Yukon Medical Malpractice Lawyer
If you suffered injuries caused by a medical error that could have been prevented, it is a good idea to consult a Yukon medical malpractice lawyer. You may be entitled to compensation to help cover your added expenses and make up for the pain and suffering you endured. Because malpractice cases are complex, you may stand a better chance of recovering if you begin working with an experienced injury attorney as soon as possible after discovering the medical mistake.
In most medical malpractice cases, the injured patient is not alleging that a doctor deliberately or recklessly caused harm, but rather they did not follow standard protocol. A plaintiff is alleging that the medical professional owed them a certain standard of care and failed to provide it. As a result, the patient suffered injuries.
In many cases involving medical errors, a Yukon lawyer will bring in medical malpractice experts to testify as to what the standard of care should have been in a situation and how a doctor breached that duty. Expert testimony is a powerful asset in these cases.
Affidavit of Merit in Medical Malpractice Cases
State law requires special affidavits in cases where injured individuals seeking recovery will use expert witnesses to help establish a breach of the relevant standard of care. Therefore, this statute requires plaintiffs to present an affidavit in every medical malpractice case. In the affidavit, the patient swears that they have obtained an expert opinion that deemed their claim has merit.
The Oklahoma Statutes, §12-19.1 requires the affidavit to specify that the medical opinion:
- Comes from a qualified expert
- Was given after a review of the facts
- Identifies the person bringing the claim
- States that an interpretation of the facts would support a finding of negligence
- States the acts or omissions that constituted negligence in the expert’s opinion
- Includes reasons why the acts or omissions constituted negligence
Claims filed without obtaining this opinion will be dismissed by the court. However, the statute specifies that the expert’s written opinion will not be admissible in court, and inquiries about the opinion are not permitted during discovery. Instead, a medical malpractice attorney in Yukon will usually need to bring in an expert to testify regarding the finding of negligence.
Statute of Limitations in Yukon
State law limits the amount of time an injured patient has to file a claim for negligence on the part of a doctor, hospital, or health care provider. Under Oklahoma Statutes §76-18, an action must be brought within two years from the time the incident occurred.
An exception to this rule is when the malpractice is not made immediately apparent. The patient would have two years from the time they should have known of the injury, assuming they exercised due diligence. The time limit may also be extended if the injury occurred while the patient was a minor. A Yukon lawyer could ensure that a medical malpractice case is prepared and filed by the deadline.
Consult With a Yukon Medical Malpractice Attorney
A patient injured by medical negligence could receive compensation to cover both economic and non-economic damages. Economic losses include lost wages, medical bills, and future needs. Non-economic damages include emotional anguish, pain, suffering, and inconvenience. State law puts a cap on the amount of non-economic damages a patient may receive, but there is no limit on economic damage awards.
If you were harmed by medical mistakes that could have been prevented if a doctor had only exercised due care, a Yukon medical malpractice lawyer could help. Call now for a consultation.