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Medical Malpractice and Legal Aspect in OKC
Legal Aspect of Medical Malpractice in OKC
It is widespread for people to interchange the phrase “medical negligence” and “medical malpractice.” It is easy to assume that they would mean the same thing. Legally, it is not that simple.
Medical negligence in the eyes of the law is just that, medical professionals acting in a negligent manner or making a mistake in their treatments. This negligence does not legally become malpractice until injury or harm has come to the patient.
Defining Medical Malpractice
Medical malpractice only occurs when a mistake made by a medical care provider harms the patient. The harm caused by the medical professional must do one or more of the following to the patient:
• Cause their condition to worsen or require additional or extensive treatment
• Cause their condition to become untreatable
• Cause physical injury to the patient
• Cause unnecessary or unexpected side effects from the care
• Cause the patient to undergo additional or corrective treatments
• Cause the patient to become disfigured
Additional incidence can happen that are considered a malpractice event. If you believe that you have been harmed by a medical professional, it is very important that you seek legal representation from OKC medical negligence attorneys.
Poor Results Is Not Considered Medical Malpractice In Most Cases
One of the most important things about medical negligence cases is determining if the poor outcome of a medical procedure was due to negligence. Sadly, no medical treatment or medication is 100 percent guaranteed to work or produce the desired results for the patient.
The poor outcome of medical treatment must result in an injury to the patient. This injury must be something that would not normally have occurred in the course of treatment had the medical care provider not been negligent in their actions. Not getting the desired results from your medical care will not qualify as medical malpractice.
Who Can Be Held Responsible For Medical Malpractice?
Medical malpractice is a broad term that applies to almost every profession in the medical field. Malpractice is not restricted to just doctors. You can be found responsible for malpractice if you are a:
• Nurse Practitioner
• Nurse, Nursing Assistant or Nursing Helper
• Dentists / Orthodontists
Anyone that provides direct medical care to the patient can be found responsible for medical malpractice if their care harmed the patient.
Common Forms Of Medical Malpractice
There are no set types of medical errors that qualify as medical malpractice. Any type of error or treatment that has caused harm is an act of malpractice. However, certain forms of malpractice occur more often than others.
• Failure to Diagnose. If a doctor fails to diagnose a serious condition, misdiagnoses a condition, or delay diagnoses of a condition that leads to harm, they are acting negligently. Failing to diagnose a serious condition can cause the patient to miss the opportunity to easily treat the condition or miss the ability to treat or manage the condition at all.
• Surgical Errors. Any error occurring in a surgery that causes harm to the patient is malpractice. This also includes dental surgeries.
• Infections. If you are being treated for a medical condition, including post-operative, and your care providers do not practice safe sanitation methods, infections can spread. If your surgical site becomes infected or you develop blood infections after surgery, malpractice may be the cause.
• Diagnostic Errors. If your tests were conducted incorrectly or interpreted incorrectly, it could lead to a delayed diagnosis. This is a form of malpractice.
• Emergency Room Errors. People go to the ER with medical conditions that need immediate attention. Because these areas are often very busy and sometimes overcrowded, mistakes can happen in the care of the patient.
• Labor and Delivery Errors. Many different circumstances can lead to injuries in the labor and delivery process. Injuries to the infant can lead to life-long conditions. Injuries to the mother can lead to severe conditions like internal bleeding, ruptures, infertility, or death. Labor and Delivery errors often result in serious injuries.
If you have a question about a potential medical malpractice event, you are encouraged to speak with OKC medical negligence attorneys about your case. Your attorney can review the facts of your injury and help you decide how to proceed with your claim for compensation.
You Will Need The Help Of An Attorney To Prove Your Medical Malpractice Case
Proving an injury was medical malpractice, and not just negligence can be complicated. It takes knowledge of the medical industry and the law to determine if an action was malpractice. Oklahoma law also requires that another medical professional affirms that malpractice has occurred for the court system to accept the case.
Working with a law firm that has dedicated attorneys who help people victimized by medical malpractice is the best choice for a successful case. Their knowledge of similar cases, access to medical professionals, and legal expertise allows them to build solid cases on your behalf to show that malpractice did occur.
Having a medical malpractice attorney representing your case also ensures that you receive all of the compensation that you are entitled to under Oklahoma law. Many insurance companies push for quick closure on these types of cases because they know that will reduce their overall cost. Many of these insurers also “lowball” or “forget” types of compensation which you are entitled to help their bottom line.
Your attorney will review any settlement offer and make sure that it is complete and that it is fair. They will only recommend that you accept a settlement offer if it is in your best interests.
Medical malpractice affects the whole community. Not only is the person who was injured physically and mentally affected, but their loved ones are impacted as well. People in the community are also impacted when a local doctor or medical center quickly becomes known for malpractice. Many people will start avoiding medical care, even in their time of need.
The best way to fight malpractice is to hold those responsible for it accountable for their actions. Seeking compensation for a malpractice event lets these medical care providers know that their activities were unacceptable and will not be tolerated.
Protect yourself from the financial hardships often associated with medical malpractice by seeking compensation for your losses. Speaking with an attorney about your case will help you move in the right direction about making a claim and winning your case.