Have you or a loved one sustained injuries because of the improper care or treatment by medical providers such as physicians, nurses, hospitals, psychologists, x-ray technicians or other medical professionals?
Generally, malpractice occurs when a physician fails to properly treat a medical condition and the negligent act or omission is the cause of a new or aggravated injury to the patient. Obviously the physician is not responsible for the original medical problem, and the physician does not guarantee results. However, the law does require the physician to guarantee that he will act in conformance with nationally recognized standards of treatment.
Because malpractice cases involve members of a profession, many of the issues are very complex. Malpractice has these three essential parts:
- it involves a person who has a duty of care toward others,
- a failure to exercise due care, and
- an injury or other financial damages caused by the failure of due care.
What is a medical malpractice/negligence case?
What is the time limit for asserting a medical negligence claim?
Are these cases difficult to prove?
How can I afford to sue a doctor?
What do I need to do to assist my attorney?
What type of compensation am I entitled to?
How long does it take to conclude my case?
What is a medical malpractice/negligence case?
Negligence in medical malpractice cases can occur in many situations including but not limited to:
- Delay or failure in diagnosing a disease
- A surgical or anesthesia related accident during an operation
- The physician's failure to gain the informed consent of the patient for an operation or surgical procedure
- A physician who has made the correct diagnosis, may thereafter commit malpractice by failing to properly treat the disease process
- Misuse of a medical device or implant
- Dispensing the wrong medicine or the wrong dose of medicine
- Improper reading of x-rays
- Transfusion errors
- The misdiagnosis of a life-threatening condition
- Surgery on the wrong limb
- Infections related to treatment
- Birth trauma
- Preventable suicide
- Restraint-related injuries
- Burns
- Falls
- Pressure ulcers
Every case must be evaluated on its own facts, however usually it is the medical professional's failure to follow accepted medical standards in treating a patient, and as a result the patient is damaged. A jury is instructed to decide from the evidence what a physician should, or should not, have done under the same or similar conditions based on the recognized standard of care applicable to such physicians. The attorney must show that the patient was damaged as a result of the hospital's, physician's, or nurse's careless act.
You should consult an attorney if you believe you received substandard care because there are many types of medical malpractice. For example, "Failure To Obtain Informed Consent" is a type of medical negligence case. Oklahoma also recognizes the "loss of chance doctrine." The loss-of-chance doctrine is an alternative method of proving responsibility for a patient's injury when the normal basis of damage is impossible to prove.
It is possible but unlikely. About ninety percent of all physicians in Oklahoma are insured by (and with) Physicians Liability Insurance Company (PLICO). PLICO is owned an operated by the very physicians it insures. Malpractice premiums are claims based premiums (more claims - higher premiums). Therefore, it is hard to have a physician testify against another when he knows that it will most likely raise his premium rates. This does not mean that you cannot or should not discuss the type of care that you received from the offending doctor with your current doctor. You may get a pleasant surprise and the physician may indeed agree to get involved and support you.
What is the time limit for asserting a medical negligence claim?
Generally, a lawsuit for damages for injury or death against any physician, health care provider or hospital licensed in Oklahoma, arising out of patient care, must be brought within two (2) years of the date the plaintiff knew or should have known of the existence of the death, injury or condition complained of. The facts in your case may dictate a shorter time limitation so you should always contact an attorney to verify the particular time limitation for your case.
Are these cases difficult to prove?
Most of these cases are very costly and difficult to prove because of the lack of cooperation the injured person gets from the medical profession in Oklahoma. Often, attorneys are forced to use physicians outside the state who are not insured by PLICO, which increases the costs in the case. The defense is also allowed to argue to the jury in most cases that the injured party retained an "out of state hired gun" to testify. Counsel will make statements like "there are many physicians in this state" that could have testified, but none will appear. Physicians have very powerful political influence. Because of this, the Oklahoma legislature has made it illegal for the injured party to tell the jury how PLICO affects the injured person's ability to get a local physician to testify. Despite these facts, we have outstanding success in medical malpractice cases.
Ordinarily, expert testimony is necessary to establish that the physician was negligent, since the patient doesn't have the necessary medical training to testify about that. However, when a physician's lack of care only requires common knowledge and experience, expert testimony is not required to establish malpractice. For example: if a physician amputates the wrong leg, etc.
How can I afford to sue a doctor?
In most attorney/client agreements, Ryan Bisher Ryan agrees to advance all expense costs and to work on a contingent fee basis, that means the attorney would receive a percentage of the total money recovered on the case only if the attorney is able to win compensation on the client's behalf. No recovery, no attorney fees.
What do I need to do to assist my attorney?
Medical Malpractice cases are, by their very nature, complex cases. They are expensive to pursue, have a high risk of no recovery, and are often intimately personal to the client. To help your attorney in the preparation and evaluation of such a case be open and honest with your attorney. What he does not know will hurt you in the long run. During the first meeting, the attorney will ask you to fill out a detailed medical history and get the names of all physicians and hospitals who have treated you. It is valuable for a client to prepare a written summary (timeline) of all medical treatment including dates, doctors, symptoms, conversations with medical providers, and treatment received so they can supply this information to the attorney. If you have copies of your medical records bring them to the attorney. In many medical malpractice cases, proof of negligence is found in these records.
What type of compensation am I entitled to?
You are entitled to be compensated for the following types of damage (depending on the circumstances of the case, there may be other types of damages in addition to these):
- Physical pain and suffering, present, past and future
- Mental pain and suffering, past, present and future
- Permanent disability
- Disfigurement
- Loss of earning capacity
- Lost wages
- Medical expenses present, past and future
- Possibly punitive damages
It is up to the jury to determine the total amount of your award.
How long does it take to conclude my case?
Because malpractice cases involve members of a profession, many of the issues that arise are very complex. When an automobile driver runs a red light or speeds, the driver clearly has created a danger for other people on the highway and will be held responsible if the dangerous driving results in an accident. In many malpractice cases, however, it is not as clear what the exercise of due care means. There are often several accepted ways to treat a patient.
In most malpractice cases the records have to be requested from the various medical providers, reviewed by the attorney, research and interviews will be conducted and then an expert in the field may have be located to review the records. It is sometimes difficult to prove whether the actions of the physician actually caused the injury to the patient. A patient's health may have gotten worse even without inadequate care. The injured person in a malpractice case must prove that the injury would not have happened if the physician had not treated him improperly. Gathering this proof takes a great deal of time, effort and expense. As a result, these cases usually take a great deal longer to prosecute than other types of cases. It is not uncommon for such a case to take 18 to 22 months to be resolved although some are settled sooner and some may take longer.
If you or your family members have been injured by the negligence of a medical professional, call the Oklahoma City or Tulsa offices of Ryan Bisher Ryan. Let us use our knowledge, experience and resources to compel responsibility for your injuries. We understand that it may be impossible to completely restore the damage and loss, but we will vigorously pursue a verdict which will compensate you to the full extent of the law. There is no charge for discussing your situation with us.
