Negligence, Standard of Care and Proving Medical Malpractice

by | Aug 5, 2019 | Law And Lawyers

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Medical malpractice is governed by the law of negligence. It might occur when a physician or other health care provider like a hospital, clinic, nurse or therapist deviates from an established standard of care and causes injury or death to a patient. The law of medical malpractice gives injured patients or their estates the ability to recover compensation for the damages that they have suffered.

Proving Medical Malpractice

The general rule is that for allegations of medical malpractice to be considered, three propositions must be proved:

  • There was a professional duty owed by a health care provider.
  • There was a breach of that duty.
  • That breach caused the patient to be damaged. Without damages, there can be no medical malpractice, no matter how gross of a deviation from the standard of care there was.

Some Examples

Medical malpractice can occur in a wide variety of settings. Here are a few specific examples of cases that our medical malpractice lawyers in Oklahoma City, OK, have seen:

  • A wrong diagnosis or failing to diagnose a disorder or disease
  • Medication errors like the wrong medication or wrong dosage
  • Leaving foreign objects or surgical equipment in a patient’s body
  • Operating on the wrong part of the body
  • Operating on the wrong patient

Practical Considerations

Only experienced and effective personal injury lawyers should represent clients in medical malpractice cases. The laws governing these cases are highly complex, and they’re also subject to strict time periods for filing appropriate lawsuits. Medical malpractice cases are also expensive to bring, so lawyers are highly selective about the cases on which they might agree to be retained. Some medical malpractice cases in Oklahoma settle before trial, and only a minority of the cases that go to trial have verdicts that are favorable to claimants.

If you believe that you have suffered severe injuries as a result of medical malpractice, or your family suffered a wrongful death of a loved one, contact us to arrange for a free consultation and case evaluation with our medical malpractice lawyers in Oklahoma City, OK. You’ll be listened to carefully, and you’ll receive the full benefit of our collective experience. Contact Little, Oliver & Gallagher PLLC for more information.