Medical malpractice can have severe consequences on patients, often leading to physical, emotional, and financial burdens. If you suspect that you or a loved one has been a victim of medical malpractice in Oklahoma, it is crucial to take the appropriate steps to protect your rights and seek compensation for your damages. In this blog post, we will discuss five essential steps to take after suspecting medical malpractice in Oklahoma.
1. Seek Immediate Medical Attention
If you suspect that you have been harmed due to medical malpractice, your health should be your top priority. Seek immediate medical attention from a different healthcare provider to assess and treat your injuries. Obtaining proper medical care is not only essential for your health, but it also serves as evidence in a potential medical malpractice claim.
2. Request and Review Your Medical Records
Medical records are crucial pieces of evidence in medical malpractice cases. Under the Health Insurance Portability and Accountability Act (HIPAA), you have the right to access and obtain copies of your medical records. Reviewing your records can help you identify any discrepancies or errors that may support your claim. Additionally, having a copy of your records ensures that you have access to essential information in case the original documents are misplaced or altered.
3. Document Your Experience
Keeping a detailed account of your experience can be invaluable when building a medical malpractice case. Consider the following tips for documenting your experience:
- Take notes on the timeline of events, including dates, times, and the names of the involved healthcare providers.
- Keep a journal of your symptoms, pain levels, and the impact of your injuries on your daily life.
- Gather any relevant photographs, such as images of your injuries or the medical facility where the malpractice occurred.
- Collect contact information for any witnesses who can corroborate your account.
4. Research Oklahoma Medical Malpractice Laws
Understanding the laws surrounding medical malpractice in Oklahoma can help you better navigate the legal process. Some key aspects of Oklahoma medical malpractice laws include:
- The statute of limitations: In Oklahoma, victims of medical malpractice have two years from the date of the injury to file a lawsuit.
- Damage caps: Oklahoma has a $350,000 cap on non-economic damages (such as pain and suffering) in medical malpractice cases, with some exceptions.
- Affidavit of merit: Oklahoma requires plaintiffs to submit an affidavit of merit from a qualified expert when filing a medical malpractice lawsuit. This affidavit must state that the expert believes the healthcare provider breached the standard of care, resulting in the plaintiff's injuries.
5. Consult with an Experienced Medical Malpractice Attorney
Medical malpractice cases can be complex and challenging to prove. Working with an experienced attorney who specializes in Uncovering the Truth: Investigating Medical Malpractice Claims in Oklahoma can significantly increase your chances of obtaining the compensation you deserve. A knowledgeable attorney can help you gather evidence, navigate the legal process, and advocate for your best interests.
In conclusion, taking these essential steps after suspecting medical malpractice in Oklahoma can help protect your rights and ensure you receive the compensation you deserve for your injuries. If you or a loved one has been a victim of medical malpractice, don't hesitate to contact the experienced attorneys at Brewster & De Angelis for a free consultation and case evaluation.