When you are ill or facing an injury, you trust that the nurse and doctor providing care to you know how to offer the best level of support for you. Sometimes, mistakes happen that are preventable. When that happens to you, and you are facing physical, emotional, and financial losses, it is critical to take legal action. At Gorospe Law Group, our Tulsa medical malpractice attorney brings you the peace of mind you deserve.
Contact us today by calling (918) 582-7775 or filling out our online contact form to schedule your free consultation.
Why Choose Us at Gorospe Law Firm
At Gorospe Law Firm, we believe in providing our clients with exceptional care and support as they navigate challenging legal matters. We bring an experienced team, with personal injury lawyers in Tulsa who have spent the last 20 years fighting for victim rights. We always listen to you, offer insight into your legal options, and then create a personalized legal strategy.
Having recovered millions of dollars in losses for our clients throughout the years, we know how to handle even the biggest medical organizations. Our fierce negotiation and dedication to providing superior legal guidance make our team the advocate you want on your side.
Medical Malpractice Resources
- What Should I Do If I Suspect Medical Malpractice?
- How Do You Prove Medical Malpractice in Oklahoma?
- Statute of Limitations in Oklahoma Medical Malpractice Cases
- Damages Available in Medical Malpractice Cases
- Common Types of Malpractice in Oklahoma
- Contact a Tulsa Medical Malpractice Attorney Today
What Should I Do If I Suspect Medical Malpractice?
Medical malpractice occurs when a licensed professional, such as a doctor or nurse, or a hospital engages in negligent behavior that leads to physical injury and financial loss. Medical malpractice is more than just making a mistake. Rather, you must show that the provider failed to uphold the standard of care expected of them. That means they did or did not do something that other providers with the same experience and in the same situation would have done.
If you suspect this occurred in your case, it is critical to seek legal guidance. Our Tulsa medical malpractice lawyer will review your case, provide you with insight into what your rights are, and ensure that we hold those who hurt you accountable.
How Do You Prove Medical Malpractice in Oklahoma?
There are a variety of ways to prove medical malpractice occurred. To do so, the following four elements must apply:
- Duty of care. Demonstrate that the provider owed you a duty of care. That means that there must be an established doctor-patient relationship in place.
- Breach of duty of care: Demonstrate that the provider breached the expected standard of care in the specific area. This means proving that the provider’s actions fell below what would be expected.
- Causation: Show that the breach of care is what caused the injury or accident you suffered. You cannot just show negligence, but show you must that the negligence caused your injuries.
- Damages: You must have suffered damages from the incident, meaning actual harm or injury.
If you believe this to be the case, the state of Oklahoma provides you with two years to take legal action through a medical malpractice claim. That means you have two years from the date you knew of the incident to take legal action.
How Long Do You Have to File a Medical Malpractice Claim in Tulsa?
If you’ve been harmed due to a medical provider’s negligence, Oklahoma law limits how long you have to take legal action. Under Oklahoma Statutes – Torts § 76-18, the general statute of limitations for medical malpractice cases is two years from the date of injury.
However, Oklahoma recognizes what’s called the “discovery rule.” If you could not reasonably have discovered the malpractice right away, the two-year clock may start from the date you knew (or should have known) about the injury. For example, if a surgical mistake isn’t uncovered until months later, the time limit may begin at that point.
There are exceptions and special circumstances as well that could adjust the time limit. For minors, the time limit may be extended until their 12th birthday in some cases. On the other hand, claims against government-owned hospitals or facilities often have much shorter deadlines and notice requirements.
Because it can be complex to determine the deadline for these cases, it is best to contact an attorney as soon as you can for help. Our skilled Tulsa medical malpractice lawyer can review the facts and circumstances of your situation, determine the applicable deadlines, and ensure your claim is filed on time.
Damages Available in an Oklahoma Medical Malpractice Case
Victims of medical malpractice often face steep financial and emotional burdens. Oklahoma law allows recovery of both economic and non-economic damages, as well as, in some cases, punitive damages.
Economic damages cover your measurable financial losses, including:
- Full coverage of medical expenses, both past and future
- Lost wages while you recover
- Loss of future earning capacity if you cannot return to work
Non-economic damages are designed to compensate you for harder-to-quantify losses, such as:
- Pain and suffering
- Emotional distress
- Loss of companionship
- Reduced quality of life
Punitive damages may be awarded in rare circumstances if there is “clear and convincing evidence” that the healthcare provider acted with reckless disregard or intentional misconduct. These are meant to punish egregious behavior and deter similar conduct in the future rather than to compensate you (though they do go into your pocket if they are awarded, nonetheless).
What Are the Most Common Types of Malpractice in Oklahoma?
Medical malpractice comes in many forms, but certain types of errors occur more frequently in Oklahoma cases. Each can have life-altering consequences for patients and their families.
Some of the most common include, but are not limited to, the following:
- Misdiagnosis or delayed diagnosis
- Surgical mistakes
- Birth injuries
- Anesthesia errors
- Failure to treat
- Diagnostic errors
Any of these mistakes can cause severe injury and/or long-term disability. If you believe malpractice played a role in your medical outcome, setting up a free consultation with our personal injury attorney can help you determine your rights and next best steps. Keep in mind as well that we work on a contingency fee basis, so our Tulsa medical malpractice attorney only gets paid if you do.
Call Our Tulsa Medical Malpractice Lawyer Today
If you believe you are suffering due to the mistakes of a nurse, doctor, hospital, or other provider, set up a free consultation with Gorospe Law Group. Our Tulsa medical malpractice attorney will provide you with guidance on your legal options and clarify what it will take to prove your losses. Do not wait to contact our legal team for additional support.