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Getting started with a medical malpractice case: Part I

It is only natural that when a resident of Tulsa goes to the doctor or hospital, that he or she expects to receive top-notch medical care. Unfortunately, that is not always the case. Otherwise preventable mistakes – such as a wrong-side surgery, delay in diagnosis or misdiagnosis – occur, leaving the individual worse off than before they sought treatment. If all the right legal elements are met, it may be possible for individuals in such situations to pursue compensation through a medical malpractice lawsuit. What are some of the initial steps one should take prior to pursuing such a claim?


The first step an individual may want to take in such situations, even prior to filing a lawsuit, is to reach out to the physician who made the mistake. This can help the individual learn more about the mistake and it gives the physician a chance to determine if a remedy for the individual’s situation is available. Sometimes a physician will voluntarily fix the problem at no cost.


Unfortunately, reaching out to the physician at issue may not always resolve the problem. When this happens, the next step an individual may want to take is to reach out to the medical licensing board. The board may be able to impose disciplinary measures and may be able to provide the individual with more information about how to proceed.


In addition, it is important to seek advice about the applicable statute of limitations. This is the time period an individual is able to bring a lawsuit. If the statute of limitations has passed, it is no longer possible to file a lawsuit. An Oklahoma personal injury attorney can provide residents with more information about the statute of limitations in medical malpractice cases.


These steps can be a good place to start if you are considering seeking a medical malpractice lawsuit. Our next post will go over some more steps an individual may want to take when pursuing damages through a medical malpractice lawsuit. It is important to proceed carefully both prior to filing a lawsuit and throughout the process. For this reason, consulting with an Oklahoma personal injury attorney may help.

Source: FindLaw, “First Steps in a Medical Malpractice Case,” Accessed Oct. 19, 2015


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