Exploring the Legal Process of Filing a Medical Malpractice Lawsuit in Oklahoma

Oklahoma has the highest rate of medical malpractice lawsuits per resident, revealing the complexities surrounding suspected negligence. However, only 2% of harmed patients file claims, defying assumptions.

Comparing Key Points

Could drastic, unexplained health declines mean medical malpractice occurred?

While complex, key signs of medical negligence include unexpected patient health changes without cause, severe errors in care, anomalies in records, or misdiagnoses impacting condition declines. Meticulously documenting all case details helps reveal if standards were breached, resulting in harm. Expert insights then confirm if malpractice transpired for proper dispute resolution.

Oklahoma leads the nation in the number of medical negligence  lawsuits per capita, based on a review of 30 years of U.S. Department of Health and Human Resources data. The analysis revealed over 1.41 million medical malpractice claims were filed nationwide, with 59,813 of these filed in 2019 alone. Oklahoma accounted for one lawsuit for every 3,573 residents. 

Despite common assumptions, only 2% of patients suffering from medical negligence file claims for compensation, dispelling the myth of frivolous cases.

Medical malpractice might seem like a complex concept, but it boils down to a few key signs:

• An unexpected or drastic change in a patient’s condition without a clear explanation
• The discovery of a severe medical error, like a surgical instrument left inside a patient after surgery
• Medical records show anomalies or irregularities might also hint at malpractice
• Situations, where a disease is misdiagnosed or diagnosed too late, could indicate a possible case of malpractice

Initial Steps: Reporting a Suspected Case of Medical Malpractice

When suspicions of medical malpractice arise, initial steps involve careful documentation and communication:

• Jot down details about the suspected incident – dates, medical conditions, treatments, names of medical professionals involved, resulting health complications
• Medical records serve as a comprehensive account of what happened
• Discuss the issue with the involved medical professional, provides a chance for clarification or resolution
• If not resolved, report the matter to the relevant medical licensing board. Boards can issue warnings or disciplinary actions.

Remember the statute of limitations – cases must begin within a specific timeframe

Understanding the Pre-action Protocols in Medical Malpractice Lawsuits

Before a medical malpractice lawsuit officially begins, several pre-action protocols must be followed. These steps are designed to clarify the issues in dispute and, if possible, find a resolution without going to court:

• The process begins with a Letter of Claim outlining:
  • The alleged negligent act
  • The resulting harm
• The defendant sends a Letter of Response:
  • Admitting liability
  • Or disputing the claims
• If liability admitted, parties discuss compensation
• If claims disputed, defendant provides reasons and evidence
• Exchanges encourage open communication between parties, promoting resolution

Understanding these protocols is vital in preparing for the process ahead in a medical malpractice case.

The Pivotal Role of Expert Testimony in Medical Malpractice Cases

Expert testimony plays a pivotal role in medical malpractice cases, often becoming a deciding factor in court. These experts are typically healthcare professionals with deep knowledge in the field related to the case.

They help the court:

• Understand the standard of care that should have been provided
• Determine if the healthcare provider deviated from the standard of care
• Assess if this caused harm to the patient

For example, in a surgical error case, a surgeon specializing in that procedure could testify whether the actions were negligent.

Such testimonies provide the jury with a clear understanding of complex medical terms and procedures, allowing them to make more informed decisions. Given their ability to sway case outcomes, expert witnesses are vital in medical malpractice lawsuits.

Settlement Negotiations: An Insight into the Process

In a medical malpractice lawsuit, settlement negotiations present an opportunity to resolve disputes without a trial. Discussions typically commence after the discovery phase, where each side has gathered their evidence.

• During negotiations, both legal teams present their strongest arguments based on collected evidence
• The goal is to persuade the other side to agree to a fair compensation amount that would cover the plaintiff’s damages, including
  • Medical expenses
  • Lost wages
  • Pain and suffering
• If both parties agree on a settlement amount, the case ends there.
• However, if no satisfactory agreement is reached, the case may proceed to trial.

Hence, settlement negotiations play a critical role in the medical malpractice lawsuit process.

Trial Procedures: From Jury Selection to Verdict

When a medical malpractice case goes to trial, it follows defined steps:

1. Jury selection: Impartial individuals chosen to hear the case
2. Opening statements: Overview of what each side believes the evidence will prove
3. Plaintiff’s case: Presentation of evidence and witnesses establishing malpractice occurred
4. Defense case: Challenging plaintiff’s claims and evidence
5. Closing arguments: Parties summarize respective cases
6. Jury deliberates: Considers all evidence then decides if malpractice occurred
7. The verdict is announced: Jury’s decision on malpractice and plaintiff compensation

This verdict concludes the trial.

Possible Outcomes of a Medical Malpractice Lawsuit

A medical malpractice lawsuit lawsuit can have various outcomes:

• If the plaintiff’s case is strong, the defendant may settle out of court. The plaintiff receives pre-agreed compensation.
• If it proceeds to trial, the jury decides based on evidence:
  • Could rule malpractice occurred and award damages
  • Could side with the defendant, ruling no malpractice
• In some instances, a case might be dismissed before reaching trial due to various legal reasons, such as a lack of substantial evidence or expiration of the statute of limitations.

Each case is unique, with heavy dependence on specific circumstances.

If you are dealing with a medical malpractice case, contact us or call us at 918-359-6600 today for a free consultation.