Medical malpractice is a term used to describe a professional misconduct committed by healthcare professionals that results in harm or injury to a patient. In Oklahoma, medical malpractice cases fall under personal injury law, and the legal procedure is therefore the same as in other personal injury cases. Medical malpractice cases require a high standard of proof, and the plaintiff must prove that the physician or healthcare professional breached the medical standard of care, resulting in their injury.
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The Medical Standard of Care
The medical standard of care refers to the level of care that healthcare professionals must provide that is considered acceptable within the healthcare community. When a patient seeks medical care, they expect a certain level of care, treatment, and skill from the healthcare provider who treats them. Oklahoma law requires healthcare providers to meet this standard when providing medical care and treatment.
Elements of Medical Malpractice
To establish a medical malpractice claim, four elements are necessary. The plaintiff (the injured party) must prove:
- The provider had a duty to the patient
- The provider breached the duty
- The breach was the cause of the patient’s injury
- The injury resulted in damages
Statute of Limitations
Oklahoma has a strict statute of limitations for filing medical malpractice claims. The claim must be filed within two years of the patient’s discovery of the injury or within two years of the date of the injury, whichever is earlier. If the injury is not discovered within that period, the plaintiff has one year from the date of discovery to file a claim.
Failure to Diagnose
"Failure to diagnose" is a common medical malpractice claim. In Oklahoma, a failure to diagnose occurs when a healthcare provider fails to diagnose a medical condition that would have been apparent to another healthcare provider in the same position. To succeed in a claim of failure to diagnose, the plaintiff must show that the physician or healthcare provider missed the diagnosis due to their negligence.
Informed Consent
Informed consent is the legal term that describes the process of informing a patient about the risks and benefits of any medical procedure or treatment they are about to receive. Oklahoma law requires healthcare providers to obtain informed consent from patients before performing any medical treatment or procedure. Failure to obtain informed consent before any medical treatment may result in a medical malpractice claim.
Medical Malpractice Damages
In Oklahoma, medical malpractice damages are limited to $400,000. If the injury resulted in death, the cap is $700,000. If there are multiple defendants, the cap may increase to $700,000 for non-economic damages such as pain and suffering. There is no cap for economic damages such as medical expenses, loss of income, and future medical treatment expenses.
Burden of Proof
The burden of proof is on the plaintiff in medical malpractice cases. The plaintiff must prove that the healthcare professional breached the medical standard of care and failed to provide treatment consistent with the medical community’s accepted practices. The plaintiff must show that the healthcare professional caused injury as a result of the breach of duty.
Expert Testimony
Expert testimony is a crucial component of medical malpractice cases in Oklahoma. In these cases, the court must determine whether the healthcare practitioner provided care consistent with the medical standard of care. Expert testimony is necessary to establish what the healthcare provider should have done and why their actions fell below the standard of care.
Conclusion
Oklahoma law handles medical malpractice in personal injury cases like other personal injury cases. To prove medical malpractice, a plaintiff must establish that the healthcare provider breached the medical standard of care, and this breach led to their injury, resulting in damages. Oklahoma has a strict statute of limitations for medical malpractice claims and recognizes informed consent as a crucial component of medical treatment. Potential plaintiffs must submit expert testimony to support their case. Medical malpractice damages in Oklahoma are limited, but economic damages are not restricted.