We trust doctors and hospitals with our most precious possession — our health. When that trust is violated through negligence, the consequences can be devastating and permanent. Medical malpractice is one of the most complex areas of personal injury law, but it is also one of the most important. Medical errors are estimated to cause hundreds of thousands of deaths in the United States each year, making them one of the leading causes of preventable death.
If you believe you or a loved one was harmed by a healthcare provider's negligence in Oklahoma, here is what you need to know.
What Constitutes Medical Malpractice in Oklahoma?
Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care — the level of skill and care that a reasonably competent medical professional with similar training and experience would provide under the same circumstances — and that failure causes harm to the patient.
Common types of medical malpractice claims in Oklahoma include:
- Misdiagnosis or delayed diagnosis — failing to correctly identify a condition, or taking too long to do so, allowing it to progress to a more serious stage
- Surgical errors — operating on the wrong site, leaving instruments inside the body, or performing unnecessary surgery
- Medication errors — prescribing the wrong drug, the wrong dose, or failing to account for dangerous drug interactions
- Birth injuries — injuries to mother or baby caused by negligent prenatal care or delivery
- Anesthesia errors — administering too much or too little anesthesia, or failing to monitor the patient properly
- Failure to obtain informed consent — performing a procedure without properly informing the patient of the risks
Proving a Medical Malpractice Case in Oklahoma
To succeed in a medical malpractice claim, you must prove four elements:
- Duty — a doctor-patient relationship existed, creating a duty of care
- Breach — the healthcare provider deviated from the accepted standard of care
- Causation — the breach directly caused your injury
- Damages — you suffered actual harm as a result
Medical malpractice cases require testimony from qualified medical experts who can explain to a jury exactly how the provider's actions fell below the standard of care. This is one reason these cases are expensive and complex — and why having an experienced attorney is essential.
Oklahoma's Statute of Limitations for Medical Malpractice
In Oklahoma, you generally have two years from the date of the negligent act to file a medical malpractice lawsuit. However, there is an important exception: the discovery rule allows the clock to start running from the date you discovered — or reasonably should have discovered — that you were harmed by malpractice. This is particularly relevant in cases of misdiagnosis, where the harm may not be apparent for months or years.
There is also an absolute cap: in most cases, you cannot file a medical malpractice claim more than seven years after the negligent act, regardless of when you discovered the harm.
Oklahoma's Cap on Medical Malpractice Damages
Oklahoma law caps non-economic damages (pain and suffering, emotional distress) in medical malpractice cases at $350,000. There is no cap on economic damages such as medical expenses and lost wages. In cases involving wrongful death or permanent disability, the cap may not apply.
Medical malpractice cases require significant resources and expertise. If you believe you were harmed by a healthcare provider's negligence in Oklahoma, call me at (918) 640-7383 for a free consultation. I will honestly assess your case and explain your options.