Monday, September 19, 2016

Oklahoma Lawyers Explain Medical Malpractice Laws

Medical malpractice cases might not be as common as some think they actually are, but it certainly doesn’t hurt to understand the basics behind these types of cases. By definition, a medical malpractice incident occurs when a patient is harmed by a medical professional who had failed to competently perform his duties.

Just like in other states, Oklahoma lawyers adhere to the specific rules and statutes of the state when handling a medical malpractice case. This means the rule of law encompassing medical malpractice can vary from state to state although some general rules might still apply.

Oklahoma Medical Malpractice Laws: What You Need to Know

The first thing you need to know is that Oklahoma has a statute of limitation for medical malpractice cases, which is three years. The three-year limit usually starts when the injury, or results thereof, begins to show. This is why determining whether you are still within the statute of limitation to file a case can be quite tricky. You will definitely need the help of a seasoned Oklahoma medical malpractice lawyer to establish the timeline if you want to pursue a legal case.

Another thing that Oklahoma laws limit is the amount of the economic damages that can be awarded to the plaintiff if he wins the case. The amount is capped at $350,000. However, if the defendant was found to have acted with malicious/fraudulent intent to cause harm, reckless disregard or gross negligence that led to the injury or wrongful death, the judge trying the case can award punitive damages that exceed this cap.

While it is true that winning a malpractice case will not necessarily bring the health or life of the victim/patient back, it can still give some sense of relief to the victim’s family when justice is rightfully served.

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