Despite recent advances in medicine, all too many people are either killed or seriously injured from mistakes made by doctors and hospitals. A patient is entitled to the best medical care available, but frequently does not get it. When that happens, it is appropriate to review the medical records and other information to see if there was negligence involved in the medical care provided, and if so, it is then proper to seek the advice of an experienced medical malpractice lawyer.
A doctor is required to exercise ordinary care, skill and diligence when treating his patient. The same standard of care that is applied to doctors in New York, California, Florida or Texas, applies to doctors in Oklahoma. In other words, just because we live in a small state does not mean that we are not entitled to the same quality of medical care as people in the "big city".
Medical malpractice can occur in several different ways, including a failure to diagnose an injury, illness or condition; incorrectly performed surgery; damage to a baby or mother during delivery; failure to perform the right test or refer to a specialist; leaving a surgical instrument or other object in a patient; patient burns; medical device and/or equipment failure or malfunction and failure to monitor a patient.
This can occur in the hospital or at the doctor's office. As a general rule, hospitals are not liable for the negligence of the doctor even if it occurs during surgery or in the hospital. There are some exceptions to the rule. Determining who to sue in a medical malpractice case requires a careful review of the medical record. The Stipe Law Firm has a registered nurse on staff to assist in the review of medical records and to help the lawyers and clients better understand the complications involved in medical cases.
Generally speaking, a patient has two years from the date of injury or death to file a medical malpractice claim. However, if a government or public owned hospital is involved, the law requires notice to be given within one year from the date of injury or death. Often it is difficult for the patient to know if a particular hospital is public or private. Therefore, it is important to seek the advice of a medical malpractice lawyer so that the patient's rights can be protected. Veteran's Hospitals, Indian Clinics and Hospitals and other federal health care providers come under yet another set of rules and procedures. In addition, a doctor working at a federal government facility may be an independent contractor, and not a government employee, and may have to be sued individually. Any questions regarding a potential claim against a federal government hospital or doctor should be directed to one of the many experienced medical malpractice lawyers at the Stipe Law Firm nearest you.
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