Every year more than 80% of adults and 90% of children receive medical treatment from a doctor or healthcare professional. If you believe your doctor or healthcare professional has committed medical malpractice, you may consider pursuing a medical malpractice claim.
In Oklahoma medical malpractice claims, the standard question is, “Did the healthcare provider meet the acceptable standard of medical care?” The medical malpractice lawyers at Toon Law Firm determine why and how the health care provider is liable for medical negligence. The bottom line is this: medical mistakes are preventable. The healthcare provider may try to say it was only a mistake; however, Oklahoma law does not give doctors, hospitals, and other healthcare providers a free pass on medical negligence. Neither should you.
A medical error is commonly defined as "a preventable adverse effect of medical care, whether or not it is evident or harmful to the patient." Some of the most common medical errors include:
- Misdiagnosis
- Delays in diagnosis
- Unnecessary surgeries
- Surgical errors
- Medication errors
- Birth injuries, such as brachial plexus injuries
- Surgery on the wrong body part
- Surgery on the wrong patient
- Anesthesia errors
As a patient, you may not realize you have been injured from a medical error. It is estimated that only 2% of patients who suffer from medical errors ever file claims for compensation. The statistics concerning medical errors are staggering:
- Roughly 12,000,000 Americans are misdiagnosed, resulting in the death or permanent disability of more than 100,000 Americans
- Every year, more than 250,000 people in the United States die from medical errors
- Some studies indicate death from medical errors can be as high as 440,000 per year and are not accurately counted because of how they are listed in death certificates
- Medical errors are the third leading cause of death in the United States
- 21% of patients receive the wrong diagnosis on their first visit to a doctor
- More than 4,000 surgical errors occur each year
- 7,000 to 9,000 patients in the United States die every year from medication errors
- One in seven patients on Medicare in a hospital setting will be a victim of a medical error
A misdiagnosis occurs when a patient with one illness or disease is told they have a different illness or disease, or that nothing is wrong with the patient. This can result in the wrong treatment, a delay in treatment, or an unnecessary surgery. Some of the numerous health problems that are misdiagnosed are:
- Colorectal cancer
- Lung cancer
- Breast cancer
- Heart attack
- Prostate cancer
- Stroke
- Sepsis
- Bladder cancer
- Pulminary embolism
- Brain hemorrhage
- Mesothelioma
Do you know the statute of limitations?
A statute of limitations sets the time limit for when you must file a claim. The statute of limitations for a medical malpractice claim may seem complicated without legal representation. Toon Law Firm’s medical malpractice lawyers know how to do a fact intensive investigation to determine what happened, why it happened and who the appropriate liable parties may be.
In Oklahoma, medical malpractice claims are also known as medical negligence claims. These medical malpractice claims often have a 2-year statute of limitations. However, in many instances, people do not realize they have been injured because of a medical error for days, weeks, months, or years. In those instances, the Oklahoma discovery rule can often be used to determine when the time to file a lawsuit expires. In essence, this discovery rule notes the statute of limitations will begin to run when the injured person discovers the medical error or when the injured person should have discovered the medical error. There are also instances where claims are governed by the Oklahoma Governmental Tort Claims Act and are subject to a 1-year statute of limitations. If your claim is against the United States Government, an example being the U.S. Dept. of Veterans Affairs, the statute of limitations is 2 years, in which a Form 95 must first be properly submitted. The lawyers at Toon Law Firm can help you navigate the Form 95 process and potential lawsuit for medical malpractice occurring at the V.A. We have success in this area.
It is extremely important to immediately contact an attorney if you believe you have been injured because of medical malpractice. Contact the medical malpractice lawyers at Toon Law Firm today at 918.477.7884 to find out how we can help you. Our Oklahoma medical malpractice lawyers provide free consultations, and we aren’t paid unless we recover compensation on your behalf. Toon Law Firm is the law firm with you in mind. Yes, we can help.
