Oklahoma Medical Negligence Lawyer
We place a great deal of trust in medical professionals, especially when they are prescribing medications or performing surgical procedures. Many patients do not even feel comfortable asking too many questions or disagreeing with healthcare professionals. While this trust is often well earned, egregious errors do occur even within the medical community.
If your life has been affected by the poor decisions of a doctor, hospital worker, or pharmaceutical company, you are not to blame. The Oklahoma medical malpractice attorneys of the Abel Law Firm can work closely with you to pursue a case against the parties responsible for your injuries. To learn more about our efficient legal services, call us at (405) 239-7046.
Defining Medical Malpractice
Medical malpractice is committed whenever a doctor or other medical worker fails to meet the professional standards of his or her field. The question to be answered in a medical malpractice lawsuit is, “Would a reasonable person with the defendant’s plaintiff’s job title make the same choices he or she did in the same circumstances?”
For example, consider a doctor who prescribes a standard treatment for a problem, such as aspirin for a headache. If the aspirin does not happen to work for you, the doctor may not be to blame, as he or she was behaving reasonably. It is not necessarily malpractice when treatment simply does not work as well as you and your doctor hoped.
On the other hand, consider a doctor who prescribes a nonstandard treatment, even though a standard treatment was available. For example, instead of aspirin, the doctor gives you an experimental drug that has not been tested on patients with headaches. If this new drug harms you, you may be able to win compensation for your injuries from the doctor who prescribed it.
This kind of medical error is called improper treatment. Other common examples of medical malpractice include
Our team of Oklahoma medical malpractice attorneys believes there is simply no excuse for such harmful and preventable mistakes.
The Abel Law Firm is committed to protecting patients’ rights by holding careless medical professionals responsible for the damage they cause. To discuss what we could do for you, contact an Oklahoma medical negligence lawyer today at (405) 239-7046.
Medical Negligence FAQs
Can you file a medical malpractice lawsuit against someone other than a doctor?
Yes, a medical malpractice suit can be filed against someone other than a doctor. In fact, any health care professional can be sued for medical malpractice. You may be able to bring a malpractice lawsuit against a nurse, doctor, anesthesiologist, or an entire hospital. Some professions that are not as frequently tried for malpractice, but may also be found guilty of negligence, include dentists, physical therapists, and pharmacists. In cases where a pharmaceutical company fails to warn physicians of the potential risks and side effects, which results in injury to patients, the pharmaceutical company may be found liable. If you believe you have a medical malpractice case on your hands but are unsure of who is responsible, be sure to consult a lawyer.
How do I know if I’ve been the victim of medical malpractice?
Medical malpractice refers to any situation in which a medical professional acts in a way that does not meet the expected standards of someone in their position and causes physical harm to a patient as a result. In order to show that malpractice occurred, you must be able to prove three things. The first is that a doctor-patient relationship existed. Next, it must be provable that the medical professional was negligent; doctor negligence may include surgical errors, misdiagnosis, delayed treatment, medication errors, and much more. Lastly, it must be proven that your doctor’s negligence caused you an injury that led to specific damages, like physical pain, mental anguish, or lost earning capacity. If you believe all three of these aspects apply to your situation, it is likely that medical malpractice has occurred.
What damages are recoverable in a medical malpractice case?
Recoverable damages in medical malpractice suits in most states include, at a minimum, compensation for the cost of the procedure in which the malpractice occurred, the cost of any needed follow-up or future doctor visits, recovery for pain and suffering, and compensation for lost wages or future earning capacity. In some extreme cases, a plaintiff may be able to recover punitive damages if the doctor was aware they were acting in a harmful manner. Of course, this amount is going to be different from patient to patient, so get in contact with an attorney for a more accurate estimate.