Medical malpractice occurs when a doctor, hospital, nurse, or provider’s care or treatment falls below the acceptable standard or the provider fails to provide a treatment, and that failure falls below the standard of care.
Through years of research and practice, specialists, doctors, nurses and other care providers have established “standards of care” applicable to the injuries, diseases and illnesses people suffer. As a result, we anticipate few unexpected consequences. These standards protect patients and allow caregivers to perform life-saving procedures.
Physicians should advise patients of the risks and consequences associated with any treatment, any alternative treatments, or options. Additionally, they should seek informed consent from the patient or, if necessary, the patient’s family, or responsible loved one before moving forward. Yet some doctors and hospitals neglect their professional standards of care, and some hospitals and clinics cut corners. Patients are injured and sometimes die as a result. This is medical malpractice.
In a legal case, a “standard of care” is established first by consulting an independent medical expert in the same field or specialty as the treating doctor or care provider. This expert reviews the injured party’s facts and records and then helps determine whether the treatment, or lack of treatment, fell below the medical standard of care.
A “standard of care” may require a specialist doctor to conduct or supervise a medical procedure. Inadequate supervision, botched procedures, or lack of care can hurt a patient and be a cause for a medical malpractice claim. Further, a routine diagnostic test or procedure not done, but called for under the circumstances, with injury being the result, could be a medical malpractice claim.
Another form of medical malpractice involves medication errors. Care providers and hospitals should prescribe the correct medication, carefully check for allergies, provide the correct pills to the right patient, and stop a medication when it’s no longer needed or effective. Pharmacy mis-fills occur too and can also result in a medical malpractice claim. Doctors and hospital staff are obligated to be on the alert for and plan for these occurrences.
In addition, clinics, hospitals, and rehabilitation centers can harbor deadly infections. Bacteria spread in medical settings is something all care providers should be alert to and plan against. Clinical practice requires routine and detailed sterilization procedural control to stop the spread of bacteria and fungus to a patient.
Getting all the facts and records in a timely manner is crucial. The applicable Oklahoma statute of limitation on medical malpractice is only two (2) years from the date of the harm, or when the plaintiff could reasonably have known he/she was harmed by the treatment or lack of treatment.
Medical malpractice cases are typically vigorously defended. An experienced malpractice attorney like Tim Gilpin should be consulted as quickly as possible so the facts and records can be discovered and preserved.
We all go to the doctor or hospital expecting the best care. We hope the people taking care of us are the good guys. Most of them are, but some physicians don’t belong anywhere near you and have no business making medical decisions that will impact the rest of your life. And, some hospitals do not fully or adequately monitor the doctors and care providers hired, and allow them to practice in their facility.
Sometimes our clinics and hospitals fill their staff with recruits from out-of-state with less than desirable medical experience and qualifications. Some doctors, nurses and care providers are incompetent, preoccupied, or in no state to make life-altering, or life-ending decisions. Whether you came in for a routine out-patient procedure or specialized treatment, the law requires that your care be up to the expected medical standard. When the treatment, or lack of treatment falls below that standard of care, it’s medical malpractice.
If you are injured, or a loved one dies, an experienced malpractice attorney is needed—one who is not afraid to take on the medical profession and its insurers. Tim goes the extra mile to successfully represent malpractice cases in Oklahoma and has handled cases that required specialized attention and the grit to see them through.
Tim has won his clients, and their families, millions of dollars. Some cases Tim has worked on involved a client blinded by negligent doctors, pharmacy prescription mis-fills, wrongful death due to a doctor’s personal irresponsibility, and professional incompetence.
Contact Tim Gilpin for a free consultation. No fee if no recovery.
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