Medical Malpractice

• Types and Causes
• Understanding and Winning
• Oklahoma Medical Law Summary
• Negligence & Failure to Diagnose
• Medical Malpractice Attorneys

About NIX Law Group

Nix Law Group, PLLC, is a premier Oklahoma law firm which specializes in the litigation of severe personal injury and wrongful death cases. Nix Law Group was founded by personal injury and accident attorney Glendell Nix. Mr. Nix is one of the most trusted, respected and well-known attorneys in Oklahoma.

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• Oklahoma Medical Law Summary

Oklahoma Medical Law Summary

Effective November 1, 2009, several new laws went into effect in Oklahoma that changed the way medical malpractice cases must be prosecuted. Only experienced and qualified legal minds will successfully apply these new laws to their cases and increase their chances of obtaining a favorable verdict for their clients. The attorneys at Nix Law Group, PPLC, are pleased to be at the forefront of medical law in Oklahoma and can help guide you and your family through this complex field.  Below is a brief summary of current Oklahoma laws applicable to medical malpractice cases, including the statute of limitations and regulations on recovering damages.

Please contact Nix Law Group, serving Oklahoma City, Tulsa, and beyond, to learn more about medical malpractice law and the strict statute of limitations. You may email us using the contact form on this page.

Statute of Limitations

Under Oklahoma law, medical malpractice cases are subject to the statute of limitations. This means that legal action must be brought within two years from the date upon which the claimant knew or should have known of the alleged injury. Wrongful death actions must also be brought within two years from the date of death.

Expert Testimony

Medical malpractice claimants must prove a breach of the standard of care through expert medical testimony, unless the alleged negligence is grossly apparent to a layman.  A plaintiff also has the burden to prove causation (that the breach caused injury or death) and damages through expert witness testimony. As of November 1, 2009, a medical malpractice plaintiff must include an affidavit with the petition that they have a written report from a qualified medical expert who has reviewed the evidence and concludes that the named medical defendant(s) were negligent.  The defendants are entitled to a copy of the plaintiff’s medical expert’s report upon written request. 

Liability of Multiple Defendants

Effective November 1, 2009, Oklahoma no longer follows joint and several liability in medical cases.  This is a very significant change that strongly favors wrongdoers.  Often in medical cases, multiple separate physicians and/or hospitals are potentially jointly at fault.  Under new law, a defendant is only responsible for his proportionate share of damages based on his percentage of fault.  A civil plaintiff’s damages can also be reduced by his or her percentage fault under what is called contributory negligence. 

For more information about medical malpractice law, contact Nix Law Group, serving all Oklahoma areas, by completing the form on this page.

Limitation on Damages

Effective November 1, 2009, a new law went into effect capping non-economic damages in all medical cases in Oklahoma at $400,000.00, with certain exceptions for bad conduct and/or permanent and disabling injuries.  However, this horrible law will not go into effect until the state sets up and funds a Health Care Indemnity Fund to pay for damages above the cap. 

Liability Insurance Coverage

Most Oklahoma physicians carry a $1 million insurance policy.  It is extremely rare for a physician’s personal assets to be at risk in a medical case.  Ninety-nine percent of cases are resolved for amounts within the physician’s insurance limits.  In fact, a physician’s insurance company selects the doctor’s attorneys, funds the defense of the case, and normally dictates whether to settle or go to trial.  Most medical cases that go to trial in Oklahoma (more than 75 percent) end in a defense verdict in favor of the health care provider.  However, this fact exists because cases in which liability is clear and/or damages are very high normally settle before trial. 

Contact Nix Law Group

The attorneys at Nix Law Group aggressively represent the victims of medical malpractice in Oklahoma.  We have the experience, knowledge, and compassion needed to effectively prosecute these complex cases.  Nix Law Group also has a reputation in the Oklahoma legal community as one of the top medical malpractice law firms in the state.  Our attorneys serve Oklahoma City, Tulsa, and all surrounding areas.

If you or someone you know has suffered severe injury or wrongful death as a result of medical error, surgical error, hospital mistake or any other type of medical malpractice, contact the dedicated attorneys at Nix Law Group today. You may reach us toll free at 888-311-3273 or via email by completing the Nix Law Group "Contact Us Now" form.

Nix Law Group.  Standing with the victims of medical malpractice.