Tulsa Hospital Liability Attorneys

Hospital & Emergency Room Errors in Oklahoma

Like doctors, nurses, surgeons, and other healthcare professionals, medical facilities have a responsibility to provide patients with an acceptable level of care. If you were injured or if your loved one died after receiving substandard care in a hospital or emergency room, you could be entitled to financial compensation.

It is important that you contact an experienced medical malpractice attorney, as hospital liability cases can be challenging to win without the help of a legal team. At Brewster & De Angelis, we have been representing individuals and families throughout Oklahoma for over forty years, providing compassionate and personalized legal representation backed by a longstanding history of success. Our Tulsa hospital negligence lawyers know how to navigate the legal system and are prepared to aggressively advocate for the full, fair compensation you are owed.

Schedule a free initial consultation with our team today; call (918) 742-2021 or contact us online.

Examples of Hospital Negligence

Hospital negligence can take place in any department, including emergency rooms, delivery rooms, and operating rooms. Anyone who visits the hospital, whether or not they are admitted, could become the victim of a preventable medical error.

Some common examples of hospital negligence include:

• Misdiagnosis, failure to diagnose, or delayed diagnosis
• Misreading or improperly analyzing test results
• Hospital laboratory errors
• Surgical errors, including unnecessary surgery
• Medication mistakes, including anesthesia errors
• Failure to obtain informed consent prior to a procedure
• Ignoring a patient’s symptoms
• Emergency room errors and negligence
• Poor follow-up/aftercare
• Mistakes with patients’ medical records
• Failure to provide for admitted patients’ needs (malnutrition, dehydration, etc.)
• Birth injuries, such as failure to order a timely cesarean section (C-section)

Hospital negligence and preventable errors can have devastating consequences. Patients may not receive the treatment and care they need, leading to worsened conditions, catastrophic injuries, life-threatening complications, and death. Moreover, the emotional and psychological impact of such medical negligence often extends beyond physical damage, affecting the mental health and stability of the patient and their families. It’s crucial to pursue legal avenues not only for financial compensation but also to initiate changes in hospital protocols and prevent future errors.

Holding a Hospital Accountable

Like other employers, hospitals are generally considered liable for the conduct of their employees. As such, if you or a loved one was harmed due to a hospital employee’s negligence, misconduct, or error, you could have a claim against the hospital itself. Accountability is essential, as it ensures that hospitals maintain high standards of care and that lapses in these standards are addressed promptly.

To have a case against a hospital, you will likely need to prove the following:

• You were a patient at the hospital
• You received substandard care from a hospital employee or staff member
• You were injured and/or suffered measurable damages
• The hospital employee or staff member’s conduct was the cause of your injuries/damages

Note that hospitals are not considered legally responsible when patients are injured due to the negligence, misconduct, or error of an independently contracted or self-employed medical provider. This may apply to certain physicians, surgeons, and specialists.

At Brewster & De Angelis, our Tulsa hospital negligence attorneys can review the details of your case to determine exactly who is liable for your damages. We work with expert witnesses, including medical professionals, to obtain clear and powerful testimony on behalf of our clients. Our collaborative and aggressive approach to litigation has helped us recover many significant results, including both settlements and verdicts. Additionally, we strive for a comprehensive understanding of each situation, ensuring that no detail goes overlooked and that every possible legal avenue is considered.

The Effects of Hospital Negligence

Our firm has seen firsthand just how devastating hospital negligence can be, both for victims and their loved ones. Preventable errors and misconduct such as medication errors, incorrect procedures, or off-label treatments can lead to permanent injuries, impairments, and disabilities, which may affect victims for the rest of their lives. Many people who are injured due to hospital negligence require additional medical care, which can be expensive and time-consuming to obtain. They may be unable to work and earn a living to support themselves and their families; in some cases, they may be permanently unable to obtain gainful employment due to their injuries.

All of this results in considerable physical, emotional, and financial hardships. When a person dies due to hospital negligence, their surviving family members are left with unimaginable emotional distress and a need for justice. The legal process can provide some relief by holding responsible parties accountable and potentially preventing future occurrences, which can be a crucial step in healing.

At Brewster & De Angelis, we help our clients seek full and fair compensation for all of their damages, often including but not limited to:

• Medical expenses
• Future medical care costs
• Pain and suffering
• Emotional distress
• Lost income/wages
• Diminished earning ability
• Loss of future income
• Lost quality/enjoyment of life
• Funeral/burial expenses
• Loss of love, companionship, and support

Note that the state of Oklahoma caps non-economic damages in medical malpractice cases at $350,000. This means that you cannot receive more than $350,000 in damages for intangible losses, such as pain and suffering, emotional distress, and lost enjoyment of life. Understanding these caps can help you manage expectations and plan for financial recovery strategies accordingly.

Frequently Asked Questions

What Should I Do If I Suspect Hospital Negligence?

If you suspect that you or a loved one has been a victim of hospital negligence, it’s crucial to act promptly. Start by requesting a complete copy of all medical records, which will be important for establishing the timeline and specifics of the care you received. Document any communication with healthcare providers and gather evidence such as photographs or witness statements if applicable. Consulting with a qualified hospital negligence attorney can provide clarity on your situation, offering guidance on whether pursuing legal action is appropriate and what steps should be taken next. A hospital malpractice lawyer Tulsa can also help determine whether the hospital’s actions deviated from the acceptable standards of medical practice.

How Long Do I Have to File a Hospital Malpractice Claim in Oklahoma?

Oklahoma has a statute of limitations that dictates the timeframe within which you must file a hospital malpractice claim. Generally, you have two years from the date of the negligent act or from when the injury could have been reasonably discovered to file a lawsuit. However, there are exceptions, such as cases involving minors or where fraud is involved, which might extend this period. It’s critical to consult with legal counsel as soon as possible to understand how these timelines apply to your specific case. Delays in filing could result in losing the right to pursue compensation entirely, reinforcing the importance of timely legal advice.

Can I Sue a Hospital for Another Doctor’s Mistake?

It is possible to sue a hospital for the mistakes of a doctor, but it depends on the employment status of the doctor. If the doctor is an independent contractor and not a direct employee of the hospital, the hospital typically is not liable for the doctor’s actions. Conversely, if the doctor is a hospital employee, the institution may be held accountable. Understanding these distinctions is vital and typically requires thorough investigation and legal insight. At Brewster & De Angelis, we can help assess the specific details of your situation to identify all liable parties and maximize your potential for recovery.

What Types of Compensation Are Available Through a Malpractice Claim?

A successful malpractice claim can lead to various types of compensation to address the damages suffered. Primarily, economic damages cover tangible losses such as medical expenses and lost wages. Non-economic damages may include compensation for pain and suffering, emotional distress, and loss of companionship. In some instances, punitive damages could be awarded if the hospital’s conduct was particularly egregious. Oklahoma has caps on non-economic damages, which are currently set at $350,000. Each case is unique and requires a detailed assessment to determine appropriate compensation, underscoring the importance of comprehensive legal guidance.

How Can Brewster & De Angelis Help With My Hospital Malpractice Claim?

Brewster & De Angelis brings decades of experience and dedication to each hospital malpractice claim we handle. We are committed to understanding the intricacies of each situation and tailoring our strategies to best meet the needs of our clients. Our team offers guidance in navigating the complexities of hospital malpractice law, utilizing local knowledge and a compassionate approach to ensure that our clients receive the representation they need and deserve. We understand the profound impact of hospital negligence on your life and work passionately to achieve a resolution that not only compensates but helps to restore confidence in healthcare systems.

Schedule a Free Consultation with Our Hospital Liability Lawyers

When you visit the hospital, you deserve the highest level of professional medical care. If you believe that you did not receive adequate care, or that your loved one’s death was the result of a preventable medical error, Brewster & De Angelis can help.

We offer highly personalized and compassionate legal services, as well as aggressive representation tailored to you and your unique case. Our attorneys work together to develop innovative legal strategies on behalf of our clients. You can rely on us to be communicative, accessible, and honest with you throughout the entire legal process. We are committed to being advocates not only for your legal needs but for your overall well-being, as we understand the profound impact hospital negligence can have on your life.

Get the help you need today; call our Tulsa hospital liability attorneys at (918) 742-2021 or contact us online for a free consultation. There are no fees unless we win your case.