Do you believe you have been harmed due to medical malpractice in Edmond, OK? This is an all-too-common problem in Oklahoma. You may be entitled to compensation for the injuries you have suffered, including worsened health, complications, reduced quality of life, and costly medical bills.
An Edmond medical malpractice lawyer at McGuire Law Firm is here to help you seek the compensation you deserve.
Call our law office to schedule a free, no-obligation case review to begin building your claim.
How an Edmond Personal Injury Lawyer Can Help with Your Medical Malpractice Case
You placed your trust in your medical providers to help you get better and support your health. When their negligence causes you harm instead, you may feel overwhelmed, angry, and betrayed. The situation only worsens when you are left fighting an insurance company to pay for the damages you suffered while you struggle to recover and move on.
Unfortunately, medical malpractice is very common, but you face an uphill battle to receive compensation. You deserve experienced legal counsel to protect your rights and make sure the responsible party is held accountable.
An Edmond personal injury lawyer at McGuire Law Firm is here to help you. Our medical malpractice attorneys have a combined 50 years of experience handling complex cases involving medical negligence. Founding attorney Kent R. McGuire represented insurance companies for 13 years and brings unique insight into the strategies the insurance company will try to use against you.
When you choose McGuire Law Firm to handle your medical malpractice case, you can rely on us to put our experience to work for you by:
- Providing sound legal advice at every stage
- Protecting your legal rights
- Conducting an in-depth investigation into your incident to establish causation, liability, and damages
- Consulting with medical experts to establish the standard of care in your case and how your provider violated their duty
- Negotiating with the insurance company for a fair settlement offer
- Presenting your case in a courtroom if a settlement can’t be reached
You are not alone. The trial lawyers of McGuire Law Firm have extensive experience representing injured Edmond residents against well-funded insurance companies. We will put our expertise and experience to work for you.
What Is Medical Malpractice in Oklahoma?
Medical malpractice is a frighteningly common phenomenon. According to a major John Hopkins study, medical malpractice in all its forms is the third-leading cause of death in America. Other studies have cited even higher figures.
Medical malpractice occurs when a health care provider is negligent, either through omission or action, and causes injury to a patient. This may occur at any stage of medical care, whether it is diagnosis, treatment, follow-up care, or routine health management. Almost any healthcare professional can commit malpractice, including nurses, physicians, pharmacists, anesthesiologists, technicians, and hospitals.
Medical malpractice goes beyond unsuccessful treatment or less-than-optimal results. Under Oklahoma law, a medical malpractice claim requires showing that a reasonably careful and skilled provider would not have caused the injuries you suffered in similar circumstances.
Medical providers are held to a high standard of care. They may be held liable when they do not uphold this duty and cause a patient harm.
Common Types of Medical Malpractice in Edmond, OK
Medical errors can occur at any stage of care and be committed by any type of medical professional. Medical malpractice comes in many forms, some more serious than others. These errors can occur during surgery, diagnosis, or treatment. The following are common ways medical negligence can occur in Edmond, Oklahoma.
A delayed or missed diagnosis can cause life-changing harm to a patient. Medical negligence can arise in many ways involving diagnosis.
Misdiagnosis occurs when the physician does not correctly diagnose the patient’s illness or condition.
Sometimes a patient is told there is nothing wrong with them, or they are misdiagnosed with the wrong condition. This prevents the patient from receiving prompt treatment, which can worsen their condition.
Delayed diagnosis happens when the correct diagnosis is reached after an initial misdiagnosis. This can cause the patient’s condition to deteriorate.
Diagnostic mistakes can also involve:
- Ignoring or misinterpreting the patient’s medical history
- Failing to order lab or diagnostic tests
- Communication errors between providers
- Misinterpreting test results
- Lack of follow-up after testing
- Failing to refer a patient to a specialist
These types of diagnostic mistakes account for about one-quarter of all medical malpractice cases.
Every year, an estimated 4,000 surgical mistakes happen in the United States. These surgical errors can cause life-changing complications, the need for revision surgery, or worsening health.
The National Quality Forum (NQF) classifies surgical errors as “never events” which should never occur because they have very serious consequences and can be prevented easily. Surgical mistakes can happen in many ways:
- Nerve damage
- Anesthesia mistakes
- Wrong-site incisions
- Wrong-site surgery
- Wrong-patient surgery
- Leaving surgical instruments inside a patient
- Perforating an organ or other avoidable surgical injuries like lacerations
About 75% of surgical mistakes happen during the actual surgery. The rest occur during post-op or before surgery.
Prescription Drug Errors
While medication is vital to manage chronic diseases and treat acute health conditions, prescription drug mistakes can be life-changing or fatal.
They are also very common and about 50% are preventable.
You may have a medical malpractice claim if a pharmacist, doctor, or anesthesiologist:
- Administered anesthesia incorrectly
- Failed to warn you about serious side effects
- Prescribed the incorrect dose or medication
- Failed to identify possible drug interactions
- Ignored risk factors or medical history that increased your risk for serious side effects
Sadly, seniors and children are most vulnerable to harm from prescription medication errors.
Among the most heartbreaking cases of medical malpractice are birth injuries which affect at least 2 out of every 1,000 live births. Sometimes birth injuries are completely unavoidable, but many are the result of negligence during pregnancy, labor, and delivery.
There are many ways in which medical malpractice can lead to a life-changing birth injury. Common examples include:
- Failing to identify and/or treat maternal risk factors like gestational diabetes
- Anesthesia mistakes
- Failing to diagnose serious birth defects
- Injuries caused by unreasonably long labor or delivery caused by neglect or error
- Insufficient postpartum care
- Injuries to the infant such as cerebral palsy
- Surgical mistakes during a C-section
- Placental abruption or placenta previa
Contact an experienced medical malpractice lawyer in Edmond, OK if you or your child suffered injuries during labor and delivery.
Proving an Edmond Medical Malpractice Claim
To successfully recover compensation, you must prove several elements of your case:
- There was an existing doctor-patient relationship,
- The medical provider was negligent and violated the standard of care,
- This negligence caused your injury, and
- Your injury led to damages.
In your case, the standard of care will be determined through medical experts who can testify that another physician with reasonable skill and care in a similar situation would have treated you differently and your injuries would have been avoided.
Oklahoma generally has an “affidavit of merit” requirement that applies to medical malpractice lawsuits. This means a medical expert’s testimony must be submitted to establish negligence. According to Oklahoma Statutes Section 12-19.1, this affidavit must be submitted with the initial compliant in which you swear that a qualified expert has reviewed your allegations and believes your case is “meritorious and based on good cause.”
Damages Available for Medical Malpractice
Medical negligence can result in life-changing complications and injuries that impact your ability to work, perform daily activities, and enjoy your hobbies. When your injuries are the result of negligence, you have the right to seek fair compensation.
Common types of damages available in an Oklahoma medical malpractice case include:
- Medical expenses. This includes future anticipated medical costs such as hospitalization, doctor visits, surgery, medical devices, and physical therapy.
- Lost wages for time you take off work to recover
- Reduced future earning capacity if disabled
- Mental anguish
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Note that Oklahoma law, damages you can recover through a medical malpractice claim are capped. Oklahoma Statutes Section 23-61.2, non-economic damages are capped at $350,000 unless your case involves wrongful death. The cap can also be lifted if a judge finds clear and convincing evidence the defendant acted with malice or intent to harm you, fraudulent intent, reckless disregard for others, or gross negligence.
Contact an Edmond Medical Malpractice Lawyer for Your Free Consultation
When you have trusted a medical provider to help you but you have been left with serious injuries instead as a result of their neglect, you deserve fair compensation to move on with your life. The Edmond medical malpractice lawyers at McGuire Law Firm are here to fight for you.
Contact our law office today to schedule a free case review with a compassionate medical malpractice lawyer who will help you explore your options and take the next steps. You pay nothing out of pocket and no attorney’s fees unless we recover for you.