You should be able to trust a medical professional but all too often, patients suffer life-changing injuries due to irresponsible treatment.
If you or a loved one have suffered due to the negligence of a medical expert, hold the at-fault party accountable and achieve justice.
The team of medical malpractice lawyers at the Tawwater Law Firm, PLLC, in Oklahoma City, OK, will fight for the compensation you deserve...
What Exactly Is Medical Malpractice?
Medical malpractice is classified as a negligence claim and falls under the larger category of tort law. Negligence in the case of medical malpractice claims is based on the premise that medical experts owe patients a duty of care that accords to a reasonable standard. When mistakes lead to harm, the at-fault party should be held accountable for the personal injuries that resulted from the behaviors that deviated from this standard. In order to win a medical malpractice case, an attorney must prove that the victim’s injuries resulted from inadequate medical care.
In these unfortunate cases, the results can be catastrophic. If you or a member of your family has suffered a personal injury due to medical negligence, or if you have lost a family member due to an error by a medical professional, the compassionate medical malpractice attorneys at the Tawwater Law Firm, PLLC, can help.
We Can Help You Achieve Justice
Our attorneys have an in-depth knowledge of the complexities involved in personal injury law and how it applies to medical malpractice cases throughout Greater Oklahoma City. We can help you establish your claim, conduct the necessary research, and obtain an out-of-court settlement or a trial verdict that recovers the compensation you deserve. Our team of medical malpractice lawyers advocates for the rights of our clients and their families so that they can achieve the just compensation they deserve that allows them to move forward with their lives.
Schedule a free case review at our Oklahoma City, OK, law office today by contacting us online or by calling:
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Types of Medical Malpractice
Unfortunately, preventable medical negligence is far from uncommon. According to statistics provided by the National Center for Biotechnology Information (NCBI) in 2020, medical errors cost the health care system approximately $20 billion a year. The same article states that medical errors in hospitals and clinics result in approximately 100,000 deaths on an annual basis. Common types of medical malpractice claims include:
For over 40 years, our medical malpractice attorneys have helped clients with a child who has suffered a birth injury recover financial compensation for their medical expenses, pain and suffering, and other damages. Birth injury claims can have a life-long impact on the well-being of the child and depending on the severity of the medical malpractice case, our team may seek compensation for the cost of a wheelchair, medical devices, physical and speech therapy, transportation to meet the needs of the child, and for any lost potential on the sake of the child.
Thousands of hospital patients suffer personal injuries or die each year as a result of medical malpractice that occurs during a surgical procedure. At Tawwater Law Firm, PLLC, in Oklahoma City, OK, our medical malpractice lawyers can assist clients who have been injured due to a surgical error. A medical malpractice case can recover financial compensation for the damages suffered. Our team of medical malpractice attorneys also represents the needs of family members who have lost a loved one due to medical negligence during surgery.
The statistics are alarming for personal injury and death attributable to medical malpractice on behalf of hospital personnel, contaminated or defective equipment, or other hospital errors. If you or your family have suffered because of an error made during a visit to a hospital, you deserve justice for the harm caused. The medical malpractice professionals at Tawwater Law Firm, PLLC, will advocate for your rights so that you can receive just compensation for your medical malpractice case.
Emergency rooms are hectic and sometimes even chaotic places. ER doctors, nurses, and technicians are specially trained to treat patients in this environment, but sometimes mistakes are made. When an emergency room error amounts to negligence and a patient is harmed, a medical malpractice case can help right the wrong. Our medical malpractice lawyers can build a strong case to provide victims of emergency room errors with the financial compensation they deserve.
A doctor or pharmacist is responsible for ensuring that patients receive a safe dosage of prescription medication. It is also the duty of a medical professional to ensure that a new drug introduced into a patient's medication regimen will not interact with other pharmaceuticals the patient may be taking. Medical malpractice due to pharmacy error can occur at the pharmacy, doctor's office, or in a hospital setting due to human error or equipment malfunction. These mistakes can result in serious harm to a patient, and when they occur, the medical malpractice lawyers at Tawwater Law Firm, PLLC, can provide legal counsel.
Failure to properly diagnose a medical condition can have devastating, even fatal, consequences. A failure to diagnose can refer to a medical expert ordering incorrect diagnostic tests or ordering tests too late to be beneficial. A misdiagnosis occurs when symptoms are attributed to the wrong medical condition. In either case, when a patient does not receive the treatment they need to adequately address their symptoms in a timely manner, the result is medical malpractice. If an improper diagnosis or failure to diagnose results in adverse consequences to a patient's health, legal action may be appropriate.
Medical mistakes during pregnancy, birth, and following delivery can have life-long consequences for the child. Cerebral palsy is a group of disorders that involve brain and nervous system dysfunctions. Only about two percent of all Cerebral palsy cases are genetic; the majority are caused by damage to the baby's brain, often due to medical error. Cerebral palsy is non-progressive, but permanent, leaving the child with health issues including muscle spasms, tremors, poor coordination, intellectual disabilities, and compromised hearing and sight. If you suspect your child's cerebral palsy is due to poor medical treatment, our Oklahoma City, OK, medical malpractice lawyers can help you provide the best care for your child.
When a medical professional administers the wrong type of anesthesia, fails to recognize dangerous interactions between anesthesia and medications, or utilizes defective equipment, this type of medical malpractice is known as anesthesia error. Failure to take appropriate actions when administering anesthesia can cause life-threatening injuries to the patient. Anesthesia errors may be committed by anyone who administers anesthesia–not just anesthesiologists. Nurses and other doctors can also be held accountable for medical malpractice stemming from anesthesia errors.
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How Do I Know if I Have a Medical Malpractice Case? Meet with Our Team to Get Started
The team at Tawwater Law Firm, PLLC, can review your unique case during a free consultation and advise you on how to proceed depending on the details of your medical malpractice claim. For over 40 years, our team has provided clients with compassionate legal counsel that is committed to achieving results that hold negligent parties accountable for their actions.
If you or a family member has been harmed while seeking medical attention, our medical malpractice attorneys can assist you in seeking justice for your injury. We will handle every aspect of your case while advocating for your rights so that you can focus on recovering from your injury.
To schedule a free case review at our Oklahoma City, OK, law office, contact us online or call:
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Determining If Medical Malpractice Has Occurred
Ultimately, it is up to the patient to determine whether the injuries sustained were the direct result of substandard care and therefore medical malpractice. Physicians and other medical care providers are not legally required to disclose to patients that they have been injured by any treatment that was below industry standards. In order to determine if your case qualifies as medical malpractice, consulting an attorney or other third party can help a patient determine if they have a case.
Statute of Limitations
A medical malpractice claim must be filed within a certain amount of time after the incident that caused harm. This is known as the statute of limitations. In Oklahoma, the statute of limitations on medical malpractice claims is two years. This means that patients who have suffered an injury must file a lawsuit within two years of the medical procedure or event that caused the harm. Unfortunately, once this window of time has expired, victims waive their rights to filing a medical malpractice claim.
Establishing a Patient-Physician Relationship
This point may sound simple and straightforward, but it is a necessary step in the process of developing a medical malpractice case. The victim who suffered an injury must prove that he or she was under the care of the defendant when the harm occurred. When pinpointing the timing and nature of the injury, this can generally be proved by medical records but tying the negligence of the medical professional to the harm incurred by the client is of paramount importance in moving forward with a medical malpractice lawsuit.
A medical malpractice lawsuit cannot proceed unless the plaintiff can show that the health care provider did not provide medical care that was in accordance with reasonable professional standards. Additionally, the plaintiff must prove that this negligence was directly responsible for the injuries sustained. This underlines the importance of hiring a medical malpractice lawyer with a track record of successful settlements and verdicts such as the team at Tawwater Law Firm, PLLC.
Once our lawyers have established all other necessary determinations for a client's case, the final step in a medical malpractice claim at our Oklahoma City, OK, law office is determining the amount of monetary compensation that is due to the plaintiff. Our team will take into account a number of relevant contributing factors when establishing damages. This allows our clients to receive fair and just compensation that will cover any current or future expenses, loss of income, or any other relevant costs associated with their injury.
Serving Oklahoma City for over 40 Years
Our team of medical malpractice lawyers has represented the people of Oklahoma for over four decades with personalized attention, the highest standards of hard work, professionalism, and attentive, responsive care. We will work closely with the nation's leading experts in the medical field to ensure the best possible solution for you and your family. Our medical malpractice lawyers aggressively advocate on the behalf of our clients so that they can achieve the justice and fair compensation they deserve for their injuries.
To schedule a free case evaluation at our Oklahoma City, OK, legal office, contact us online or call:
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Recover the Damages You Deserve
To effectively establish damages, it is important to hire a medical malpractice attorney with a history of success in and out of the courtroom. At the TawWater Law Firm in Oklahoma City, OK, we work closely with experts, including forensic accountants, to establish our client’s monetary losses. Our case investigations include reviewing hospital records and interviewing the medical providers treating the patient. We have a reputation for results, including sizeable awards for our medical malpractice clients.
During a free consultation at our Oklahoma City, law office, our medical malpractice attorneys will review your claim and answer any questions you may have regarding your case. To schedule a free case review and learn more about how our medical malpractice lawyers can assist you, contact our team online or call:
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Damages in Medical Malpractice Cases
Similar to any personal injury case, medical malpractice damages can be awarded in several categories. The Oklahoma courts allow for recovery of economic, non-economic, and punitive damages. These damages pertain to losses the plaintiff has already experienced, as well as future expected losses. Awards of non-economic and punitive damages depend upon the severity of the injury and the degree of medical malpractice that can be established.
Conduct determined to be in flagrant disregard of the patient's safety generally results in a higher settlement or jury award. Cases of catastrophic injury, such as quadriplegia or irreversible brain trauma, warrant higher compensatory awards as well. In cases of wrongful death, family members can be compensated for their tragic loss. Economic and non-economic damages from a medical malpractice case include:
Medical bills related to the injury and ongoing medical costs for treating the injury and its symptoms, including but not limited to physical therapy, in-home care, medical equipment, and medications.
Loss of Earnings
If the plaintiff is unable to work, their earning capacity has been limited, or if the loss of earnings extends into the future, loss of wages directly attributable to the malpractice incident may be awarded. The age of the victim is relevant to an award for future financial losses as are loss of earnings if the victim dies and leaves his or her family with diminished financial support.
Pain and Suffering
There are many aspects to these types of damages. In addition to physical pain, there may be emotional trauma and the need for extended counseling. Loss of enjoyment of life, disfigurement, and reduced capacity are other examples of pain and suffering. These damages can apply to family members. A loss of companionship and consortium experienced by a spouse when a victim is permanently disabled or killed are just a couple of examples of pain and suffering on behalf of a family member.
Negligence alone will not result in an award of punitive damages in a medical malpractice case. In order for a client to receive punitive damages, there must be knowing and willful acts of negligence on the part of a health care provider. In Oklahoma, punitive damages are generally limited to $100,000 but can be raised as high as $500,000 in cases involving malicious conduct.