When you trust a doctor or other healthcare provider, you do not expect to suffer an injury because the healthcare provider acted improperly. Yet, that happens to thousands of people every year in Oklahoma and across the United States. Doctors, nurses, hospitals, dentists, psychologists, X-ray technicians and other medical professionals can cause great harm to patients if their treatment falls below the accepted standards of care.
In Oklahoma, the medical malpractice attorneys at Ryan Bisher Ryan & Simons hold negligent healthcare providers accountable for the harm they cause. For more than 30 years, the attorneys at Ryan Bisher Ryan & Simons have been helping Oklahomans injured by substandard medical treatment. Several of our partners grew up in small towns in Oklahoma, and those small-town values still inform our law practice. Our attorneys and staff take pride in offering neighborly, one-on-one attention to each client. We want to help you make the best decisions to rebuild your life after a serious injury.
If you suspect that a preventable medical error has harmed you or your loved one, you will need an experienced medical injury attorney to determine what really happened. Medical injuries are complicated cases. Our personal injury lawyers have the experience, resources, and knowledge to tackle these complex cases and present a clear and compelling case for our client’s maximum recovery. We are ready to fight aggressively for a favorable settlement or jury verdict for you.
Why Bring a Medical Malpractice Lawsuit?
If a doctor, nurse or hospital has acted improperly and you have been harmed by medical negligence, you should not be left to suffer silently and bear the cost of a preventable medical error. Many victims of medical malpractice face thousands of dollars of additional medical expenses related to the injury and miss weeks or months of work. In some cases, additional surgery is required, and you should not have to pay for it.
Oklahoma law provides a way for patients who have been harmed by a doctor’s negligence or a nurse’s negligence to recover compensation for their losses. You may file a lawsuit demanding full compensation for your expenses and losses related to the injury. The compensation you seek can ease financial stress and help your family regain financial stability. It can help cover the long-term costs of an injury including future medical treatment if you will need ongoing medical treatment.
Many people who have been victims of medical malpractice have only a vague sense that something went wrong. In many instances, the patient is unsure exactly what happened. It may not be clear who was at-fault. Unfortunately, neither the doctor nor the hospital is likely to be forthcoming about the fact that the patient received substandard treatment and suffered harm as a result. They will zealously guard their reputations and dismiss your inquiries unless you have legal representation.
If you want to know what really happened and whether your medical injury could have been avoided, you will need the help of a determined Oklahoma medical malpractice attorney who knowns how to unravel these complex cases. An attorney working with independent medical experts can analyze your medical records and the hospital records and determine what occurred, how you were harmed and who should be held responsible.
Filing a medical malpractice lawsuit against a careless doctor or a hospital can help you recover financially from a medical injury. It also may focus public attention on serious safety concerns and prevent other patients from suffering similar injuries. A lawsuit can help you get back on your feet after an avoidable injury.
Where Medical Malpractice Can Occur in Oklahoma
A preventable medical error or diagnostic error constituting medical malpractice can occur in many settings where patients receive treatment. They include:
- Hospitals
- Emergency rooms
- Operating rooms
- General practitioner’s office
- Outpatient surgical centers
- Birthing centers
- Cosmetic surgery centers
- Rehabilitation centers
- Diagnostic labs
- Hospital pharmacies
- Chiropractor offices
Please call us for a free consultation about your medical injury case. Our knowledgeable attorneys can review the details of where the medical occurred and the circumstances of your injury. We can discuss whether you have a valid medical malpractice lawsuit and the appropriate steps to take.
Proving Medical Negligence in Oklahoma
A doctor or other health care provider may make an error without committing medical malpractice. Medical malpractice occurs when a health care provider fails to follow the recognized standard of care in a particular situation and causes an avoidable injury as a result. Negligence can occur in many situations. Medical malpractice cases commonly stem from the following:
- Anesthesia error
- Birth trauma
- Cerebral hypoxia
- Delay in diagnosis
- Emergency room error
- Failure to get informed consent
- Failure to monitor patient
- Failure to order appropriate tests or treatments
- Improper reading of x-rays
- Infections related to treatment
- Medication errors (wrong medicine or wrong dosage)
- Misdiagnosis of a life-threatening condition
- Misuse of a medical device or implant
- Pressure ulcers
- Restraint-related injury
- Surgical error
- Transfusion error
To have a successful medical malpractice lawsuit, your attorney must prove that you were harmed as a result of a health provider’s careless act. The court instructs the jury to decide from the evidence what a physician should or should not have done based on the applicable recognized standard of care.
Damages Available in an Oklahoma Medical Malpractice Case
By filing a medical malpractice lawsuit, you may demand compensation for all of your losses including:
- Medical bills, present and future
- Lost wages
- Lost of future earning capacity
- Physical pain and suffering, present and future
- Mental pain and anguish, present and future
- Permanent disability
- Disfigurement
- Punitive damages (in rare cases).
Most medical malpractice cases are difficult to prove because of the lack of cooperation an injured patient receives from the medical community in Oklahoma.
Statute of Limitations for Oklahoma Medical Malpractice Cases
A patient who has been injured by a medical error caused by physician negligence or hospital negligence in Oklahoma has two years from the date of the injury to file a medical malpractice lawsuit. This time limit for bringing a medical negligence lawsuit is referred to as the statute of limitations.
A patient who fails to bring a lawsuit within the statute of limitations may lose the right to sue for compensation. There are some exceptions to the two-year time limit in Oklahoma.
If the medical negligence was not obvious and the patient only discovered his or her injury later, then the amount of time allowed to file a medical negligence lawsuit may be extended. In situations involving discovered injuries, the clock starts at the time the injury was discovered or should have been recognized by a reasonably diligent person.
Medical malpractice cases are complicated cases. Developing a case typically requires having independent medical experts analyze your medical records and offer an expert opinion about whether the doctor provided substandard care and caused your injury.
In Oklahoma, the medical malpractice lawsuit must be accompanied by an affidavit affirming that a qualified expert has reviewed the medical records and has provided a written opinion that the malpractice case has merit and is not frivolous. Often our attorneys must use physicians from outside the state for expert testimony.
Fortunately, Ryan Bisher Ryan & Simons has the resources to finance medical malpractice cases, so you pay no attorney fees unless we obtain compensation for your injuries.
Because of the amount of time involved in preparing your case, it is best to move promptly to seek the guidance of a qualified Oklahoma medical injury attorney.
Affording a Medical Malpractice Attorney
The attorneys at Ryan Bisher Ryan & Simons represent victims of medical malpractice on a contingency fee basis. We recognize that you are likely experiencing financial hardship and stress if you have been seriously injured by a doctor’s error or nurse’s negligence. You may be unable to work. You should not have to worry about how to afford a lawyer.
Medical malpractice cases are complicated and time-consuming, so we are selective about the cases we accept. If our medical malpractice attorneys handle your case, we only get paid an attorney’s fee if we recover compensation for you through an insurance settlement or a jury award. Our legal fee depends on our winning your case. If Ryan Bisher Ryan & Simons represents you in a medical negligence lawsuit, you will not have any out-of-pocket costs.
Talk to an Experienced Medical Malpractice Lawyer in Oklahoma City, OK Today
If you or a family member has been injured by the negligence of a medical professional, Ryan Bisher Ryan & Simons can help. Our firm has the knowledge, experience and resources to manage complex cases and to force accountability for your injuries. Contact us online or call us at 405.528.4567 to schedule your free consultation.