Medical Malpractice

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 attention and care. Unfortunately, this does not always happen. Far too often, doctors, nurses, hospitals, and other medical providers fail to provide patients with even 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 fighting on behalf of 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 medical malpractice lawyer, turn to the decades of experience at Brewster & De Angelis.

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If you believe your injuries or your loved one’s death was the result of a preventable medical error, call (918) 265-1214 for 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 the 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:

  • Medical expenses
  • Lost income/wages
  • Pain and suffering
  • Lost earning capacity
  • Future medical care costs and lost earnings
  • Disfigurement
  • Miscellaneous expenses associated with your injuries
  • Funeral/burial costs
  • Loss of a loved one’s support
  • Loss of a loved one’s guidance, counsel, love, etc.

Oklahoma is one of several states that have a cap, or limit, on non-economic damages in medical malpractice cases. Non-economic damages are those that do not have a set monetary value, such as pain and suffering or emotional distress.

What Are 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?

How to find a medical malpractice attorney 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 specialize in medical malpractice law and have experience handling 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 lawyers 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:

  • Nurses
  • Certified nurse assistants
  • Anesthesiologists
  • Medical technicians
  • Hospital administrators
  • Hospital staff and personnel
  • Pharmacists

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.

In the instance that 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 you injury or illness.

How Long Do You Have to File?

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/reasonably could have been discovered. It is important that you do not wait until it is too late; if the statute of limitations expires, you will almost certainly lose your right to sue for damages.

Get in touch with 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

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

Oklahoma places caps on noneconomic damages, such as pain and suffering, at $350,000. However, there are exceptions to this cap in cases involving reckless disregard or intentional misconduct.

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

If you or a loved one has suffered due to medical malpractice, don’t wait to seek help. Contact the experienced Tulsa medical malpractice attorneys at Brewster & De Angelis today for a confidential consultation. We are here to fight for your rights and ensure you receive the justice and compensation you deserve.

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 an Attorney: A medical malpractice attorney can review your situation, gather evidence, and advise you on your legal options.

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.

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.

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.

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.

Proven Results & Success

Hear From Our Past Clients
    "We are so grateful to the team at Brewster & DeAngelis."
    When we came to Brewster & DeAngelis, we had no idea what we wanted or what we were doing. We were broken and grieving and trying to make sense of a senseless situation, and Guy, Monty, Clark… the entire office, really, starting with the front desk… stepped in and took the burden off our shoulders. We didn’t have to worry about what we were doing or what we wanted anymore because they took the lead in a compassionate and efficient manner- they truly cared about helping our family and they didn’t ask us to carry any additional burdens- they took time to discover what we didn’t know we needed and they took care of business. They also made sure to address all of our needs outside of a “typical” legal experience by encouraging and facilitating our advocacy and educational awareness. We never wanted to need an attorney, but when we did, we were blessed to find amazing friends and supporters. We are so grateful to the team at Brewster & DeAngelis.
    - Cassie F.
    "Brewster & De Angelis Law Offices is truly remarkable."
    From the moment I reached out to them, their commitment to ethical standards and unwavering support shone through. Their dedication to doing what's right not only instilled confidence in their legal expertise but also made me feel genuinely cared for. Throughout my case, their kindness and support made a significant difference, making a challenging situation feel more manageable. I couldn't recommend Brewster & De Angelis Law Offices highly enough for their exceptional ethics and compassionate approach.
    - Christina F.
    "There are no words for how grateful I am to the entire Brewster & De Angelis team and how hard they worked to get justice for my son, Gavin, after 4 long years."
    There are no words for how grateful I am to the entire Brewster & De Angelis team and how hard they worked to get justice for my son, Gavin, after 4 long years. I sat in the court room for seven days and saw how hard each and everyone worked and the fight they put in each time they got up. I saw how much they cared. I strongly believe if it was not for this team, I would not have gotten justice for Gavin in his medical negligence case. I will forever be thankful.
    - Krystal B.
    "I will forever be grateful to the zealous lawyering and selfless generosity of this extraordinary law firm."
    My family and I are so grateful for the countless hours and all the hard work that each attorney and staff member of Brewster & De Angelis devoted over several years in the pursuit of justice. Clark Brewster and Katie Arnold McDaniel took the time to discover what no other person - not my previous defense attorney, the district attorney, or the Court - took the time to find. The erroneous cancelation of my driver’s license was the product of a court clerk’s mistake. What an amazing team! I will forever be grateful to the zealous lawyering and selfless generosity of this extraordinary law firm.
    - Stephen J.
    "Five stars!"
    Five stars! Katie is one amazingly smart cookie! Once she enters the room, you know you're in good hands! Also, probably best not to get on her bad side, you'll lose!
    - Brandon M.
    "I cannot recommend better advocates than the Brewster & DeAngelis Team."
    The office staff is polite, competent, and caring. Mr. Brewster and Mr. Fortney were generous with their time, giving detailed and informative advice. Katie Arnold McDaniel is a star. She has counseled me through various case types. Her ability to quickly understand information relevant to a dispute, analyze the issues, and find the means to resolve them is amazing to watch. Katie is a fierce advocate, compassionate, and trustworthy. She timely communicates and will do what she says she will do. I highly recommend this law firm.
    - Mallory M.
    "Mbilike is the most ethical and honest attorney around and his work ethics are top notch. Thank you Mbilike"
    Mbilike with Brewster & De Angelis represented me as a defendant in a case in Claremore Oklahoma. we went through 2.5 years of discovery, depositions and on into trial. His work was excellent and stood up to everything that the opposing council threw at us. The judge was obviously impressed by his writings and responses as well. We won on every account, and did not even argue our case after the plaintiff rested, as we knew the judge had all the information needed from the plaintiffs argument. this was a long arduous suit by some really unethical people and Mbilike put it on without a hitch and received a big win. Mbilike is the most ethical and honest attorney around and his work ethics are top notch. Thank you Mbilike
    - Jim C.
    "We will be forever grateful to them for giving us a chance to live again, following the single worst day of our lives."
    Jennifer and her team have been invaluable in helping us navigate life following my father's injury. The negligence of medical "professionals" left our family broken and afraid. Without the assistance of this wonderful team, we would not have ever recovered. They advised us, listened to us, supported us, and fought for us when no one else would. We will be forever grateful to them for giving us a chance to live again, following the single worst day of our lives.
    - Jessica M.

What Sets Brewster & De Angelis Apart?

  • Available & Responsive
    The attorneys at Brewster & De Angelis are always available to provide you with updates and answer questions regarding your case. At the end of the day, we work for you and pride ourselves on being available regardless of the situation.
  • Focused On Your Best Interests
    When going through a legal matter, things can seem scary and uncontrollable. Our team works to refine the legal process in order to ensure you not only understand exactly what is going on, but also that your goals and interests are taken into account with every decision.
  • Collaborative Legal Strategies
    Unlike other law firms, we handle a small number of cases so that our team can focus on getting you results. When it is time to get ready for trial, you can be assured that our full team of litigators has convened to get you the best possible outcome.
  • Dedicated & Trusted Counsel
    At Brewster & De Angelis we have the top litigators in Tulsa, Oklahoma and we have been serving our community for over forty years, giving us the tools and knowledge to aggressively and effectively handle your case.
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