Liability in Oklahoma City Medical Malpractice Cases
If you suffered injuries or illness due to the negligence of a health provider, you may be eligible for financial compensation. However, filing a medical malpractice claim and recovering compensation can be challenging. It is important to know who is actually liable for your injuries or illness. Liability is based on the standard of care a doctor owes a patient, and should they fall below that standard, the medical professional could be held responsible for the injuries the patient then suffered. Understanding liability in Oklahoma City medical malpractice cases could help you and your attorney build a strong case. Reach out to a seasoned medical malpractice lawyer today.
Consent Forms and Liability
Signing a consent form before a procedure can affect the validity of one’s medical malpractice case. A consent form is for the risk of the surgery or procedure, not the doctor performing malpractice.
Should a patient be experiencing symptoms that were listed on the forms they signed, but did not thoroughly read, the medical professionals cannot be held responsible. If a patient failed to read forms before signing, it can negate their case if they were contributing to the injury.
Any type of treatment has risk, but malpractice falls outside the general risk. A person cannot be prevented from filing a claim when the scope of the damages goes beyond reasonable expectations. For example, if a doctor nicks a bowel during some type of stomach surgery or gall bladder surgery, that is a risk of the treatment, not malpractice. Even though it is a mistake, that is a well-known risk for those types of surgeries. Malpractice would occur if the doctor failed to note the nicked bowel and then failed to treat the injury.
Complications with Establishing Negligence in Medical Malpractice Cases
It is crucial to understand that the standard of care can make establishing liability in Oklahoma City medical malpractice cases challenging. The defense may claim that the person’s injury was a risk of the treatment or that the medical professional did not operate below the standard of care.
Liability occurs in misdiagnosis cases if a doctor should have performed tests or they did the tests but did not properly read the tests. For example, if the bloodwork, CT-scan, or X-ray shows a medical issue and the doctor did not treat the issues, then a misdiagnosis occurred.
In these cases, a doctor could be at fault for something they did not do because it is something they should have done. If someone’s bloodwork shows they likely have a disease or condition that requires treatment and a doctor does not order them follow-up treatment or refer them to a specialist, they could be held responsible.
A common misconception about liability in medical malpractice is that when an error is made, it is the doctor’s fault. It is crucial to determine the proper defendant.
In a prescription drug error case, it might be the pharmacy or the hospital’s fault. Generally, if a doctor properly diagnosed illness and prescribed the correct medication, but the pharmacy or the hospital filled the wrong prescription, then the doctor is not liable.
Call an Oklahoma City Lawyer About Liability in Medical Malpractice Cases
Determining liability in Oklahoma City medical malpractice cases is critical in building a strong case and getting you the compensation you deserve. However, the process could be more complicated than you may expect. A seasoned attorney could look over the facts of your case and help determine who is at fault. Call today and schedule a consultation.