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Personal Injury

Medical Malpractice Attorney in Oklahoma

When healthcare providers fail their patients, the consequences can be devastating. We hold doctors, hospitals, and medical facilities accountable for negligence—with expert physicians who establish exactly what went wrong.

Key Takeaways

  • Expert required: Oklahoma requires an expert affidavit from a qualified physician
  • 2-year deadline: From discovery of injury, but absolute 3-year cap from the act
  • Damage caps: $350,000 cap on non-economic damages in most cases
  • Get records fast: Request your complete medical records immediately

The Four Elements of Medical Malpractice

To win a medical malpractice case, you must prove all four elements:

1

Duty of Care

A doctor-patient relationship existed, creating a duty to provide competent care.

2

Breach of Standard

The provider failed to meet the standard of care—what a competent provider would have done.

3

Causation

The breach directly caused your injury. This is often the most contested element.

4

Damages

You suffered actual, quantifiable harm—medical costs, lost income, pain and suffering.

Understanding the Standard of Care

The standard of care isn't perfection—it's what a reasonably competent provider would do. Factors include:

Medical Specialty

A cardiologist is held to the standard of other cardiologists, not general practitioners. Specialists face higher expectations in their field.

Available Information

What did the doctor know—or should have known—at the time? Hindsight isn't the standard; reasonable medical judgment is.

Accepted Medical Practice

Treatment must align with what the medical community accepts. Multiple acceptable approaches may exist; following any of them is usually sufficient.

Clinical Guidelines

Protocols from medical associations (AMA, specialty boards) inform—but don't automatically establish—the standard. Deviation requires justification.

Available Resources

A rural ER may have different capabilities than a major trauma center. The standard accounts for what was reasonably available.

Potential Defendants in Medical Malpractice

Multiple parties may share responsibility for your injury:

Individual Providers

  • • Physicians (surgeons, specialists, ER doctors)
  • • Nurses (RNs, LPNs, nurse practitioners)
  • • Anesthesiologists
  • • Pharmacists
  • • Technicians (radiology, lab)

Healthcare Facilities

  • • Hospitals (for employees, policies)
  • • Surgery centers
  • • Urgent care clinics
  • • Nursing homes
  • • Medical practices/groups

Important: Hospitals often argue doctors are "independent contractors" to avoid liability. We investigate employment relationships, apparent agency, and hospital policies to identify all responsible parties. If the hospital held the doctor out as their employee, they may still be liable.

Damages in Medical Malpractice Cases

Medical negligence often causes life-altering harm requiring substantial compensation:

Economic Damages

  • Corrective medical treatment
  • Ongoing medical care costs
  • Lost wages (past and future)
  • Lost earning capacity
  • Home healthcare needs
  • Medical equipment and modifications

Non-Economic Damages *

  • Physical pain and suffering
  • Mental anguish
  • Disfigurement
  • Loss of enjoyment of life
  • Loss of consortium
  • Emotional distress

* Capped at $350,000 per lawsuit in most Oklahoma malpractice cases

Oklahoma Medical Malpractice Law

Oklahoma has specific rules that make medical malpractice cases challenging:

Expert Affidavit Requirement

Before filing suit, you must obtain an affidavit from a qualified medical expert affirming that malpractice occurred. The expert must practice in the same or similar specialty.

12 O.S. § 19.1

Statute of Limitations

2 years from discovery of injury, but no more than 3 years from the date of the act (absolute repose period). Exceptions exist for minors, fraud, and concealment.

76 O.S. § 18

Non-Economic Damage Cap

$350,000 cap on pain and suffering per lawsuit. This cap has withstood constitutional challenges. Economic damages are not capped.

23 O.S. § 61.2

Prelitigation Notice

Before filing suit, you must provide 90 days written notice to the healthcare provider. This allows opportunity for settlement and medical record review.

12 O.S. § 19.1

Frequently Asked Questions

Medical malpractice occurs when a healthcare provider—doctor, nurse, hospital, or other medical professional—fails to meet the accepted standard of care, and that failure causes injury to the patient. It's not just a bad outcome; it requires negligence. Complications happen even with proper care; malpractice is when the provider deviated from what a reasonably competent professional would have done.
Oklahoma has a 2-year statute of limitations for medical malpractice, running from the date you discover (or reasonably should have discovered) the injury. However, there is an absolute cutoff: no case can be filed more than 3 years after the act of malpractice, regardless of when you discovered it. Some exceptions apply for minors and cases involving fraud or concealment.
You likely have a case if: (1) a doctor-patient relationship existed, (2) the provider breached the standard of care, (3) that breach directly caused your injury, and (4) you suffered significant damages. A bad outcome alone isn't malpractice. We review medical records with expert physicians to determine if negligence occurred.
Yes. Oklahoma law requires an expert affidavit from a qualified medical professional attesting that malpractice occurred. This expert must practice in the same or similar specialty as the defendant. Without expert support, your case cannot proceed. We work with board-certified physicians who review records and testify at trial.
The standard of care is the level of treatment a reasonably competent healthcare provider in the same specialty would provide under similar circumstances. It varies by specialty, patient condition, and available resources. Expert witnesses establish what the standard was and how the defendant violated it.
It depends. Hospitals can be directly liable for their own negligence (understaffing, faulty equipment) and may be vicariously liable for employees (nurses, ER doctors). However, many doctors are independent contractors, making the hospital potentially immune. We investigate the employment relationship to identify all liable parties.
You can recover: medical expenses (corrective treatment), lost wages, loss of earning capacity, pain and suffering, disfigurement, disability, and loss of consortium. Oklahoma caps non-economic damages at $350,000 per lawsuit in most malpractice cases, with some exceptions for catastrophic injuries.
Medical malpractice cases require: expert witness fees ($5,000-$25,000+), medical record compilation, depositions of multiple healthcare providers, life care planners, and economists. Defense firms are well-funded and aggressive. We advance all costs and only recover if we win—but we must be selective about which cases to accept.
Delayed diagnosis and failure to diagnose are common malpractice claims. If a reasonably competent doctor would have identified your condition earlier, and the delay allowed it to progress (cancer spreading, infection worsening), you may have a case. We compare what the doctor did to what should have been done.
Yes. Surgical errors include operating on the wrong site, leaving instruments inside the body, damaging adjacent organs, and anesthesia mistakes. Some errors are so obvious they prove themselves (res ipsa loquitur). We obtain operative reports, anesthesia records, and nursing notes to establish what went wrong.
Consent forms don't waive malpractice claims. Informed consent means the doctor explained risks, alternatives, and benefits—but it doesn't excuse negligence. If the doctor performed the procedure negligently, or failed to disclose a material risk that would have changed your decision, consent doesn't protect them.
These are complex cases typically taking 2-4 years from filing to resolution. The timeline includes: medical record review, expert evaluation, required prelitigation notice (90 days), discovery, depositions, and potentially trial. Many cases settle after discovery reveals the full extent of negligence.

Harmed by Medical Negligence?

These cases are complex and require expert medical review. We work with board-certified physicians to evaluate your case and fight for maximum compensation.

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