How Oklahoma Law Handles Medical Malpractice Involving Surgical Errors

Medical malpractice is a critical concern in Oklahoma, particularly when it involves surgical errors that can have devastating consequences for patients. Understanding how Oklahoma law handles such cases is essential for those affected.

In Oklahoma, medical malpractice is defined as a failure by a healthcare professional to provide the appropriate standard of care that results in harm to a patient. Surgical errors fall under this broader category, encompassing a variety of mistakes, from performing the wrong procedure to leaving instruments inside the patient’s body.

To successfully pursue a medical malpractice claim in Oklahoma, the following elements must be established:

1. Duty of Care: The healthcare provider must owe a duty of care to the patient. This typically exists when a patient has entered into a doctor-patient relationship.
2. Breach of Duty: It must be demonstrated that the healthcare provider breached the standard of care. This involves showing that the provider's actions deviated from what a reasonably competent provider would have done under similar circumstances.
3. CAUSATION: The patient must prove that the breach of duty directly caused the injury. This means establishing a clear connection between the surgical error and the harm suffered.
4. DAMAGES: Finally, the patient must show that they incurred actual damages, such as medical bills, lost wages, or pain and suffering, as a result of the surgical error.

In Oklahoma, the legal process for filing a medical malpractice lawsuit involves several steps. First, the injured party must obtain an affidavit from a qualified medical expert. This affidavit must state that there is a reasonable probability that the healthcare provider deviated from the standard of care and that this deviation caused harm.

Once the affidavit is secured, the injured party can file a petition in the appropriate court. It's important to note that Oklahoma has a statute of limitations for medical malpractice cases, which is generally two years from the date of the injury or from when the injury was discovered.

Oklahoma law also recognizes the concept of comparative negligence. This means that if the patient is found to be partially responsible for their injuries, the compensation they receive may be reduced based on their degree of fault. For instance, if a patient did not follow pre-operative instructions, this could impact the outcome of the case.

Additionally, Oklahoma has specific caps on non-economic damages in medical malpractice cases, which limit the amount that can be awarded for pain and suffering, emotional distress, and other non-tangible damages. As of 2023, the limit is set at $350,000; however, this cap is not applicable to economic damages, such as medical expenses and lost income, which can be claimed in full.

In conclusion, navigating a medical malpractice claim involving surgical errors in Oklahoma is complex and requires a thorough understanding of both legal requirements and medical standards. Patients who believe they have been victims of surgical malpractice should consult with a qualified attorney specializing in medical malpractice to ensure their rights are protected and to navigate the intricacies of the legal system effectively.