Tulsa Medical Malpractice Attorneys

Medical Malpractice & Negligence in Oklahoma

When you visit the doctor or go to the emergency room, you expect to receive the highest level of care. Unfortunately, this does not always happen. Far too often, doctors, nurses, hospitals, and other medical providers fail to provide patients with an acceptable standard of care, leading to serious complications, catastrophic injuries, and death.

If you or someone you love has been harmed by a trusted medical provider's negligence, you could be entitled to financial compensation. While no amount of compensation can undo the pain and suffering you have been through, a fair settlement or verdict can allow you to manage unexpected medical expenses, lost income, and other hardships caused by your injuries or loved one's death.

Since 1983, Brewster & De Angelis has been advocating for medical malpractice victims in Tulsa, Oklahoma City, and statewide. We have successfully recovered significant results in high-profile cases involving diagnostic errors, birth injuries, pharmaceutical liability, surgical errors, and more. When you need a Tulsa medical malpractice lawyer, turn to the decades of experience at Brewster & De Angelis.

On This Page:

• What is Medical Malpractice?
• What Are Some Examples of Medical Malpractice?
• How Do You Prove Medical Malpractice?
• What Are the Damages in Medical Malpractice Cases?
• What Are the Signs of Medical Malpractice?
• How Can I Find a Medical Malpractice Lawyer?
• When Is the Hospital Responsible for My Oklahoma Medical Malpractice Injury?
• How Long Do You Have to File?

If you believe your injuries or your loved one's death was the result of a preventable medical error, call (918) 265-1214 to schedule a free consultation with our Tulsa medical malpractice attorneys.

What Is Medical Malpractice?

Medical malpractice occurs when a doctor, nurse, surgeon, hospital, or similar medical professional or facility fails to uphold what is known as the “standard of care.” The standard of care is the level of care a patient can reasonably expect from any qualified medical provider in specific circumstances. For example, someone who visits the doctor with a skin rash can reasonably expect the doctor to examine the rash, provide an accurate diagnosis, and prescribe medication (if necessary). If the doctor cannot identify the rash, the patient can expect to be referred to a specialist, such as a dermatologist.

Similarly, if someone goes to the emergency room with symptoms of a heart attack, they can reasonably expect to receive prompt treatment, as well as various diagnostic tests to confirm the heart attack before receiving care.

When medical providers fail to uphold the standard of care, patients can suffer serious health complications or injuries. Sometimes, substandard medical care and preventable medical errors can even lead to death. It is important to note, however, that merely seeing a doctor and failing to get better (or even having your condition worsen) is not necessarily a sign of malpractice. Instead, you must prove that the doctor failed to act in a way that another qualified medical professional would have in the same or similar circumstances.

What Are some Examples of Medical Malpractice?

Some of the most common examples of medical malpractice, negligence, and preventable errors include:

At Brewster & De Angelis, our Tulsa medical malpractice attorneys have represented victims of all types of medical negligence, as well as the families of those who tragically passed away due to preventable medical errors. If you believe that you or someone you love suffered because of a medical provider's error or negligence, reach out to our firm right away to learn how we can help.

How Do You Prove Medical Malpractice?

Proving a medical malpractice case can be extremely difficult without the help of an experienced and knowledgeable attorney. These cases are notoriously complex and often require the testimony of expert witnesses, as well as extensive supporting evidence.

To prove a medical malpractice case, there are several elements that you, as the plaintiff, must prove. These elements include:

• Duty of Care: You must establish that the medical provider had a duty to provide care. Typically, this is done by proving the existence of a “doctor-patient” relationship.
• Standard of Care: You must also establish the standard of care in the given circumstances. This is often done through the use of expert witness testimony.
• Breach of the Standard of Care: You will need to prove that the medical provider breached the accepted standard of care, whether through preventable error, negligence, or misconduct.
• Injury: You must prove that you were injured or suffered measurable harm. Even if the medical provider breached the standard of care, you do not have a case unless you were harmed.
• Causation: Lastly, you must prove that the breach of the standard of care was the cause of your injuries/damages. This can be difficult to prove, depending on the specifics of your case.

At Brewster & De Angelis, we believe in a collaborative approach to litigation, one that utilizes the unique experience and skills of each individual attorney. Each of our clients receives access to the full resources of our firm, as well as the direct and personalized attention of a knowledgeable, compassionate, and respected legal team.

What Are The Damages in Medical Malpractice Cases?

When you file a medical malpractice claim, you can seek compensation for the following types of damages:

Recognizing the Signs of Medical Malpractice

The signs of medical malpractice can be difficult to identify on your own. If you or a loved one has suffered due to a medical provider's negligence or preventable error, it is important to seek experienced medical malpractice attorneys right away. Some of the signs that may indicate medical malpractice include:

• You were given an incorrect diagnosis or no diagnosis at all
• Your doctor failed to inform you of risks associated with a procedure
• Your doctor failed to follow information from another healthcare provider
• A surgical instrument was left in your body after surgery
• You have suffered complications not listed as possible side effects for a medication or procedure
• You underwent the wrong procedure entirely

How Can I Find a Medical Malpractice Lawyer?

Finding a qualified medical malpractice lawyer is a process that will vary depending on your individual situation. However, there are a few steps you can take to ensure you find the best attorney for your case.

First, be sure to research all of your options thoroughly. Look for attorneys who have handled medical malpractice cases similar to yours. Reviews from previous clients are a great way to get an idea of how knowledgeable and successful they may be in handling your case.

Second, consider interviewing several Tulsa medical malpractice attorneys before making a decision. This will give you the opportunity to discuss your case directly with each lawyer, learn more about their qualifications and background, and get an idea of how confident they feel about taking on your case and obtaining fair compensation for you.

When Is the Hospital Responsible for My Oklahoma Medical Malpractice Injury?

Under Oklahoma law, hospitals have a legal responsibility to provide medical care that meets an acceptable standard of care. If the hospital fails to uphold this standard and you suffer an injury or illness as a result, then you may be able to pursue compensation for your resulting damages through a medical malpractice claim.

The most common situation in which a hospital could potentially be held liable for medical malpractice is when the negligence of any number of its employees or staff led directly to your injury or illness. These employees may include:

In general, hospitals cannot be held liable for the actions of their independent contractors. In many cases, doctors are independent contractors and not hospital employees. However, if the hospital should have known that a doctor at their facility was unfit to treat patients, then the hospital could be considered liable for any harm that doctor causes.

If a doctor is a hospital employee, then the hospital may be held responsible for that doctor's medical negligence. This includes medical errors such as:

• Failing to properly diagnose and treat an illness,
• Issuing improper medications,
• Failing to maintain appropriate hygiene standards,
• Not responding promptly and appropriately during an emergency situation, or
• Not providing adequate aftercare.

The circumstances under which a hospital may be sued for medical malpractice are complex and confusing. Consulting a medical malpractice law firm can help ensure that you understand your rights, and help you hold the proper parties liable for your injury or illness.

Oklahoma Statute of Limitations for Medical Malpractice Cases

You Only Have Two Years to File a Medical Malpractice Lawsuit

The statute of limitations, or filing deadline, for medical malpractice lawsuits in Oklahoma is two years from the date of injury or the date on which the injury was discovered or reasonably could have been discovered. It's important not to wait until it is too late; if the statute of limitations expires, you will almost certainly lose your right to sue for damages.

Consider seeking legal advice even if you're unsure about the malpractice claim. Early consultation can help you understand the implications of the statute and prepare your claim in a timely manner. Evaluating evidence and gathering documentation beforehand may also streamline the legal process, securing your claim's viability.

Contact our Tulsa medical malpractice lawyers right away to learn how we can help you fight for the justice you deserve. For over forty years, we have successfully represented individuals and families throughout Oklahoma in complex, high-profile medical malpractice and negligence cases. Our team is ready to fight for you.

Oklahoma Medical Malpractice Laws & Regulations

Understanding Oklahoma’s laws regarding medical malpractice is crucial when pursuing a claim.

Standard of Care

To prove medical malpractice, it must be shown that the healthcare provider’s actions deviated from the standard of care expected in their field, directly causing harm to the patient. 

Damage Caps

As of 2019, Oklahoma no longer places a cap on non-economic damages, such as pain and suffering, in medical malpractice cases. The Oklahoma Supreme Court ruled that the previous $350,000 limit was unconstitutional. This means plaintiffs can now seek the full amount of compensation they are entitled to for non-economic losses, without restriction. There are no longer exceptions required for cases involving reckless disregard or intentional misconduct—the cap has been entirely removed.

Understanding Your Rights: Patient Advocacy in Tulsa

Medical negligence can leave victims feeling helpless and overwhelmed. At Brewster & De Angelis, we believe that understanding your rights is crucial to navigating the complexities of medical malpractice cases. Patient advocacy is not just about seeking compensation; it’s about ensuring that your voice is heard and that accountability is upheld in the healthcare system.

Here are some key aspects of patient advocacy that can empower you during this challenging time:

• Knowledge is Power: Familiarize yourself with your rights as a patient. This includes understanding informed consent, the right to receive quality care, and the ability to seek a second opinion.
• Document Everything: Keep detailed records of your medical treatments, conversations with healthcare providers, and any symptoms or changes in your condition. This documentation can be vital in building your case.
• Emotional Support: Seeking legal help is just one part of the process. It’s essential to have a support system in place, whether through family, friends, or professional counseling, to help you cope with the emotional aftermath of medical negligence.
• Community Resources: Explore local and national organizations that advocate for patients’ rights. These resources can provide valuable information and support as you navigate your situation.

At Brewster & De Angelis, our dedicated team is here to guide you through every step of the legal process, ensuring that you are not only informed but also empowered to fight for the justice you deserve. Don’t hesitate to reach out to us for a consultation and take the first step toward reclaiming your rights.

Why Choose Brewster & De Angelis?

1. Experience and Knowledge: Our Tulsa medical malpractice attorneys have a proven track record of handling complex medical malpractice cases.
2. Client-Centered Approach: We prioritize our clients’ well-being, keeping you informed and involved throughout the legal process.
3. Commitment to Justice: We are passionate about holding negligent healthcare providers accountable and securing fair outcomes for our clients.
4. Proven Results: We’ve recovered significant verdicts and settlements for clients in Oklahoma medical malpractice cases.

Contact Our Tulsa Medical Malpractice Lawyers

Call our office at (918) 265-1214 or contact us using our secure online contact form. Your initial consultation is free, and there are no attorney fees unless we win your case. 

Medical Malpractice FAQs

What Should I Do If I Suspect Medical Malpractice?

If you suspect medical malpractice:

• Seek Medical Attention: Address any immediate health concerns caused by the negligence.
• Obtain Your Medical Records: These records are essential for evaluating your case.
• Consult a Medical Malpractice Lawyer Near Me: A medical malpractice lawyer can review your situation, gather evidence, and advise you on your legal options.

Vigilance is key in potential medical malpractice scenarios. Consulting a lawyer promptly can help preserve time-sensitive details and enhance your ability to litigate successfully. Additionally, be transparent with your current healthcare providers as it ensures alignment in addressing your ongoing medical needs.

What Challenges Are Unique to Medical Malpractice Cases?

Medical malpractice cases often involve:

• Complex Evidence: Medical records, expert testimony, and technical data are critical.
• High Burden of Proof: You must prove negligence and its direct impact on your injury.
• Strong Defense Teams: Hospitals and insurers often have skilled legal teams to contest claims.
  Working with an experienced attorney is essential to overcome these challenges.

Understanding these hurdles in-depth enables a more strategic approach to litigation. Adequate preparation involves dissecting medical histories meticulously and collaborating with multi-disciplinary experts who can reinforce the validity of your claims, making you resilient against aggressive defenses.

Can I Sue For Medical Malpractice If I Signed a Consent Form?

Yes. Signing a consent form does not absolve a healthcare provider of their responsibility to meet the standard of care. For example, a consent form cannot excuse negligence during surgery or misdiagnosis.

Consent forms are designed to ensure patients are informed of potential risks, not to serve as legal shields against accountability. Thus, even with a consent form, the patient's expectation of safe and competent care remains intact. Proper documentation and comprehension of the consent provided can significantly improve the clarity of your claim.

What Is the Role of Expert Witnesses in Medical Malpractice Cases?

Expert witnesses are crucial in medical malpractice cases to:

• Establish the Standard of Care: Define what a competent provider should have done under the circumstances.
• Explain Medical Complexities: Help the jury understand technical details.
• Validate Your Claims: Confirm how the provider's negligence caused your injury.

These witnesses typically hold significant professional qualifications, allowing them to provide authoritative insights that resonate with juries. Their testimonies clarify intricate medical details and bolster the credibility of the claims presented.

Can I File a Claim Against a Hospital, Not Just a Doctor?

Yes. Hospitals can be held liable for medical malpractice if:

• They employed the negligent provider.
• They failed to maintain safe facilities or equipment.
• They engaged in negligent hiring or supervision practices.

Holding institutions accountable often involves a thorough investigation into their operational protocols, safety standards, and employment records. Effective legal assessment may uncover systemic issues contributing to malpractice, thereby enforcing broader institutional responsibility.