Oklahoma Medical Malpractice Law - An Overview
By Aaron Larson
Law Offices of Aaron Larson
July, 2004
Important Notice: The following overview of Oklahoma's medical malpractice laws is presented on an as-is basis. This information is believed accurate as of the date of authorship, but is not intended to provide a complete analysis of medical malpractice law and may not reflect subsequent changes in the law. For a full review of Oklahoma's medical malpractice law, or for a determination of how the law applies to a specific incident or injury, please consult a malpractice lawyer licensed to practice in the state of Oklahoma.
Contents
- What Is Medical Malpractice
- Limits on Malpractice Damages
- Collateral Source Rule
- Rules for Expert Witnesses
- Joint and Several Liability
- Statute of Limitations
- Limits on Attorney Fees
- Additional Rules
- Why Use A Malpractice Lawyer
What Is Medical Malpractice
Medical malpractice, sometimes referred to as medical negligence, occurs when a health care provider violates the governing standard of care when providing treatment to a patient, causing the patient to suffer an injury. Medical malpractice can result from an action taken by the medical practitioner, or by the failure to take a medically appropriate action. Examples of medical malpractice 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;
Medical malpractice actions can be brought by the injured patient against any responsible licensed health care provider, including doctors, counselors, psychologists and psychotherapists.
Limits on Malpractice Damages
Oklahoma imposes a $300,000.00 limit on noneconomic damages in medical malpractice cases. However, the limit does not apply in cases involving wrongful death, or where a defendant is specifically found to have been negligent or to have engaged in willful and wanton conduct.
Collateral Source Rule
Under a traditional collateral source rule, a defendant may not seek to reduce its liability by introducing evidence that the plaintiff has received compensation from other sources, such as the plaintiff's own insurance coverage. For medical malpractice cases in Oklahoma, the court must admit evidence of payments of medical bills made to the injured party unless the payments are subject to subrogation or other right of recovery.
Rules for Expert Witnesses
A medical expert witness must be licensed to practice medicine or has other substantial training or experience, in any area of health care relevant to the claim; and be actively practicing or retired from practicing health care in any area of health care services relevant to the claim. These restrictions do not apply to defendants, or the employees of defendant health care institutions, who are testifying as experts.
Joint and Several Liability
Under a traditional rule of joint and several liability, where more than one defendant is found liable for the injury suffered by a plaintiff, each defendant is individually liable for the entire amount of the judgment, such that if one defendant is unable to pay the other defendant or defendants are liable for the entire amount of the judgment. Under Oklahoma law, unless a defendant is 50% or more at fault for the plaintiff's injury, or is guilty of willful misconduct or reckless disregard of the plaintiff's safety, defendants are only responsible for damages in proportion to their fault for the plaintiff's injury.
Statute of Limitations
Medical malpractice actions must be commenced within two years of the act or omission giving rise to the injury. For medical malpractice litigation involving a minor under the age of 12, the minor's parent or guardian must bring suit on behalf of the minor within seven years after the act or omission giving rise to the injury. If the minor was inage 12 or older at the time of the medical malpractice injury, the minor has one year after turning 18 to file suit, but in no event may such a minor file suit less than two years from the date of infliction of the injury.
Limits on Attorney Fees
An attorney fee may not exceed 50% of the net judgment.
Additional Rules
The plaintiff must file with the court an affidavit attesting to consultation with a qualified expert, accompanied by a written opinion from the expert that the act or omission underlying the action constituted professional negligence, and that the plaintiff's claim is meritorious.
Why Use A Malpractice Lawyer
Medical malpractice law is a highly technical field of law, and malpractice lawsuits tend to be fiercely defended by well-funded defense firms.
Injured by a medical mistake? Talk to a medical malpractice lawyer for free.
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Medical malpractice lawsuits can be exceptionally expensive to pursue, with costs often exceeding $100,000.00. Due to the technical skills involved in prosecuting a malpractice claim, the possibility that an inexperienced lawyer may not be sufficiently conversant with the medical issues, or might make a technical error which causes a case to be lost or dismissed, and the very high costs the malpractice law firm typically must advance, an injured patient is very well served by going with a specialist firm.
Even within the specialized practice of medical malpractice law, you will find that some lawyers have subspecialties of practice, for example focusing on surgical errors, misdiagnosis, or birth trauma cases.
Copyright © 2003-2006 Aaron Larson. All rights reserved. No portion of this article may be reproduced without the express written permission of the copyright holder, except as follows: You may link this article to your website, either directly or through an ExpertLaw Library index page, provided your link does not depict this article, its author, or expertlaw.com in a negative manner.