Medical Malpractice
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.
