Oklahoma Medical Malpractice Law
Oklahoma medical malpractice law establishes the procedures a patient (of the family member of a deceased individual) to pursue a claim for compensation against a health care provider.
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Time Frame
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The Oklahoma statute of limitations establishes the time frame for filing a medical malpractice lawsuit. A medical malpractice lawsuit must meet the deadline or you become barred forever from bringing a case. You must file medical malpractice lawsuit within two years of the date you became aware of the injury.
Expert Insight
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Expert testimony proves necessary in nearly all medical malpractice cases in Oklahoma. Oklahoma medical malpractice law requires testimony from an expert establishing the "standard of care." Standard of care establishes what a doctor should or should not do in regard to a particular patient. A deviation from these expectations is medical malpractice.
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Exception to Expert Insight
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The only exception to expert testimony in an Oklahoma medical malpractice case involves "gross negligence." Gross negligence includes conduct so egregious that a layperson readily knows it is not appropriate. An example of gross negligence includes the amputation of the wrong limb.
Punitive Damages Cap
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Oklahoma law caps punitive damages (damages beyond the actual compensation awarded for medical expenses, lost wages as well as pain and suffering) to $100,000. However, if a demonstration shows that a health care provider's damage causing conduct is intentional or malicious, the cap rises to the greater of $500,000 of twice the compensatory damages awarded.
Warning
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The Oklahoma medical malpractice law is complex. Most people are best served engaging the services of attorneys to represent them in medical malpractice claims and cases. The Oklahoma Bar Association maintains a directory of attorneys in different practice areas, including in the medical malpractice arena.
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References
Resources
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