Who is Entitled to Benefits if a Death Occurred due to Medical Malpractice?

Losing a loved one due to a medical mistake is devastating emotionally, physically and financially, but is especially disturbing because the death should have never happened. Medical malpractice cases, especially those that result in death, are complex, time consuming and require a great deal of resources and knowledge. For this reason, it is imperative that you hire an experienced Oklahoma City medical negligence lawyer such as the ones at Stipe Injury Law, serving Oklahoma City and surrounding areas.

If a family member died due to medical malpractice, you may be wondering who in your family is entitled to benefits due to your loss. While financial compensation varies from case to case, we can give you some basic information here. However, we encourage you to meet with us so we can go over the details of your case very carefully and give you a better idea of what you are entitled to should a claim be filed.

Most state laws allow the survivors to recover reasonable expenses of burial and medical costs as a result of the death. The judge and/or jury can consider any insurance or government benefit payments that have been made for these expenses when they award these damages along with any claims the insurance companies make for reimbursement of those payments. Survivors can sometimes collect the income the deceased would have made had the death not occurred. Compensation for grief, sorrow, and suffering may also be paid to the survivors, but again, all of this varies from case to case.

If you live in Oklahoma and have lost a loved one due to a medical mistake, please contact an Oklahoma City medical negligence lawyer at Stipe Injury Law today to schedule a confidential, no-cost consultation.

What Damages May I Receive if I “Win” a Medical Malpractice Case?

Medical malpractice cases are known for being very complex and time consuming. Stipe Injury Law in Oklahoma City, Oklahoma has knowledgeable, experienced, and compassionate medical malpractice attorneys on staff to fight for any financial compensation you may be entitled to following a medical mistake.

One word you will often hear throughout the course of your case is “damages.” Damages, measured in financial terms, is the extent of harm a plaintiff (the injured party) has suffered because of a defendant's (the accused) actions. Damages are not the same as “costs,” which are the expenses incurred as a result of bringing a lawsuit and which the court may order the losing party to pay. Damages also differ from the verdict, which is the final decision issued by a jury.

Damages are a critical element of a medical malpractice case because the plaintiff cannot recover damages for injuries that did not result from the doctor's conduct. So the plaintiff must establish a connection or causal link between their injury and the doctor's negligence. Generally, there are two types of damages available to a plaintiff in a medical malpractice case: compensatory damages and punitive damages.

Compensatory damages include medical expenses, physical therapy, long-term medical care, lost wages, pain and suffering, etc. Punitive damages are intended to “punish” the defendant and serve as a deterrent for others who may be careless in their professional behavior. If the evidence shows that the doctor, nurse or other healthcare provider acted willfully, wantonly, maliciously, fraudulently, with bad faith or with a conscious indifference to the potential consequences, the plaintiff may be entitled to punitive damages, which are also often referred to as “exemplary” damages.

If you live in Oklahoma and have suffered due to medical malpractice, please contact an Oklahoma City medical negligence attorney at Stipe Injury Law today to schedule a confidential consultation.

Who Can Be Held Liable in a Medical Malpractice Case?

Medical malpractice cases are often complex and time consuming. Having a knowledgeable, experienced legal team on your side that has the resources necessary to try these cases is imperative. At Stipe Injury Law, our Oklahoma City malpractice lawyers will work tirelessly to ensure you receive fair compensation should you or a loved one suffer injury or death due to medical malpractice.

Some people mistakenly believe that only doctors and surgeons can be sued for malpractice. That is not the case. There are a number of parties that can be held liable in a medical malpractice case including, but not limited to:

· Nurses

· Nurse practitioners

· Technicians

· Dentists

· Psychiatrists

· Physicians’ assistants

· Chiropractors

· Hospitals

Hospitals can be held directly liable for their own negligence and can also be held "vicariously" liable for the negligence of their employees. Vicarious liability means a party is held responsible not for its own negligence but rather for the negligence of another.

An Oklahoma City malpractice lawyer at Stipe Injury Law can explain liability in medical malpractice cases much more clearly. Please contact us today to schedule your personal consultation.

What Elements are Needed to Prove Medical Malpractice?

Being injured due to medical error can be devastating physically, emotionally, and financially. Losing a loved one due to a mistake made by a medical professional is especially traumatizing since, in many cases, the death could have been prevented. If the medical professionals involved had taken proper measures proper treatment been provided, your family member may still be with you. Medical malpractice cases are often very complex and require expert knowledge, as well as an abundance of resources. The Oklahoma City malpractice lawyers at Stipe Injury Law have what it takes to try these difficult cases and win.

Not all bad medical outcomes constitute medical malpractice. For instance, if you elect to have a nose job performed, and you don’t end up with that cute little celebrity nose you hoped for, then medical malpractice did not necessarily take place. According to Wikipedia, the legal definition of medical malpractice is “professional negligence by act or omission by a health care provider in which care provided deviates from accepted standards of practice in the medical community and causes injury or death to the patient.” There are four elements that must be proven in medical malpractice cases:

· A duty of care exists because of the contractual relationship between the patient and the doctor, hospital, or other health care provider

· There must be a breach, or break, of that duty

· Injury must have occurred to the patient

· Proximate cause - the injury was caused by the breach of duty

During an initial consultation with Stipe Injury Law’s medical malpractice attorneys, this will all be explained in detail and your questions will be answered. Please contact our Oklahoma City medical malpractice lawyers today to schedule a confidential consultation.

What Are Statute of Limitations?

Practically every crime has a statute of limitations, which is the time limit one has to file criminal charges or a civil lawsuit against the accused. The specific statute of limitations varies from offense to offense and state to state. If you have been injured, or a loved one has been killed, due to someone else’s negligence or wrongdoing, you must find out what the statute of limitations is so you file suit in time. The Oklahoma auto accident attorneys at Stipe Injury Law can advise you regarding the amount of time you have to file a lawsuit following a car accident in the state of Oklahoma. The longer you wait to contact us, the less time you may have to file a claim.

Under Oklahoma’s statute of limitations, car accident claims must be filed within two years of the day of the incident. If the statute of limitations expires before a car accident lawsuit is brought, a claimant faces the possibility of having his or her case dismissed.

For more information about car accident claims, please contact an experienced Oklahoma auto accident attorney at Stipe Injury Law today to schedule a confidential, no-cost consultation. We work on a contingency basis, which means we don’t get paid unless we win your case.

Why Do I Need an Attorney If I Was Injured in a Car Accident?

If you are injured in an auto accident in Oklahoma, it is crucial that you hire an experienced Oklahoma auto accident attorney to advise you on how to proceed after the accident. Insurance companies work very hard to pay out as little money as possible following a car accident and often dupe people into believing they are on their side. The auto accident attorneys at Stipe Injury Law have helped countless Oklahoma residents who have been injured in a car accident, and we can help you, too. We know the law and we know how insurance companies work. We have the knowledge and the resources to fight to get you the compensation you deserve following an accident with serious personal injury.

Our skilled attorneys will make sure you do and say the right things following your accident. We will advise you not to admit fault following the accident and not to sign anything except the police report you give at the scene. You will also be advised not speak to any insurance company and to never accept any financial settlement over the phone or in person. Every conversation you have with an insurance agent is recorded, and a recorded statement you give over the phone can definitely hurt your chances of being awarded a more appropriate settlement down the road. Our car accident attorneys will explain to you what compensation you should receive. We will explain the importance of documenting all medical care you receive. We will ask you to keep track of any lost wages due to your injuries, and we will ask you to monitor how the accident has affected your life in general.

While you focus on healing after your car accident in Oklahoma, we want to focus on getting you the financial compensation to which you are entitled. Please contact Stipe Injury Law today to schedule a confidential consultation. We work on a contingency basis, which means we do not collect any money from you unless we win your case.

My Car Accident Was Caused by a Road Defect. Can I Make a Claim?

State and federal governments are charged with keeping our nation’s roadways safe for drivers. If you were injured, or a loved one was killed, in a car accident due to a defective road surface, then you may be able to sue for damages. In cases such as this, the law varies from state to state, just as each individual car accident case varies. The Oklahoma auto accident attorneys at Stipe Injury Law can give you a better idea of what damages you may be entitled to after hearing the details of your accident.

In cases where a defect in the road surface is to blame, it is imperative that evidence from the scene of the accident is gathered as soon as possible. If you wait too long to contact a lawyer, the road can be repaired, and it will be virtually impossible to prove there was a defect on the road’s surface the day of your accident.

Roadways can develop defects over time due to lack of proper maintenance, weather, or incomplete construction. Sometimes, fixing roads will be put off by jurisdictions due to lack of money, but this can cost lives. Some of the most common road defects include:

· Potholes

· Uneven payment

· Low shoulders

· Lack of signs

· No guardrails

· Construction site negligence (abandoned equipment, incomplete work)

If you live in Oklahoma and have been injured in a car accident due to a defective road surface, please contact Stipe Injury Law’s auto accident attorneys today to schedule a confidential, no-cost consultation.