March 5, 2025 | Medical Malpractice
“Medical malpractice occurs when those engaged in the practice of the healing arts,” a/k/a medicine, “fail to exercise ordinary care in the delivery of professional services.”[1] So, to determine whether you may have a medical malpractice claim, you must first have two things:
(a) a patient-provider relationship; and
(b) at least negligence in the provider’s supply of medical care to the patient—meaning said medical provider (e.g., doctor, nurse, hospital, etc.) failed to meet the established standard of care.[2]
A doctor, nurse, or the like may fail to meet/violate an accepted standard of care in a myriad of ways, such as via a critical error in diagnosis, treatment, or surgery. But of course, this is a highly specific and technical area of law; as such, the best way to figure out if you have a viable medical-malpractice case is to first speak to an attorney with experience in that practice here. At McGuire Law Firm, experienced medical malpractice lawyers are ready, willing, and able to discuss with you the facts of your case and, based on such facts, give you an idea as to “best” next steps.
An Overview of the Elements of Medical Malpractice in Oklahoma
The occurrence of a bad medical outcome alone does not support a claim for medical malpractice, and in fact, the bar for proving professional malpractice can be quite high. But at the most basic level, to support a valid claim for medical malpractice, a plaintiff must show four things:
- a duty of care owed by a medical provider;
- a breach of that duty;
- injury; and
- causation.
Without establishing each of these elements, a medical malpractice case will not lie.
- Duty of Care: The “duty of care” in a medical malpractice case arises from the patient-provider relationship, which is a matter of contract.[3] It is the existence of this relationship that establishes the provider’s legal obligation to deliver care that meets accepted medical standards and to otherwise prevent foreseeable harm by acting reasonably.
- Breach of Duty: A medical provider may breach its duty of care in a multitude of ways, but in each case, the provider’s conduct must have fallen below the established standard of medical care or otherwise qualified as unreasonable under the circumstances. This is the hallmark of any breach constituting at least “negligence” under Oklahoma law.
- Causation: To establish causation, you must show that the provider’s breach of duty—that is, its failure to adhere to the established standard of care—directly caused harm to the patient, including by potentially eliminating other possible causes as contributing factors. This is a demanding requirement in medical malpractice cases often requiring expert testimony, as well as the testimony of treating physicians or other providers.
- Injury/Damages: Of course, to bring a claim for medical malpractice, you must show an injury or that you were otherwise damaged by a medical provider’s failure to adhere to the accepted standard of care. If you are not injured/damaged, the law offers no remedy—after all, it is the purpose of the civil justice system in the United States to fairly compensate for injuries actually sustained, not theoretical or unrealized harms.
It is Hard to Know if You Have a Case—Consult With a Lawyer
Medical malpractice cases are highly complex and extremely technical. The reality is that it can be difficult to determine whether you have a valid claim at all. Do not assume you are without options. At McGuire Law Firm, qualified medical malpractice attorneys are ready to review your medical records, consult with experts, and help you understand your options.
Medical Malpractice Victims Need Full and Fair Compensation
If you are the victim of medical malpractice in Oklahoma, you have the right to seek financial compensation for both economic losses and non-economic injuries. These may include, but are not limited to, the following:
| ECONOMIC INJURIES | NON-ECONOMIC INJURIES |
| Medical bills, costs, expenses;Ambulatory service costs (e.g., EMSA);Lost wages and/or earning capacity; andLost opportunity to work/earn. | Pain and suffering; Mental anguish and distress ;Disfigurement; Loss of Consortium (that is, of the benefits of a close relationship); and Wrongful death |
Please note, under Oklahoma law, that jurors determine the amount of damages to be awarded in a medical malpractice case, and there is no cap on damages. Thus, in Oklahoma, jurors are empowered to compensate injured persons in proportion to the actual harm sustained thereby—this may lead, in some cases, to what seem like large awards, but oftentimes jurors award amounts commensurate to the injuries sustained and the evidence presented.
Contact Our Oklahoma City Medical Malpractice Lawyer Today
At McGuire Law Firm, our attorneys are knowledgeable, experienced advocates for justice. If you or your loved one was the victim of medical negligence, we are here to help. Contact us today for a free, no-strings-attached case review and consultation. We have represented medical malpractice victims across the state of Oklahoma for decades, and we are prepared to assist you with any potential claims.
Legal Precedents Defining Medical Malpractice in Oklahoma
[1] Jennings v. Badgett, 2010 OK 7, ¶ 11, 230 P.3d 861, 865 (cleaned up); Franklin v. Toal, 2000 OK 79, P 14, 19 P.3d 834, 837.
[2] Reckless and intentional conduct are both actionable and, depending on the circumstances, may warrant further damages above and beyond those available in an action premised on negligent conduct.
[3] The law implies a contractual term that that the physician possesses “that reasonable degree of learning, skill, and experience which is ordinarily possessed by others of [the] profession, that [the physician] will use reasonable and ordinary care and diligence in the treatment of the case which [the physician] undertakes, and that [the physician] will use his [or her] best judgment in all cases of doubt as to the proper course of treatment.” Jennings, ¶ 13, 230 P.3d at 865.