Oklahoma City Medical Malpractice Case Process
If you or a loved one have been subject to medical malpractice, you should reach out to a lawyer as soon as possible. An attorney could help you collect the medical records by requesting to have a HIPAA release signed for you. The lawyer will then consult with another doctor to determine how the negligent party operated below the standard of care.
A dedicated lawyer who is experienced with the Oklahoma City medical malpractice case process could help you recover the damages you deserve. Call an accomplished medical malpractice lawyer today and set up a consultation.
Steps to Take When One Believes They Have Grounds for a Case
The first thing a person should do if they believe they have been a victim of medical malpractice is seek a second opinion. They should also consult with an attorney to find out if they have a case.
Calling a personal injury attorney should be done urgently because the lawyer is going to be able to get the records and the opinion testimony from the get-go and make sure the follow-up treatment is done correctly. An attorney will make sure the case is properly documented and that no deadlines are passed such as the statute of limitations.
Investigating a Medical Malpractice Case
The process of investigating a medical malpractice case in Oklahoma City involves collecting all the medical records, gathering evidence, and having a doctor evaluate the case based on the standards of care that the negligence doctor should have been following. After that doctor evaluates the case, the next step is to pursue a settlement through pre-suit negotiations. If the negotiations are not successful, the next step is to file suit.
The evidence typically involved in a medical malpractice case includes medical records, bloodwork, surgical notes, and any photos.
Who Determines Whether Medical Malpractice Cases are Settled?
The insurance company for the hospital typically determines whether these cases are settled out of court or whether they go to litigation. If the insurance company does not want to settle, then the next step is to file a suit. Also, if the claimant feels that the settlement offer is not enough, they can choose to file a suit and go to court instead.
What makes Oklahoma City unique in terms of medical malpractice claims is that most of the time the juries rule in favor of the hospital and doctor. Even though the doctor may have operated below the standard of care, they tend to give the doctor or hospital the benefit of the doubt.
A common trend regarding medical malpractice cases is that most of them settle, but it is usually well after all the case is ready to go to trial so all the work has been done on the case other than going to trial.
Call an Oklahoma City Lawyer About the Medical Malpractice Case Process
Medical malpractice can lead to severe injuries and long-term complications. If you or a loved one have been a victim, it is only fair that you are able to recover compensation. Call today to learn more about the Oklahoma City medical malpractice case process and how an attorney could help you.