How Oklahoma Law Handles Medical Negligence Claims

Medical negligence, often referred to as medical malpractice, occurs when a healthcare professional fails to provide the standard of care that a reasonably competent provider would offer, resulting in harm to the patient. In Oklahoma, the legal framework for handling medical negligence claims is governed by specific laws and procedures that both patients and healthcare providers should understand.

To initiate a medical negligence claim in Oklahoma, the first requirement is that the plaintiff must establish that a physician-patient relationship existed. This relationship implies that the healthcare provider had a duty to the patient to act in accordance with accepted medical practices.

Next, it must be demonstrated that the healthcare provider breached this duty by failing to meet the standard of care. This is typically established through expert testimony from another qualified healthcare professional, who will testify about the accepted standards within the medical community and how the defendant's actions deviated from those standards.

In Oklahoma, the statute of limitations for filing a medical negligence claim is two years from the date of the alleged malpractice. However, there are exceptions, particularly when the injured party does not discover the injury immediately. In such cases, the injured individual may have the option to file a claim within one year from the date of discovery.

Oklahoma also mandates that a certificate of merit must accompany a medical negligence lawsuit. This certificate, often prepared by a qualified expert, affirms that there is a reasonable basis for the claim and provides an outline of the alleged negligence. The purpose of this requirement is to filter out frivolous lawsuits and ensure that genuine cases are brought forward.

The state also has caps on non-economic damages in medical malpractice cases. As of October 2023, Oklahoma law limits non-economic damages, such as pain and suffering, to $400,000. However, there are exceptions to this cap, particularly in cases involving gross negligence or when the claim involves wrongful death.

Furthermore, in Oklahoma, the doctrine of comparative negligence applies. This means that if a patient is found to be partially responsible for their injuries, any compensation awarded may be reduced by their percentage of fault. For instance, if a jury determines that a patient was 20% at fault for their injuries, any damages awarded will be reduced to reflect this percentage.

Lastly, pursuing a medical negligence claim can be a complex and lengthy process. It often requires substantial evidence, expert testimony, and a thorough understanding of Oklahoma medical malpractice laws. Therefore, individuals considering a medical negligence claim should consult with an experienced attorney who specializes in this area of law to navigate the legal landscape effectively.