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Articles Tagged with Medical Malpractice

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Medical malpractice is not something most Oklahomans associate with personal injury. In reality, a medical error can result in a catastrophic injury and leave a patient with physical and emotional distress and financial problems because of the expense of treatment. Victims and their families can pursue a legal remedy by filing a medical malpractice claim to seek some measure of justice and to assert their need for compensation to cover medical expenses and related damages.

In Oklahoma, victims need to file medical malpractice lawsuits within two years of their discovery of the medical error. Cases filed after this period are usually declared invalid. This statute of limitation, however, only holds for adults who are victims of medical mistakes. For children 12 or younger, the period is longer – seven years after the injury is discovered. For children older than 12, the period becomes more complicated. They have until age 19 to file a claim themselves or have one filed on their behalf by their parents or a legal professional. In all cases for those older than 12, they have a minimum of two years to file.

Oklahoma also has laws in terms of damages victims can receive. If the evidence shows that there was indeed negligence and malice on the part of the hospital or medical practitioner, then victims can be awarded punitive damages up to $500,000. If a court finds a defendant acted in reckless disregard, the amount is capped at $100,000. If a court deems that a defendant overwhelmingly acted with malice, reckless abandon and the intent to harm another person, then the court can award any amount it sees fit. Economic damages are not subject to limits.

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The untimely or accidental death of a loved one is always a challenging time. Besides the emotional pain brought by a sudden death, surviving families can suffer financial problems as well. When the death is caused by the wrongful or negligent conduct of another party, Oklahoma families have the right to seek justice and minimize financial repercussions by filing a wrongful death lawsuit.

What is a wrongful death lawsuit? A wrongful death lawsuit is a legal action that holds a person or entity responsible for the untimely death of a person due to medical malpractice, unsafe premises, a motor vehicle accident, a defective product or other negligence or wrongdoing. The lawsuit asserts that if not for the conduct of the entity or person, the fatal accident would not have happened. The plaintiffs can seek monetary damages including reimbursement for medical and funeral expenses, loss of financial support, loss of companionship, the grief of surviving children, parents and spouse, and the mental pain and suffering of the decedent.

Who can file the lawsuit? The personal representative of the decedent can file the lawsuit on behalf of surviving family members. It is generally recommended that the personal representative hire an attorney to prepare the lawsuit and represent the family’s interests in court.

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A routine visit to a chiropractor or a medical practitioner often results in minor health adjustments for Oklahomans; it often leads to a few reminders about living a healthier lifestyle and taking some medicine or supplements. However, when the visit results in a person’s death, there may be something wrong with the procedure that the person underwent. This is what is suspected after a man suffered a stroke and eventually died following a routine visit to a chiropractor.

The 30-year-old man went to his chiropractor for what was described as a “standard visit.” However, during his stay, he suffered an acute cerebellar infarction, which is commonly known as a stroke. Instead of calling 911 or taking him to a hospital, the chiropractor called the man’s father to pick him up. The man was eventually transported to an emergency room. After around six hours, he was transferred to another medical facility, where he succumbed to stroke. An autopsy indicated that the stroke was due to neck manipulation.

The state’s chiropractor association issued a statement regarding the man’s death. While they sent their condolences to the family, the association also stated that no medical procedure is without risks and emphasized that chiropractic practices have one of the lowest medical malpractice insurance rates.