Medical malpractice occurs when a health care provider violates the standard of care when providing treatment to a patient, causing them to suffer an injury. It can also result by the failure to take medically appropriate action. Examples may include:
- Misdiagnosis of or failure to diagnose a disease or medical condition
- Failure to provide appropriate treatment for a medical condition
- Unreasonable delay in treating a diagnosed medical condition
Legal Elements—Negligence, Injury, Cause
Negligence serves as the primary basis for determining liability in personal injury law. Comparative negligence is where each party involved is responsible for some degree of negligence. Oklahoma has adopted the doctrine of modified comparative negligence. You must prove the person who caused the injury was negligent by the following:
- The existence of a duty owed to you by the person who caused your injury
- The other person failed to carry out that duty
- You suffered damages
- The other person’s failure caused you to have the injury
Statute of Limitation in Oklahoma
The statute of limitations is the period if time that a person may initiate legal proceedings. These time limits vary depending on the type of case and the state where the particular cause of action occurred. Under Oklahoma law, a medical malpractice claim must be brought within two years from the date upon which the claimant knew or should have known of the alleged injury. Claimants under the age of twelve must bring a medical malpractice action within seven years from the date the injury was inflicted. If the injured party is a minor over the age of 12, he or she has one year from their 18th birthday in which to file a legal claim. The minor must be given at least the standard two-year medical malpractice limitations period from the date of the injury. After the time limit has passed, the injured person no longer has the right to sue to recover monetary damages, unless a legal exception applies.
Cap on Damages
Generally, there are two types of damages available to a plaintiff in a medical malpractice case: compensatory damages and punitive damages. Compensatory damages are intended to compensate the plaintiff for the actual injury and harm that he or she has suffered. These are divided into two categories:
1. Economic Damages
Damages for economic loss (actual damages) for lost income, loss of future earning capacity, and past and future medical expenses. There is no cap on economic damages.
2. Non-Economic Damages
Non-economic loss/damages are those that are intangible, which include pain and suffering, physical and emotional distress, disfigurement, loss of consortium, loss of enjoyment of life and others. Oklahoma civil tort law places a restriction of $300,000 on non-economic damages in all malpractice cases.
3. Punitive Damages
Punitive damages are awarded to a claimant in order to punish the defendant for their behavior. The cap on punitive damages in the state of Oklahoma is $100,000 if it is proven that the healthcare professional recklessly disregarded the patient’s rights. In the case of malicious or intentional actions, the cap is $500,000. However, the limit does not apply in cases involving wrongful death, or where a defendant is specifically found to be negligent or engaged in willful and wanton conduct.
Who Can Represent a Medical Malpractice Case?
A medical malpractice case is a uniquely complex type of civil claim, and it takes an experienced medical malpractice trial attorney to handle one successfully. Make sure you select an attorney that has a track record of successfully representing clients in medical malpractice lawsuits.
