Best Professional Malpractice Lawyers in Oklahoma

About Professional Malpractice Law in Oklahoma, United States

Professional malpractice law in Oklahoma covers legal claims made against individuals or organizations that provide professional services, such as doctors, lawyers, accountants, architects, and others. Malpractice occurs when a professional fails to meet the accepted standards of their profession, resulting in harm or damage to a client or patient. In Oklahoma, these cases often require complex analysis of professional standards and expert testimony to prove that the service provider breached their duty of care.

Why You May Need a Lawyer

People commonly seek legal help in professional malpractice situations for several reasons. If you believe you have been harmed due to a professional's negligence or errors, you may need a lawyer to evaluate your case. Legal representation can help you navigate strict procedural requirements, gather evidence, consult with expert witnesses, and negotiate with insurance companies or defendants. Common scenarios include errors during medical treatment, legal misrepresentation or missed deadlines by an attorney, faulty architectural or engineering designs, or mishandling of financial accounts by accountants.

Local Laws Overview

Oklahoma has specific statutes and regulations related to professional malpractice. For example, medical malpractice claims are regulated by the Oklahoma Statutes Title 76 - Torts. Plaintiffs typically must prove that the professional owed a duty, breached that duty, and caused harm directly resulting from that breach. Medical malpractice claims require a written opinion from a qualified expert confirming that the claim has merit, unless the case clearly falls within the jury's common knowledge. There are also caps on noneconomic damages in medical malpractice claims, statutory notice requirements, and strict statutes of limitation, generally two years from the date of the incident or when it was discovered. Other types of malpractice, such as legal or accounting, may have different deadlines and standards, so it is critical to consult Oklahoma law specific to the profession.

Frequently Asked Questions

What is considered professional malpractice in Oklahoma?

Professional malpractice is when a licensed professional fails to perform their duties to the accepted standard of care for their field, resulting in client or patient harm.

Who can be sued for professional malpractice?

Generally, any professional who provides specialized services under a license or certification in Oklahoma such as doctors, nurses, attorneys, architects, engineers, accountants, real estate agents, and others.

What must I prove to succeed in a malpractice case?

You must show that the professional owed you a duty, breached that duty by not meeting professional standards, and that this breach caused your injuries or losses.

How long do I have to file a malpractice lawsuit in Oklahoma?

For most malpractice cases, you have two years from the date of the act or the discovery of the injury to file suit, but there may be exceptions based on the type of professional or specific circumstances.

Is there a cap on damages for malpractice in Oklahoma?

There are caps on noneconomic damages in medical malpractice cases, but not generally for economic damages. Other professions may not have statutory caps, so legal advice is important.

Do I have to get an expert witness for my malpractice case?

Most cases require the testimony or written opinion of an expert in the same field as the defendant to establish what the accepted standard of care was and how it was breached.

What is the process for filing a malpractice claim?

It usually involves gathering records, consulting experts, submitting a claim or notice as required by law, and filing a lawsuit if a settlement cannot be reached.

Can I sue a hospital or a clinic for malpractice?

Yes, if the hospital or clinic is directly responsible for your harm or is vicariously liable for the acts of employees, you may be able to include them in your claim.

What if I cannot afford an attorney for my malpractice case?

Many attorneys handle malpractice cases on a contingency fee basis, meaning they only get paid if you recover damages. Initial consultations are often free.

What should I do if I think I have a malpractice claim?

Collect relevant documents, avoid discussing details with potential defendants, and seek legal advice as soon as possible. Time limits are strict in these cases.

Additional Resources

If you need more information or assistance with professional malpractice in Oklahoma, consider contacting the following:

• Oklahoma Bar Association - Offers lawyer referral services and consumer information.
• Oklahoma Board of Medical Licensure and Supervision - Handles complaints against licensed medical providers.
• Oklahoma State Department of Health - Provides information on health care facility regulations and patient safety.
• Oklahoma State Board of Examiners for professional licensing in fields like law, engineering, and accounting.

Legal aid offices, local law libraries, and professional associations in the relevant field can also provide important information.

Next Steps

If you believe you may be a victim of professional malpractice in Oklahoma, gather as much supporting documentation as possible, including contracts, correspondence, medical records, and any notes about what happened. Seek out a qualified attorney experienced in the relevant area of malpractice. Schedule a consultation promptly, as strict deadlines often apply. Be ready to share the facts of your case, ask questions about potential outcomes, legal fees, and timelines, and follow your attorney's advice carefully to protect your rights.