Attorney at Graves McLain Injury Lawyers
Practice Areas: Car Accidents, Medical Malpractice, Vaccine Injuries
Medical malpractice isn’t just a legal term—it’s a real issue that affects thousands of patients each year. While many people trust their doctors, mistakes can happen. When those mistakes result in serious harm, patients and their families have the right to know about the available solutions.
In Oklahoma, medical malpractice claims require proof that A healthcare provider failed to satisfy a reasonable level of care, resulting in an injury. Injury as a result. This post explains what medical malpractice is, why it happens, and what legal grounds exist for bringing a claim.
“Medical errors are the third leading cause of death in the United States, according to researchers at Johns Hopkins.”
Source: BMJ 2016, Johns Hopkins study on medical error mortality rates
Medical malpractice occurs when a doctor, nurse, hospital, or other healthcare provider fails to act in a manner that a reasonably careful provider would under similar circumstances. This is known as the “standard of care.” If that failure leads to injury or worsens a condition, it could be malpractice.
Not every poor medical outcome qualifies. Some procedures carry risks even when done correctly. But when a provider’s mistake could have been avoided with better care, the law may recognize it as negligence.
Medical malpractice happens for many reasons. Some are human mistakes, while others stem from system failures inside hospitals or clinics.
These are some of the most common causes:
Errors can also arise from outdated equipment or improper hygiene procedures.
“Under Oklahoma law, patients typically have two years from the date of the injury—or the date they discover the injury—to file a medical malpractice lawsuit.”
Source: Oklahoma Statutes Title 76, Section 18
To bring a successful malpractice case in Oklahoma, you must prove four legal elements:
To prove medical malpractice, a plaintiff must show that the provider’s conduct fell below the accepted standard of care and directly caused injury.
These grounds form the basis of every medical negligence claim. Without all four, a case may not move forward.
In Oklahoma, there’s a strict time limit—called the statute of limitations—for filing a medical malpractice lawsuit. Most claims must be filed within two years from the date the injury occurred or was discovered.
Some exceptions may apply. For example, cases involving children or delayed symptoms may extend the deadline slightly. However, waiting too long can lead to your case being dismissed.
Oklahoma also uses a comparative negligence rule. This means your compensation may be reduced if you were partly at fault. If you’re found to be more than 50% responsible for your harm, you may not be eligible to recover damages.
Oklahoma follows a modified comparative negligence rule. If the patient is found more than 50% at fault, they may be barred from recovering compensation.
Additionally, Oklahoma law often requires expert testimony. This means a qualified medical professional must support your claim and explain how the provider failed to meet the proper standard of care.
Medical negligence can happen in many ways. Here are some real-world examples that may form the basis of a lawsuit:
These errors can lead to permanent disability, loss of function, or even death.
Type of Error | Example | Potential Consequences |
| Failure to Diagnose | Missed cancer diagnosis | Delayed treatment, worsened outcome |
| Surgical Mistake | Wrong-site surgery | Permanent injury, additional surgeries |
| Medication Error | Wrong dosage prescribed | Overdose, adverse drug reaction |
| Informed Consent Failure | No discussion of known risks | Patient undergoes risky procedure |
| Birth Injury | Delayed cesarean delivery | Brain damage, lifelong care needs |
If you believe a medical provider has harmed you, don’t delay. Here’s what to do:
Then, speak with an experienced medical malpractice attorney who can evaluate your situation. Not every poor result qualifies as malpractice but if it does, legal action may help you get the care and compensation you deserve.
If a doctor’s mistake caused a serious injury and could have been prevented by proper care, you may have legal grounds. A lawyer can review your case.
Most claims must be filed within two years from the date of the injury or the date of discovery. Some exceptions apply, especially in cases involving children.
Yes. Oklahoma allows the “discovery rule,” meaning the clock may start when you became aware of the injury—not when it happened.
Yes. Oklahoma law generally requires a medical expert to confirm that the provider failed to meet the standard of care that caused your injury.
You may be eligible for compensation for medical bills, lost wages, pain and suffering, and long-term care costs.
Medical malpractice can leave lasting damage—not just physically but emotionally and financially. If you believe a preventable medical mistake has impacted your life, understanding your legal rights is the first step forward.
While not every bad outcome results in a lawsuit, some do. A qualified medical malpractice lawyer can help you find out where your case stands and what recovery may be possible under Oklahoma law.
If you’re ready to explore your options, the team at Graves McLain Injury Lawyers is here to help. We’re based in Tulsa and understand the challenges families face after serious medical injuries. A free consultation can provide the clarity you need to move forward.
Please make an appointment for a free consultation with Graves McLain Injury Lawyers right now to find out how they can support your future.
When injury victims need a law firm with a reputation for excellence, turn to Graves McLain Injury Lawyers. We are a top-rated personal injury firm determined to be the best. With decades of award-winning representation, our clients recover the compensation they need to put their lives back together.
