How do I know if I have a medical malpractice case?

A medical malpractice case requires four elements: (1) a doctor-patient relationship establishing a duty of care, (2) the provider's care fell below the accepted standard of care for their specialty, (3) that breach caused your injury, and (4) you suffered measurable damages. The standard of care is what a reasonably competent provider in the same specialty would have done under similar circumstances. We offer free case reviews with medical expert input.

What is the statute of limitations for medical malpractice in Oklahoma?

Two years from the date you knew, or through reasonable diligence should have known, of the injury or condition, under 76 O.S. § 18. For a minor, the deadline is different and does not simply run until age 18: under 12 O.S. § 96, a child under 12 generally has until a parent or guardian sues within seven years of the injury itself, and a minor 12 or older generally has one year after turning 18, but not less than two years from the injury. The discovery rule can be complex, so contact us immediately so we can evaluate your specific deadline.

Do I need a medical expert to file a malpractice case?

Yes. Oklahoma requires an affidavit of merit from a qualified medical expert at the time of filing, certifying that the care fell below the standard of care and caused injury. We work with a network of medical experts across specialties to evaluate your case and provide the required affidavit.

What types of medical malpractice does Colton Richardson handle?

Surgical errors (wrong site, retained instruments, anesthesia errors); misdiagnosis and delayed diagnosis of cancer, heart attacks, and strokes; birth injuries including cerebral palsy and Erb's palsy; medication errors; failure to monitor; emergency room errors; and nursing home negligence.

Are there caps on medical malpractice damages in Oklahoma?

There is no cap on economic damages (medical bills, lost wages, future care costs). For injuries occurring on or after September 1, 2025, non-economic damages (pain and suffering) are generally limited to $500,000 under 23 O.S. § 61.3, the same general limitation that applies to other bodily-injury cases. That limit does not apply if the injury is permanent and severe, or if the provider's conduct is found by clear and convincing evidence to be reckless, grossly negligent, fraudulent, or intentional and malicious, in which case there is no cap. Punitive damages may also be available in cases of reckless or intentional conduct. Different rules can apply to injuries that occurred before September 1, 2025.

Can I sue a hospital for malpractice?

Yes. Hospitals can be liable for the negligence of their employees (nurses, technicians, residents) under respondeat superior, and for their own negligence in credentialing, staffing, and maintaining equipment. Even if a doctor is an independent contractor, the hospital may be liable if it held the doctor out as its employee.

What if the doctor says the bad outcome was a known risk?

Known risks are not the same as malpractice, but if the provider failed to obtain informed consent (i.e., failed to disclose the risk so you could make an informed decision), that is a separate basis for liability. We evaluate both the standard of care and the informed consent issues.

How long do medical malpractice cases take?

Medical malpractice cases are complex and typically take 2–4 years to resolve. They require extensive expert discovery, depositions of treating providers, and often trial. We keep you informed at every stage and never pressure you to accept a low offer.

How much does it cost to pursue a medical malpractice case?

We handle medical malpractice cases on a contingency fee basis: you pay nothing unless we win. We advance all costs including expert fees, which can be substantial in malpractice cases. If we do not recover for you, you owe us nothing.

Tulsa, Oklahoma

Tulsa Medical Malpractice Attorney

Holding healthcare providers accountable when medical negligence causes serious harm.

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Serving All of Oklahoma

Tulsa Medical Malpractice Attorney: What You Need to Know

When a Tulsa doctor, surgeon, or hospital fails to meet the standard of care and you are harmed as a result, you deserve an attorney who will take on the healthcare system. Colton Richardson handles medical malpractice cases in Tulsa with the expert resources and tenacity these complex cases require.

Medical malpractice cases in Tulsa may involve Saint Francis Hospital, Hillcrest Medical Center, OSU Medical Center, or any of the many medical practices throughout Tulsa County. Cases are filed in Tulsa County District Court or, in some circumstances, federal court.

About Medical Malpractice Cases in Oklahoma

Medical malpractice occurs when a doctor, hospital, or other healthcare provider fails to meet the accepted standard of care and a patient is harmed as a result. These are among the most complex personal injury cases: they require medical expert testimony, extensive record review, and an attorney willing to take on powerful healthcare institutions.

How Colton Richardson Helps

Obtain and review all medical records with expert physicians
Identify the specific deviation from the standard of care
Retain qualified medical expert witnesses
Calculate the full extent of damages including future care costs
Fight hospital systems and their insurers for full accountability

What to Do After a Medical Malpractice Attorney in Tulsa

Request all medical records immediately

You have the right to your complete medical records. Request them as soon as possible, because they are the foundation of your case.

Do not sign any releases from the hospital or doctor

Do not sign anything from the healthcare provider or their insurer without consulting an attorney first.

Document your injuries and ongoing symptoms

Keep a detailed journal of symptoms, limitations, and how the injury affects your daily life.

Call Colton Richardson for a free case review

Medical malpractice cases require early expert review. We evaluate cases at no cost.

Common Causes of Medical Malpractice in Oklahoma

Surgical errors and wrong-site surgery

Misdiagnosis and delayed diagnosis of cancer or serious conditions

Medication errors and anesthesia mistakes

Birth injuries and obstetric negligence

Failure to order appropriate tests

Hospital-acquired infections from negligent care

Oklahoma Law & Your Rights

Oklahoma medical malpractice claims generally must be filed within two years of the date the patient knew, or through reasonable diligence should have known, of the death, injury, or condition complained of, under 76 O.S. § 18. Minority or incompetency can extend this deadline. Oklahoma requires expert testimony to establish the standard of care and how it was breached. Economic damages like medical bills and lost wages are never capped. For injuries occurring on or after September 1, 2025, non-economic damages are generally limited to $500,000 under 23 O.S. § 61.3, subject to exceptions for permanent, severe injury or especially egregious conduct.

Why Choose Colton Richardson

Medical malpractice cases are the most complex in personal injury law. Colton Richardson has the medical expert network and litigation experience to take on Tulsa's largest healthcare systems.

Frequently Asked Questions

Local Resources & Courts

Tulsa County District Court, Saint Francis Hospital, Hillcrest Medical Center, OSU Medical Center

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Why Choose Colton

3rd generation trial lawyer
$40M+ recovered for clients
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Statewide representation

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