby ward.  Her job required her to be on her feet all the time.  Since she could hardly stand to put any weight on her foot, the hospital terminated her.

She sued the operator of the amusement ride.  As it turned out, the ride inspectors for the Department of Labor conducted an inspection of the ride shortly after the accident.  The ride operator was found to be negligent for not properly installing and monitoring the guard rail.  The photographs and report of the Department of Labor were crucial pieces of evidence in the case.

This case points out why it is necessary to obtain legal counsel in cases involving serious injury on someone else's property.  The lawyer was able to contact the Department of Labor and found the photographs and report.  The amusement ride operator literally had no defense in the case, and had to settle.

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            This case is a classical example of  "failure to monitor" a patient .

            In this case,  the patient presented to the emergency department around 3:30 in the afternoon on Christmas Eve 2004. According to the ER record, she complained of the sudden onset of chest pain (left side), with radiation to the abdomen, back, left shoulder and arm. She was properly evaluated by the emergency department, and it was determined she had pneumonia, so she was admitted to the hospital. 

            A pulmonary consult was obtained, which means they called in lung doctor,  and the diagnosis of pneumonia was confirmed.   Pneumonia is basically fluid on the lungs.  Medication was prescribed and the patient was placed on a heart  monitor.

            In the early morning hours of January 1, 2005, the hospital’s central monitoring unit, which monitors patients all throughout the hospital, called the floor on which the patient was staying and advised the floor nurse that the patient’s monitor had somehow been disconnected. For some reason, no one from the hospital went to check on the patient for approximately 20 minutes.  When a nurse finally made her way into the patient’s room, she was found to be asystolic and a code was performed.   She was resuscitated but it was too late. She suffered a fatal anoxic brain injury. That means her brain was not getting any oxygen.  She “lived” for two more days and died on January 3, 2005.

            The family retained us and we hired two experts to evaluate the case.   Not surprisingly, the nursing expert found there to have been several negligent acts and failures on the part of the nursing staff. Obviously, the most significant was the failure of the nurses on the floor to respond to the call from the central monitoring unit, and the failure of the central monitoring unit to follow up with the nurses on the floor. 

            A board certified pulmonary physician reviewed the records concluded that the patient would have in all likelihood left the hospital in good condition but for the negligence of the hospital staff. There was no indication of physician error in this case.

            Prior to filing a lawsuit, the hospital was contacted and agreed to participate in mediation. The case was settled without a lawsuit being filed. At the request of the hospital, the amount of the settlement remains confidential.

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Tony Laizure  recently settled a wrongful death medical negligence case against a Pawnee County physician and hospital.

The case involved the failure of the emergency room physician and nurses to recognize that the patient may have been suffering from a bleed in the brain, a medical condition known as a subarachnoid hemorrhage. Despite the fact the patient presented with all of the classical signs of a subarachnoid hemorrhage, the emergency room physician felt as though the patient was suffering from a reaction to a prescription medication. The patient was sent home, where 2 hours later he experienced a major bleed, and died shortly thereafter.

The patient was survived by his wife and three sons, who filed a lawsuit against the physician and hospital in Pawnee County District Court. The case was set for trial in November 2006, but settled. The terms of the settlement are confidential.

A subarachnoid hemorrhage is a medical emergency that requires immediate medical attention. Usually, the patient complains of one of the worst, if not the worst, headache the patient has ever experienced. Sometimes, the headache is accompanied by other symptoms such as nausea and vomiting, sensitivity to light, dizziness or seizure-like symptoms, although it is not necessary for these symptoms to be present.

If you or a loved one ever experiences these symptoms, you should proceed immediately to the emergency room. Be sure to tell the doctor you are having the worst headache ever, or that this headache is much worse than previous headaches. Once the doctor suspects a subarachnoid hemorrhage, the treatment of choice is a CT scan. This will help the doctor to see if there is indeed a bleed in the brain. The other treatment is a spinal tap or lumbar puncture, done to see if there is any blood in the spinal canal.

If you have any questions about this most important medical condition, call your physician. If you have any legal questions about this or other medical issues, call our toll free number at 1-800-798-2613 and ask for Tony Laizure.

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Welcome to Cookie's Corner.  Here you will be able to learn about the Laizure Family Dog, Cookie.  She is 5 years old. Cookie is a Goldendoodle.  Yes, that's right, a Goldendoodle.  She is half Golden Retriever and half Standard Poodle.  She weighs about 65 pounds.  I call her the "Will Rogers of Dogs" because she never met another life form she didn't like.  She LOVES kids and she is just the world's friendliest dog. 

We looked long and hard for a dog that would not shed, would be healthy, friendly to young children and had a good personality.  After many hours of research, we stumbled across the Goldendoodle website, www.goldendoodles.com where we found a lot of information about the breed, learned about reputable breeders and in the end, found Cookie.  It was hard work but it paid off.   I highly recommend this website and if you are looking for a great dog, I highly recommend a Goldendoodle. 

We bought Cookie from a very nice lady near Washington, D.C.  She shipped Cookie to us and we met her at the airport and brought her home.  She was only 8 weeks old.  She weighed about 10 pounds.  That was five years ago.  My, how the time has flown by. 

As I type this, Cookie is sitting close by looking out at Swan Lake, watching the ducks and the people go by.  She is such a great dog.

Cookie enjoys her walk around Swan Lake every morning.  She likes to watch the ducks, the people, the swan who is waitng for a new mate.

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What is a "premises liability" case, and how is it different from a "slip and fall"? The answer is that a slip and fall case is one kind of a premises liability case. Premises liability cases are those kind of cases where someone suffers an injury on the "premises" of another, due to the negligence of the person/company that owns or operates the premises. The premises could be a home, residence, rental property hotel, motel, business, retail store, restaurant, grocery store, home improvement store, amusement park, state fair, government building.

Those who own/lease property have a responsibility to make it safe for their guests, visitors and customers. That means keeping the property safe from any known dangers or other conditions that can cause injury to people. Perhaps the most common injury on a premises is a "slip and fall" where the guest or customer slips on a substance spilled on the floor and falls, sustaining an injury.

Is a property or store owner liable simply because someone falls and injures themselves at their home or store? The answer is no. Before they can be held liable, it must be shown that the property or store owner knew or should have known of the dangerous condition. For instance, if a person slips in some water at a fast food restaurant, that does not mean the restaurant is liable. It is possible that another customer spilled something on the floor just a few moments before the person slipped in it, or it is possible that whatever it was on the floor could not have been seen by store employees.

It is very common for places like restaurants, retail stores, home improvement stores etc to have video cameras that will show exactly what happened. So if your or anyone you know falls or are hurt in a business of any kind, you need to ask them to produce or preserve the video tapes for that day. You need to make this request in writing. It is also very common for the store owners to fill out an accident report, and you need to ask for a copy of that also.

Some property owners and homeowners have what is called "no fault" medical insurance, which will pay some of your medical bills even if they were not at fault. So if you are injured on someone else's property, you need to ask about no fault insurance (sometimes called medical payments or medpay), you need to get a copy of the accident report and you need to make sure they don't get rid of their video tapes or surveillance photos.

There are other types of premises liability cases. I have represented people who have been injured by faulty amusement park rides, dangerous bleachers, faulty automatic doors, the list goes on and on.

If you have any questions about your rights when injured on someone else's property, call me. As always, there is no charge to talk to me and you will be under no obligation to hire me. If I take your case, it will be done on a contingent fee, meaning I don't get paid unless I get a recovery for you.

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Workers who are injured on the job have very important and valuable rights. If a person is injured on the job, their employer and/or workers' compensation insurance carrier must provide prompt and adequate medical attention and treatment. They must pay for all reasonable and necessary treatment, surgery, rehabilitation, medication and therapy. If an injured worker has to travel out of town to get medical treatment, mileage reimbursement must be made.

If an injured worker is unable to return to the same type of work after he has been released by the doctor, then the employer and insurance company must make arrangements for vocational rehabilitation and training.

In addition, if an injured worker is unable to work because he is under the care of a doctor, that worker is entitled to draw "temporary total disability"(TTD) payments in an amount equal to 70% of the average weekly wage of the employee, up to a maximum of $528.00 per week. Once the worker has been released to return to work, even if it is light duty, the obligation to pay TTD comes to an end.

In 2005, the Oklahoma legislature passed so-called Workers' Compensation "reform". The rights of the injured worker have been changed dramatically. In order for an injured worker to receive the maximum benefits to which he/she is entitled, it is important to know what those rights are. If you are injured on the job, call me and we can talk about your case. I never charge anyone to talk to them on the phone, and you are not under any obligation to hire me. If I do take your case, I will take it on a contingent fee. The law allows a lawyer representing the injured worker to charge as much as 20% of the final disability award. If there is no recovery, there is no fee.

The statute of limitations for a workers' compensation claim is two years from the date of injury. However, an employee who is injured on the job is required to notify the employer within thirty days or seek treatment for the injury within thirty days. Failure to give notice or seek treatment may result in the claim being denied.

Special rules apply when an injured workers makes a claim for "cumulative trauma" injuries, that is, injuries to the hearing, heart, lungs etc. that occur over a period of time. It is important to know what these rules are so that valuable rights will not be lost.

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Drug companies are supposed to make sure that their drugs, medications and medical devices are reasonably safe when used as intended. Too often, a srug company will put profits over safety and create an unreasonably dangerous product by failing to properly research a drug's possible risks before placing it in the stream of commerce. In some cases, the drug companies will even hide bad information on the drug from the Food and Drug Administration (FDA). In such instances, without being warned in advance of the drug, human beings serve as unwitting guinea pigs. A drug's approval by the is not a guarantee of its safety and will not shield a drug manufacturer from liability.

Each year, thousands of Americans are injured or killed as the result of taking dangerous prescription drugs. Many of these drugs are later pulled off the market by the FDA but not until it is too late for many people. If you suspect that a drug that you or a loved one has taken has caused injury, illness or death, see if the drug has been recalled. Talk to the doctor or pharmacist that prescribed the medication. The FDA has a website devoted to providing information on drug recalls, market withdrawals and safety alerts.
http://www.fda.gov/opacom/7alerts.html

Your next stop is to contact a lawyer that handles these types of cases. We have worked on many cases involving drugs that have been recalled or found to be harmful and defective. Sometimes we network and associate with lawyers from other states, so we can combine resources to take on the powerful drug companies. Selecting the right lawyer with experience in drug cases is most important.

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Product liability law is designed to protect consumers from dangerous and defective products. Product liability covers all types and kinds of products, including automobiles, trucks, household products, prescription drugs, toys, manufacturing equipment and machinery. The list is endless.

Consumers who have brought successful product liability suits have helped make the world a safer place to live. Dangerous automobiles like the Corvair and the CJ Model Jeeps were unstable and would roll over too easily. After several lawsuits were brought on behalf of those seriously injured or killed, these products were either discontinued or made safer.

Similar results have been achieved in cases involving asbestos, flammable fabrics, unguarded machinery, farm equipment, tractors with no rollover protection, prescription drugs, dietary supplements, toys with too many parts for young children to swallow, car seats for babies, and the list goes on and on.

A product may be defective in the way in which it is designed or manufactured. A product may also be defective if it does not contain adequate warnings about the dangers involved in the use of the product, or if it does not have proper instructions concerning the assembly, installation or use of the product.

After decades of losing and settling cases involving defective and dangerous products, corporations are slowly realizing that it is in their best interest to make a safe product as opposed to a cheap one.

The statute of limitations for a product liability claim is generally two years from the date of injury or death.

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The loss of a loved one due to the fault or negligence of another brings many unfortunate consequences on the survivors. Losing a child or parent as a result of someone else's carelessness is devastating. And while it is true that you cannot put a price on the life of a loved one, in some circumstances it is appropriate for the wife, husband, parents or children to seek damages for the wrongful death of a loved one.

Oklahoma has what is called a "Wrongful Death Statute", a specific law that allows family members to recover certain damages against those responsible for the death of another. The law provides that when the death of one is caused by the wrongful or negligent act of another, the surviving family members may file a lawsuit to recover certain damages. The statute specifies what damages may be recovered and they are funeral and burial expenses; expenses of last illness; grief and loss of companionship of the surviving husband/wife; grief and loss of companionship of the parents and children, and what the law refers to as "pecuniary loss", which means loss of financial support to a spouse, children or in some cases, parents.

Wrongful death cases can be brought as a result of a death from any number of cases, such as motor vehicle/trucking accident, defective drugs or medication, defective automobile or tractor, faulty equipment or tools, or from the neglect of a doctor, hospital or nursing home. It is very important to preserve evidence in a wrongful death case, whether it be a part from a tool, an automobile, medical records, pill bottles or other evidence. Obtaining the services of legal counsel to assist in the collection and preservation of evidence is an important step in protecting the rights of those who may have a wrongful death case.

Often, insurance companies will approach the family of a deceased and try to get them to sign a release while they are still grieving over the loss of a loved one. Sometimes the money paid is completely inadequate to compensate for the loss, but the insurance company will take advantage of the situation and get the family to settle for pennies on the dollar. In such cases, the family should refuse to sign any papers and consult with their lawyer.

The statute of limitations for wrongful death cases is two years from the date of death.

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When we place a loved one or relative in a nursing home, we have the right to expect that they will receive compassionate and excellent care. Nursing home residents have the right to live in dignity, free from abuse and neglect. A nursing home should be a clean, safe and healthy place for our loved ones.

Unfortunately, some nursing homes sometimes fail to properly care for their residents. And in some cases, there is outright abuse and neglect. Some of the more common signs of abuse and negligence are development of bed sores or pressure ulcers, medication errors, misuse of restraints, physical neglect, sexual or physical abuse, malnutrition/dehydration, failure to prevent wandering and burn injuries.

If you suspect that a nursing home patient has been abused or neglected in any manner, you should call the Oklahoma Department of Human Services to report it. You can contact them on the web at http://www.okdhs.org/. Scroll down the page, then click on the Adults link, and on the page that comes up, click on the Adult Protective Services link. Or you can call the toll free Statewide Abuse Hotline at 1-800-522-3511.

Then, if appropriate, contact me and I will let you know what legal steps you may need to take to protect the rights of your loved ones.

The statute of limitations for claims against nursing homes is generally two years from the date of injury or death. If the injury is not discovered until sometime after it occurs, it is possible that the statute of limitations would be two years from the date the injury is discovered. However, that rule depends on the individual facts of the case and it is always better to file the case within two years from the date of the actual injury, if possible.

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Despite recent advances in medicine, all too many people are either killed or seriously injured from mistakes made by doctors, nurses, hospitals and other health care providers. A patient is entitled to the best medical care available, but frequently does not get it. When that happens, it is appropriate to review the medical records and other information to see if there was negligence involved in the medical care provided, and if so, it is then proper to seek the advice of an experienced medical malpractice lawyer.

A doctor is required to exercise ordinary care, skill and diligence when treating his patient. The same standard of care that is applied to doctors in New York, California, Florida or Texas, applies to doctors in Oklahoma. In other words, just because we live in a small state does not mean that we are not entitled to the same quality of medical care as people in the "big city".

Medical malpractice can occur in several different ways, including a failure to diagnose an injury, illness or condition; incorrectly performed surgery; damage to a baby or mother during delivery; failure to perform the right test or refer to a specialist; leaving a surgical instrument or other object in a patient; patient burns; medical device and/or equipment failure or malfunction and failure to monitor a patient.

This can occur in the hospital or at the doctor's office. As a general rule, hospitals are not liable for the negligence of the doctor even if it occurs during surgery or in the hospital. There are some exceptions to the rule. Determining who to sue in a medical malpractice case requires a careful review of the medical records.

Generally speaking, a patient has two years from the date of injury or death to file a medical malpractice claim. However, if a government or public owned hospital is involved, the law requires notice to be given within one year from the date of injury or death. If it is a hospital or facility owned or operated by an Indian Tribe, the VA or other federal agency, you must file a written claim against the federal government within two years from the date of injury or death. There is a specific form you must complete and it must be sent to the right government agency. Often it is difficult for the patient to know if a particular hospital is public or private. Therefore, it is important to seek the advice of a medical malpractice lawyer so that the patient's rights can be protected. In addition, a doctor working at a federal government facility may be an independent contractor, and not a government employee, and may have to be sued individually.

Malpractice cases are among the toughest to win. They are also among the most expensive to handle. The lawyer you hire must have a lot of experience in handling malpractice cases. Ask the lawyer you are talking to about his/her experience, the types of cases he/she has handled, how many malpractice cases they have handled and if the lawyer has ever taken a malpractice case to jury trial.

The insurance companies for the doctors and hospitals know who is competent to handle these cases and who isn't. Make sure you pick the right lawyer. If necessary, ask for references.

I have handled many of these cases and have taken several to jury trial. I have won my share and lost some as well. I have settled many cases against doctors and hospitals throughout the state.

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Insurance has become a part of our everyday life. We need insurance for our homes, businesses, automobiles, health, even our lives and the lives of our loved ones. Oklahoma law requires us to have at least $25,000.00 in liability coverage for our automobiles. We cannot obtain a mortgage for a home without purchasing homeowners insurance. When you purchase an insurance policy, whether for your car, home, or otherwise, you enter into a contract with the insurance company. The insurance policy is that contract.

Under the terms of your contract with the insurance company, you are entitled to be treated fairly and "in good faith" when you make a claim. That means that the insurance company must conduct a prompt, fair and honest investigation of your claim and pay the full amount of benefits due under your contract, and must do so in a timely manner.

Often times, insurance adjusters claim there is no coverage for your claim when they know there is. Or they will offer to settle your case for an amount far less than what is owed. Or they simply delay, delay, delay, and hope you will eventually give up.

This is called "bad faith", and when an insurance company treats you that way, you have the right to sue them. And, in some cases, you may recover more than what is due under the policy and make the insurance company pay your lawyer as well.

When you make a claim under your insurance policy, you should make sure you get everything in writing from the company. Make them tell you in writing if your claim is covered under the policy, and if not, make them put in writing why it isn't. Make them send you a copy of your policy and have them state in writing the specific provision of the policy that they claim does not give you coverage for your claim.

If you think the insurance company is not offering enough money, make them provide you with a copy of all the documentation they have to support their decision. If the claim is for damage to a car, make them provide you a copy of all estimates. If your claim is for medical bills, and they don't want to pay all of the bills, make them provide you a copy of whatever "code" book they are using to pay less than the full amount of the bills. You are entitled to get all of that information from them.

If the company is delaying your claim, then immediately contact the State Insurance Commissioner. Their website is http://www.oid.state.ok.us/index.asp You may also call their toll free number 1-800-522-0071

If you have any questions about how your claim is being handled or what your rights are, please contact me at 1-800-798-2613, or at 918-749-0749 or email me at tlaizure@stipelawtulsa.com

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Motorcycle accidents occur at an alarming rate. Although the cause of the accident is almost never the fault of the rider, the results are too often catastrophic. Biker's often are the victims of drunk drivers not paying attention to the road or unable to operate their vehicles with proper control. In order to try and minimize your recovery, Defendants will make arguments such as "it is just too difficult to see a motorcycle" or "motorcyclists know they are engaging in a dangerous activity".

When you are injured in a motorcycle accident, you are entitled to receive fair compensation for the damage to your bike; you are entitled to have your medical expenses, past and future, paid; you are entitled to recover for lost wages and any damage done to your ability to make money in the future; and you are entitled to recover for physical and mental pain and suffering.

The statute of limitations for a motorcycle accident claim is two years from the date of the accident, so act quickly in order to avoid any unnecessary burden to you or your loved ones.

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More and more trucks, semis, 18 wheelers, whatever you want to call them, are flying up and down are highways and interstates.  These vehicles and their trailers sometimes weigh as much as 80,000 pounds.  That is 40 tons.  When one of these rigs smashes into a passenger car, the outcome for the people in the passenger car is usually pretty bad.

To make matters worse, the trucking company will start building a case against the other driver immediately after the accident. The driver calls the company on his cell phone, the company calls an insurance adjuster and an accident reconstruction expert.  These people work for the truckig company and their job is to make the accident look like it was the fault of someone other than the truck driver.  They start taking statements from witnesses, family members, police officers.  They go to the scene, take pictures, measurements.  They download the "black box" from the truck.

While the other driver is trying to recover from injuries, usually laid up in a hospital, the trucking company is working overtime to try to make sure the injured victim does not get anything.  That is why it is so important to contact a lawyer who is experienced in handling trucking accident cases.  The lawyer for the other driver can hire their own experts and make sure the trucking company does not get rid of important evidence, such as driving logs, the "black box", and at the same time, make sure that the case against the trucking company is being prosecuted aggressively and timely.

Waiting months or even weeks to get started is not a good idea.  If you or someone you know has been injured in a trucking accident, you need to contact a lawyer immediately.

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Auto accidents happen with alarming regularity. The insurance industry has made what should be a relatively simple process of collecting damages from a negligent driver into a nightmare for many people. Not too many years ago, people were able to handle auto accident claims on their own and were treated fairly by insurance companies. Now, the insurance companies make it almost impossible to get a fair settlement for a person injured by the negligence of another driver. They refuse to pay a fair amount for damage to your car, they may not pay for a rental car, they will criticize you for going to the doctor too much, and when you don't go, they say you aren't hurt. I have dealt with insurance companies and their adjusters for years and know how to get the most out of the insurance company.

When you are injured in an Auto accident, you are entitled to receive fair compensation for the damage to your car; you are entitled to have your medical expenses, past and future, paid; you are entitled to recover for lost wages and any damage done to your ability to make money in the future; and you are entitled to recover for physical and mental pain and suffering.

The statute of limitations for an Auto or trucking accident claim is two years from the date of the accident, so act quickly in order to avoid any unnecessary burden to you or your loved one.

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