Medical Malpractice Attorney in Oklahoma
When healthcare providers fail their patients, the consequences can be devastating. We hold doctors, hospitals, and medical facilities accountable for negligence—with expert physicians who establish exactly what went wrong.
Key Takeaways
- Expert required: Oklahoma requires an expert affidavit from a qualified physician
- 2-year deadline: From discovery of injury, but absolute 3-year cap from the act
- Damage caps: $350,000 cap on non-economic damages in most cases
- Get records fast: Request your complete medical records immediately
On This Page
Types of Medical Malpractice Cases
Medical negligence takes many forms. We handle:
Diagnostic Errors →
Missed cancer, delayed diagnosis, failure to order tests, misreading lab results, dismissing symptoms
Surgical Errors →
Wrong-site surgery, retained instruments, nerve damage, anesthesia errors, post-op complications
Birth Injuries →
Cerebral palsy, Erb's palsy, oxygen deprivation, failure to perform C-section, forceps injuries
Medication Errors →
Wrong medication, incorrect dosage, dangerous interactions, pharmacy errors, overdose
The Four Elements of Medical Malpractice
To win a medical malpractice case, you must prove all four elements:
Duty of Care
A doctor-patient relationship existed, creating a duty to provide competent care.
Breach of Standard
The provider failed to meet the standard of care—what a competent provider would have done.
Causation
The breach directly caused your injury. This is often the most contested element.
Damages
You suffered actual, quantifiable harm—medical costs, lost income, pain and suffering.
Understanding the Standard of Care
The standard of care isn't perfection—it's what a reasonably competent provider would do. Factors include:
Medical Specialty
A cardiologist is held to the standard of other cardiologists, not general practitioners. Specialists face higher expectations in their field.
Available Information
What did the doctor know—or should have known—at the time? Hindsight isn't the standard; reasonable medical judgment is.
Accepted Medical Practice
Treatment must align with what the medical community accepts. Multiple acceptable approaches may exist; following any of them is usually sufficient.
Clinical Guidelines
Protocols from medical associations (AMA, specialty boards) inform—but don't automatically establish—the standard. Deviation requires justification.
Available Resources
A rural ER may have different capabilities than a major trauma center. The standard accounts for what was reasonably available.
Potential Defendants in Medical Malpractice
Multiple parties may share responsibility for your injury:
Individual Providers
- • Physicians (surgeons, specialists, ER doctors)
- • Nurses (RNs, LPNs, nurse practitioners)
- • Anesthesiologists
- • Pharmacists
- • Technicians (radiology, lab)
Healthcare Facilities
- • Hospitals (for employees, policies)
- • Surgery centers
- • Urgent care clinics
- • Nursing homes
- • Medical practices/groups
Important: Hospitals often argue doctors are "independent contractors" to avoid liability. We investigate employment relationships, apparent agency, and hospital policies to identify all responsible parties. If the hospital held the doctor out as their employee, they may still be liable.
Damages in Medical Malpractice Cases
Medical negligence often causes life-altering harm requiring substantial compensation:
Economic Damages
- Corrective medical treatment
- Ongoing medical care costs
- Lost wages (past and future)
- Lost earning capacity
- Home healthcare needs
- Medical equipment and modifications
Non-Economic Damages *
- Physical pain and suffering
- Mental anguish
- Disfigurement
- Loss of enjoyment of life
- Loss of consortium
- Emotional distress
* Capped at $350,000 per lawsuit in most Oklahoma malpractice cases
Oklahoma Medical Malpractice Law
Oklahoma has specific rules that make medical malpractice cases challenging:
Expert Affidavit Requirement
Before filing suit, you must obtain an affidavit from a qualified medical expert affirming that malpractice occurred. The expert must practice in the same or similar specialty.
Statute of Limitations
2 years from discovery of injury, but no more than 3 years from the date of the act (absolute repose period). Exceptions exist for minors, fraud, and concealment.
Non-Economic Damage Cap
$350,000 cap on pain and suffering per lawsuit. This cap has withstood constitutional challenges. Economic damages are not capped.
Prelitigation Notice
Before filing suit, you must provide 90 days written notice to the healthcare provider. This allows opportunity for settlement and medical record review.
Frequently Asked Questions
Harmed by Medical Negligence?
These cases are complex and require expert medical review. We work with board-certified physicians to evaluate your case and fight for maximum compensation.
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