How to Calculate Damages in Oklahoma Medical Malpractice Cases

In Oklahoma, calculating damages in medical malpractice cases can be a complex process that involves various factors, including the nature of the injury, the degree of negligence, and the impact on the victim's life. Understanding how to navigate these calculations is crucial for both victims seeking compensation and attorneys handling these cases.

To quantify damages, Oklahoma law typically recognizes two main categories: economic and non-economic damages.

Economic Damages

Economic damages refer to tangible losses that can be calculated with objective evidence. These may include:

Medical Expenses: This includes all past and future medical bills related to the malpractice, such as hospital stays, surgeries, physical therapy, and medications.
Lost Wages: If the victim is unable to work due to their injuries, they can claim lost income from the time of the incident until they can return to work.
Rehabilitation Costs: This covers any expenses related to physical or occupational therapy that the victim may require.
Other Out-of-Pocket Expenses: Any other costs incurred due to the malpractice, such as transportation to medical appointments, can also be included.

Non-Economic Damages

Non-economic damages are subjective and may be more challenging to quantify but are equally significant. These often encompass:

Pain and Suffering: This compensates the victim for physical pain and emotional distress experienced due to the malpractice.
Loss of Consortium: This pertains to the negative impact on relationships with spouses or partners caused by the malpractice.
Loss of Enjoyment of Life: Victims may seek compensation for the inability to engage in daily activities or hobbies they enjoyed prior to the injury.

Applying the Statute of Limitations

In Oklahoma, victims of medical malpractice must be aware of the statute of limitations, which generally allows for two years from the date of the injury to file a claim. It is essential to act promptly to ensure that all potential claims for damages are preserved.

Calculating the Amount of Damages

Once the types of damages are identified, calculating the total amount can vary. Here are steps typically involved:

Gather Evidence: Collect all medical records, bills, lost wage statements, and other documentation supporting your case.
Consult Experts: In complex cases, hiring medical and economic experts may be necessary to demonstrate the extent of injuries, future medical costs, or lost earning potential.
Use Multipliers: For non-economic damages, lawyers often use a multiplier to estimate pain and suffering, which considers the severity of the injury and the impact on the victim’s life.

Negotiation and Settlement

After damages are calculated, the negotiation process begins. Most medical malpractice cases are resolved through settlements rather than going to trial. Both parties will discuss the calculated damages, and often, the negotiation will involve some compromise based on the strength of the evidence and comparative liability.

Conclusion

Calculating damages in Oklahoma medical malpractice cases is a multifaceted process that requires attention to detail and a solid understanding of both economic and non-economic factors. Victims should consult with experienced legal professionals to ensure their claims accurately reflect their losses and maximize their chances of receiving fair compensation.