Many medical malpractice cases go unreported. Often, victims of medical malpractice think that bringing a case won’t be worth their efforts and that they can’t succeed in a lawsuit against a physician or other health care professional. However, although this kind of personal injury case can be difficult to prove, it is far from impossible. This article explains what proof is needed for a medical malpractice case in Oklahoma.
What proof do I need?
First, you and your attorney must prove that the physician owed a duty of care to you. In general, a duty of care is owed the moment the physician establishes a relationship with a patient. Most people think of physicians or surgeons when they think of medical malpractice; however ,medical malpractice does not only apply to physicians. Any other health care professional that has a duty of care to you can be named in a medical malpractice suit.
Second, you must prove that the doctor breached the standard of care, which basically means that the medical professional did not perform his or her duties in the manner in which a reasonable person in his or her position would be expected to perform. It’s not enough to claim there was a breach of the standard of care; it must be proved by expert witness testimony. In order to prove it, your medical records may be analyzed by a competent physician who will be able to give an opinion as to whether or not there was a breach of the standard of care.
Third, you must prove that you suffered serious injuries as a direct result of this breach of the standard of care. In order for a medical malpractice case to stand up in court, both a breach of standard of care and serious injury as a direct result must be present. If there is simply a breach with no injury sustained, there is no case.
Finally, you must prove that you suffered damages (physical, emotional or financial) as a result of the injury you suffered. As a victim of medical malpractice, you have the right to be compensated for a wide variety of damages, such as medical bills, the loss of enjoyment of life, and the loss of future earnings. If the malpractice results in your death, your family and heirs will have the right to recover damages.
Free Consultation: Oklahoma Medical Malpractice Attorney
If you feel that you have been a victim of medical malpractice, contact a qualified Oklahoma medical malpractice attorney to evaluate your case. For a free, no-risk consultation with a knowledgeable Oklahoma City medical malpractice attorney, call today: (405) 716-4878 (716-HURT).
If you prefer, you may send your question via e-mail using the form at the top right of this page. We’ll get in touch with you as soon as possible. Don’t wait another minute to find out what you may be owed. Call Personal Injury Law Office of Oklahoma City today!