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Medical Malpractice

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Nicholas Farha Attorney

Oklahoma City Medical Malpractice Lawyer

As a patient, you expect your doctor or healthcare provider to put your best interests first and be competent to diagnose and treat what ails you accurately and effectively. Unfortunately, some practitioners break the bond of trust between doctor and patient, jeopardizing their patient’s health and safety by providing substandard medical care through careless or negligent actions.
Considering litigation after you receive substandard medical care is an enormous decision that you must make at a time when you already feel physically and emotionally vulnerable. At Farha Law, PLLC, lead attorney Nicholas G. Farha provides legal guidance and compassionate support to our Oklahoma City patients who are struggling with the aftermath of a significant medical error.
Medical malpractice cases are highly fact-specific. Contact our office today to learn about your legal options for pursuing an Oklahoma City medical malpractice case and request a free case evaluation.

What Is Medical Malpractice?

Medical malpractice can be a confusing legal concept. Legally, medical malpractice occurs when a doctor or other medical professional provides substandard medical care that does not align with the medically applicable standard of care. This substandard level of care results in a patient suffering significant harm or injury.
Proving medical malpractice often comes down to establishing the following:
  • A healthcare provider-patient relationship
  • The applicable medical standard of care or treatment for the patient’s circumstances
  • How the doctor, healthcare practitioner, or facility provided substandard medical care below the applicable medical standard
  • The medical provider’s negligence caused harm or injury to the patient

The applicable standard of care is what a similarly trained physician would provide given the same set of circumstances. If an expert medical witness determines that your provider did not meet this standard, you may have a valid medical malpractice case.

Common Errors that Lead to Oklahoma Medical Malpractice Cases

There are several ways that substandard medical care can lead to a medical malpractice case. Some of the most common incidents and errors that affect patient care and cause harm can include:
  • Surgical errors
  • Anesthesia errors
  • Misdiagnosis
  • Delayed diagnosis
  • Failure to diagnose
  • Failure to treat
  • Medication errors
  • Prescription drug errors
  • Unnecessary surgeries or treatments
  • Laboratory errors
  • Procedural errors
  • Failure to inform
Wrong-site surgeries, birth errors, misdiagnosis, and failure to diagnose or treat are some of the most common errors that can lead to poor patient outcomes and injuries. However, because medical malpractice cases are so complicated and fact-specific, it is best to discuss your unique situation with an experienced Oklahoma City medical malpractice attorney as soon as possible.  

Compensation for Medical Malpractice in Oklahoma City

Estimating what an Oklahoma City medical malpractice case is worth can be challenging. Several factors can influence the value of a case, including the severity of a patient’s injuries. Sometimes, a medical provider or insurer may try to settle with patients, offering them compensation for their injuries or medical expenses. Before you accept anything from anyone, discuss your situation with a skilled medical malpractice attorney. A settlement offer you receive from an insurer or other party that didn’t come through your attorney may not adequately compensate you for your injuries and losses, especially if your injuries caused long-term damage, disability, or medical complications. Additionally, accepting a settlement typically also means signing away your legal rights.
A medical malpractice attorney can review your situation and calculate the value of your case. Every case is unique, and you deserve the opportunity to pursue fair compensation without facing pressure from an aggressive insurer to settle for less than what you claim may be worth. Sometimes, the best path forward is a personal injury lawsuit spearheaded by an aggressive attorney looking out for your best interests.
Although every case is unique, most medical malpractice victims can pursue money for the following:
  • Medical expenses
  • Lost wages
  • Loss of earning capacity
  • Emotional distress
  • Pain and suffering

In rare cases involving malicious or intentional acts, an individual may also be awarded punitive damages. Punitive damages do not cover your injuries or losses. They are a form of financial punishment leveled against the wrongdoer to help prevent others from engaging in the same conduct. Oklahoma law caps punitive damage awards depending on the seriousness of the hazard or misconduct.

The same Oklahoma law also limited noneconomic damages. Noneconomic damages include quality of life alterations like emotional distress and pain and suffering. The law limits an award to $350,000 in medical malpractice cases. However, in a 2019 ruling, the Oklahoma Supreme Court ruled that the cap was unconstitutional and, therefore, unenforceable.

Statute of Limitations for Oklahoma Medical Malpractice Cases

An individual trying to get the proper medical treatment and get back on their feet again may find it challenging to find the time to seek legal assistance. However, consulting a skilled medical malpractice attorney as soon as possible is always in your best interest. Oklahoma law limits your time to file a medical malpractice case against a negligent doctor or healthcare provider.
Individuals have two years from the date of injury or the date the individual should have reasonably known about the injury to file a medical malpractice lawsuit. The patient must prove that if they did not know about the injury immediately, they discovered it through the “exercise of reasonable diligence.” Waiting too long to file a medical malpractice case can be devastating. Filing after the legal deadline means you lose leverage to negotiate outside court for maximum compensation. It also means your case faces dismissal, and you’ll have no chance to have a judge or jury hear your case.
Proving medical malpractice can be challenging. Getting an attorney on your side as early as possible is the best way to improve your chances of obtaining a favorable outcome to your situation. An attorney can immediately work to collect and preserve crucial evidence and medical documentation before it can be lost or destroyed. They can also manage strict legal deadlines, keeping all your legal options for seeking compensation open.

Do You Need a Medical Malpractice Attorney?

Yes. Working with an experienced medical malpractice attorney is essential. Medical malpractice cases are complicated and highly challenging. You must enlist the help of an Oklahoma attorney who understands the process and can help you navigate the complexities of proving a medical malpractice case.
Our legal team at Farha Law, PLLC understands the Oklahoma laws that can affect your case. We also know how to build an effective and strategic plan that offers you the best chance at recovering the compensation you deserve. From state to finish, we put your best interests first and can help you manage this difficult time by:
  • Thoroughly reviewing the facts
  • Collecting and preserving evidence
  • Helping you understand your legal rights
  • Managing communication with all parties involved
  • Building a compelling claim
  • Negotiating with insurers of other involved parties
  • Preparing a case for court when necessary
  • Providing emotional support
A dedicated medical malpractice attorney can make all the difference to your situation.

Get the Help You Need to Manage Your Medical Malpractice Case

At Farha Law, PLLC, our team proudly represents Oklahoma City residents’ interests, meeting the community’s diverse needs and providing comprehensive legal services. If you suffered because of a medical professional who provided substandard care to you or a family member, talk to our compassionate team today.

Take the first step and contact our office for a free consultation. Let us explain more about your rights and how we can help.

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