Have you or someone you love been injured due to medical negligence in Oklahoma City, Edmond or anywhere in Oklahoma?
The Fierce Advocates at Cannon & Associates will fight for you. Contact us to get your FREE case evaluation.
Medical Malpractice Definition
Medical malpractice is the causing of an injury to a patient or person receiving medical treatment through a negligent act or failure to act, i.e. failing to properly perform a medical procedure or electing to not perform a necessary medical procedure. Medical malpractice can be tied to the action or omission of a hospital, doctor, or health care professional and occur during diagnosis, treatment, aftercare, or other.
How Common is Medical Malpractice?
Unfortunately, medical malpractice occurs in all types of medical fields and under nearly any circumstances. The most common and most obvious area of medical malpractice is surgical malpractice. However, oncologists, gynecologists, and pediatricians are all highly susceptible to medical malpractice. Each of these types of medical malpractice or medical negligence are cable of causing harm through recklessness or negligence of doctors and other medical providers.
Even nurses and pharmacies have committed significant acts of medical malpractice that resulted in permanent injuries or fatalities in some instances. Sadly, in medicine, a mistake or act of negligence as simple as the wrong dosage or wrong medication can have dire consequences.
What matters in Medical Malpractice?
No matter the medical field or medical procedure performed, the key for determining medical malpractice is the reasonable standard of care or reasonable person standard. Failing to meet the standard of care is the foundation of any medical malpractice case and is necessary for a claim of medical malpractice in Oklahoma.
The Imaginary “Reasonable Person”
In civil litigation, injury lawyers will use the legal theory of the “reasonable person” to prove the other party’s negligence. The reasonable person standard in medical malpractice, as in other areas of personal injury law is build upon the legal maxim that negligence is not the norm. Personal injury law, specifically medical malpractice law is based on the premise that negligence is a departure from the norm or expected standard of care.
The Reasonable Person is a hypothetical individual that is equipped with average capabilities, intelligence, and knowledge. It is an idealistic expectation of the normal, mediocre actor, not a super star, i.e. not the best surgeon in the county in the case of a medical malpractice case.
Jurors in a medical malpractice case must decide whether the reasonable person would have acted in the same manner as the defendant, i.e. would a reasonable person have done what the surgeon, physician, or medical provider did in this instance. If the defendant acted outside of what the reasonable person in the medical practice would have done, they are negligent and you can receive compensation.
Is that confusing enough? Your answer is likely yes, the reasonableness person standard is difficult to define, which is why common sense is so important. Common sense is used in medical malpractice cases to show what is reasonable or unreasonable, i.e. operating on the wrong leg or an obvious oversight in an examination that results in the death or serious injury of a patient. Those errors would violate the reasonable person standard, because a reasonable person in the situation should have operated on the correct body part or conducted the proper medical evaluation. Personal injury trials, including medical malpractice cases are tried by a jury, because a formula cannot determine the correct outcome, it takes a human element to identify what a reasonable person should have done or not done in the medical procedure or setting.
The Reasonable Person is part of why medical malpractice cases are so complex and you need an experienced fierce advocate to tell your story and show how the medical professional or provider in your case failed to provide care that a reasonable medical professional should have provided.
What about the Reasonable Person that is a Medical Doctor?
One of the biggest problems in identifying negligence in a medical malpractice case is explaining that a doctor is not an average person with average knowledge. The training and years of residence, fellowship, and education amount to higher stakes in a medical malpractice case. Therefore, you cannot simply rely on the opinion of a jury of “your peers” to decide, if what a doctor did was reasonable in the situation, because the average person lacks the knowledge and training of a doctor or medical professional. Additionally, you cannot assemble a jury of doctors alone, or doctors in the specialty involved in your injury alone to decide the reasonableness or negligence of the medical care you were provided.
Additionally, one medical professional or specialist cannot give expert advice or opinion on another type of practice or specialty. Just like a football player shouldn’t advice a basketball coach on running zone or man defense. An orthopedic surgeon cannot truthfully testify on a general surgeon’s work or how a neurosurgeon should have acted. Therefore, medical malpractice attorneys rely on expert witnesses, i.e. medical professionals in the particular specialty or area of practice involved in your case.
Usually, medical malpractice cases involve one or multiple medical experts that testify about the reasonable standard in the medical specialty at issue and testify directly on whether or not the defendant acted in a reasonable manner, i.e. how an average doctor would act. Identifying and retaining qualified and credible medical experts is a crucial step in any medical malpractice case. In order to succeed in a medical malpractice case, you will likely need another physician or doctor to determine the doctor that provided medical care or surgery to your or your loved one was negligent, i.e. committed medical malpractice.
Is it safe to get medical care?
Yes, as in any profession or service provider, the norm or usual result is within the standard of care for the profession. However, when you go to a medical provider or go under the knife for surgery; sometimes the results are not what you expect or the outcomes are not up to the standard of care that you should expect; that is medical malpractice and you deserve to be compensated for your injury and damages. Our Oklahoma medical malpractice lawyers know victims of medical malpractice have to deal with pain suffering, additional medical procedures, insurance companies, and the stress of improper diagnosis or additional surgeries. We have been there with medical malpractice clients and look forward to answering your questions about the situation you and your family are facing.
What is considered medical malpractice?
Many people assume medical malpractice only applies to doctors or medical doctors; however, there are many types of healthcare providers in position to make mistakes or act negligently that can result in harm or even death to you or a loved one. In addition to the most common defendant in a medical malpractice case, medical doctors, the following can and are held accountable for damages or injurie caused by negligence in medical malpractice cases that result in serious injuries:
- Primary Care Physician (“PSP”)
- Nurse aides
- Nursing assistants
- Nurse anesthesiologists
- Nurse Practitioners
- Certified Nurse Practitioners
- Surgery Centers
- Physical Therapists
- Lab technicians
- Medical spas
- Urgent Care Facilities
- Walk-in care facilities
What types of injury cases do medical malpractice lawyers handle?
Cannon & Associates is dedicated to fierce advocacy for a wide variety of medical malpractice cases; however, our Oklahoma medical malpractice lawyers focus on helping families and victims of the following types of medical malpractice:
- Cancer misdiagnosis
- Nursing Home Abuse
- Nursing Home Malpractice
- Nursing Home Negligence
- Dentist Malpractice
- Surgical Errors
- Failure to Diagnose
- Failure to Treat
- Defective Medical Devices
- Hospital Errors
Do I need an Oklahoma medical malpractice lawyer?
Medical Malpractice Lawyers in Oklahoma
This is a complex question that requires a case evaluation for your specific situation and medical treatment in order to determine. Our Fierce Advocates will answer your questions and evaluate the unique facts of your situation or medical procedure to evaluate the strength of your medical malpractice case.
Contact our office today for a free confidential medical malpractice case evaluation, If you are unsure whether or not you have a valid medical malpractice claim or medical negligence lawsuit.
What is the fee if the Fierce Advocates at Cannon & Associates take my Medical Malpractice case?
If we decide to take your medical malpractice case, you will not pay us anything, unless we recover damages or a settlement on your behalf. We handle all medical malpractice cases on a contingency basis, i.e. we do not get any compensation unless we win your medical malpractice case.
Not only will our Edmond medical negligence attorneys review your individual case at no charge, any medical expert or medical professional retained to work on your case will do so without your paying anything to them, unless we succeed in your medical malpractice case. We strive to give you an honest evaluation of the strength of your Oklahoma medical malpractice case and lay out all your options, whether you decide to work with us or not.
Contact – Cannon & Associates: Oklahoma Personal Injury Advocates
Experience matters when you or a loved one has been injured or died as a result of the medical negligence or medical malpractice of a trusted medical profession or doctor. It is important to know the Oklahoma medical malpractice lawyer you hire is dedicated to your cause and versed in all aspects of medical malpractice and medical negligence in Oklahoma. Cannon & Associates is dedicated to Fierce Advocacy for medical malpractice victims and will fight for you. Founder John Cannon has been recognized as a Super Lawyer and Top 40 under 40 Attorney. Contact Cannon & Associates to protect your rights and fight for compensation in your medical malpractice case in Oklahoma. Complete the CONTACT FORM ON THIS PAGE NOW or CALL at (405) 906-4051 for a free confidential case evaluation.