Polchinski & Smith Personal Injury Lawyers

Oklahoma’s Medical Malpractice Lawyers

Medical malpractice is an unfortunate reality that can have devastating consequences for patients. When healthcare professionals fail to meet the standard of care, resulting in injury or harm, victims are left grappling with the physical, emotional, and financial aftermath. At Polchinski & Smith Personal Injury Lawyers, we are committed to advocating for those injured by medical malpractice negligence, ensuring they receive the justice and compensation they deserve.

How Does Oklahoma Define Medical Malpractice Negligence?

Medical malpractice negligence occurs when a healthcare provider deviates from the accepted standard of care, causing harm to a patient. This negligence can manifest in various forms, including misdiagnosis, surgical errors, medication mistakes, and failure to provide appropriate treatment.

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Examples of Medical Malpractice Negligence

Understanding the different scenarios where medical malpractice negligence can occur is crucial for recognizing when you may have a case. Some common examples include:

  • Misdiagnosis or Delayed Diagnosis: Failing to correctly diagnose a condition or delaying a diagnosis can lead to improper or delayed treatment, exacerbating the patient’s condition.
  • Surgical Errors: Mistakes during surgery, such as operating on the wrong body part or leaving surgical instruments inside the patient, can result in severe complications.
  • Medication Errors: Prescribing the wrong medication or dosage can cause adverse reactions or fail to treat the patient’s condition effectively.
  • Birth Injuries: Negligence during childbirth can lead to injuries to both the mother and the newborn, including brain damage and physical disabilities.

Understanding Patient Rights

As a patient, you have the right to receive competent and professional medical care. When this standard is not met, and you suffer harm as a result, you are entitled to seek legal recourse. Knowing your rights is the first step toward holding negligent healthcare providers accountable.

Legal Recourse for Medical Malpractice

If you believe you have been a victim of medical malpractice, it is essential to act swiftly. Medical malpractice cases are complex and require thorough investigation and evidence collection. The following steps are crucial in pursuing a medical malpractice case:

  1. Consult a Medical Malpractice Lawyer: An experienced lawyer can evaluate your case, gather necessary evidence, and provide expert guidance throughout the legal process.
  2. Obtain Medical Records: Your medical records are critical evidence in proving malpractice. Ensure you have comprehensive documentation of your treatment history.
  3. Expert Testimony: Medical malpractice cases often require testimony from medical experts who can attest to the standard of care and how it was breached in your case.
  4. File a Claim: Your lawyer will help you file a formal claim within the statute of limitations, initiating the legal process to seek compensation for your injuries.

Oklahoma Medical Malpractice
Statute of Limitations

In Oklahoma, the statute of limitations for medical malpractice cases is generally two years from the date of the injury or from the date when the injury was or should have been discovered. It is crucial to be aware of this timeframe, as failing to file a claim within the statute of limitations can result in losing your right to seek compensation.

Exceptions to the Statute of Limitations

Certain circumstances may extend or toll the statute of limitations. For instance, if the malpractice involves a minor, the statute of limitations may be extended until the minor reaches adulthood. Consulting with a knowledgeable medical malpractice lawyer can help you understand how these exceptions may apply to your case.

Medical Malpractice Compensation

Victims of medical malpractice negligence may be entitled to various forms of compensation, including:

  • Medical Expenses: Reimbursement for past and future medical bills related to the malpractice.
  • Lost Wages: Compensation for income lost due to the inability to work as a result of the injury.
  • Pain and Suffering: Damages for the physical and emotional distress caused by the malpractice.
  • Punitive Damages: In cases of egregious negligence, punitive damages may be awarded to punish the responsible party and deter similar conduct.

Polchinski & Smith Will Never Back Down

P&S Partners

Navigating a medical malpractice case requires legal expertise and a thorough understanding of both medical and legal principles.

At Polchinski & Smith we will:

  • Evaluate Your Case: Determine the viability of your claim and advise you on the best course of action.
  • Gather Evidence: Collect medical records, expert testimonies, and other critical evidence to build a strong case.
  • Negotiate Settlements: Engage in negotiations with the opposing party to secure a fair settlement without the need for a lengthy trial.
  • Represent You in Court: If a settlement cannot be reached, your lawyer will advocate for you in court, presenting a compelling case to secure the compensation you deserve.

The Law Cowboys Are There For You

 If you or a loved one has been injured due to medical malpractice negligence, you do not have to navigate this challenging journey alone. At Polchinski & Smith Personal Injury Lawyers, we are dedicated to fighting for justice and ensuring our clients receive the maximum compensation for their suffering.

Our promise is simple: we have a no upfront fees commitment — you pay only when we win your case. Reach out to us today for a free strategy session and let us help you secure the justice and compensation you deserve.