Frequently Asked Questions
If you want to find out more about nursing home abuse or medical malpractice, we have included some common questions and answers below. This can help you gain a new perspective on these important subjects. We also welcome you to contact our firm to speak directly with Oklahoma City nursing home abuse attorney, Matthew D. Martin III, about your specific concerns.
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MDM Law handles all forms of nursing home abuse, neglect, and negligence. This includes, but is not limited to:
-Physical abuse
-Sexual abuse
-Emotional abuse
-Malnutrition
-Medication errors
-Dehydration
-Bedsores
-Medical malpractice
-Wandering or elopement
-Falls
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As a friend or family member of a person in an Oklahoma nursing home or assisted living facility, you can play your part in preventing abuse by being as involved as possible in their care. Call and visit frequently, and make sure you make unexpected visits so you can see how things run on a day-to-day basis. Stay in close communication with your loved one, and watch carefully for signs of abuse, which may include weight loss, unexplained injuries, depression, withdrawal and bedsores.
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An injury or illness alone is not necessarily proof of abuse or mistreatment. You will need to prove that your loved one experienced abuse or a substandard level of care at a nursing home in order to hold that facility or caregiver responsible. That is where Martin Legal Group enters the picture. We can investigate the matter to determine precisely what caused your loved one’s injuries and pursue a lawsuit thereafter.
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The value of your nursing home abuse case will vary depending on the extent of injury and its impact on your loved one’s life. We can carefully review every aspect of your claim to determine what settlement or award you may be able to recover.
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At MDM Law, we work on a contingent fee basis. You pay no up-front costs and do not pay any fees for our legal services unless – and until – we recover a settlement or award on your behalf. You only pay if we win.
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MDM Law handles all forms of medical malpractice.
Some common types of medical malpractice include: misdiagnosis or delayed diagnosis, surgical errors, birth injuries, anesthesia errors, prescription drug errors, failure to obtain informed consent and hospital neglect or abuse.
Medical malpractice occurs when a healthcare provider fails to provide the appropriate standard of care and as a result, causes harm to a patient. It's important to note that not all adverse outcomes are the result of medical malpractice.
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The statute of limitations for medical malpractice cases in Oklahoma is two years from the date of the injury or the date the injury was discovered, or should have been discovered, but no more than five years from the date of the act or omission.
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The person who was directly injured as a result of the medical malpractice, or their legal representative can file a claim.
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To prove medical negligence, you must show that the healthcare provider had a duty to provide care, that the duty was breached and that the breach caused your injury. You will need to provide evidence such as medical records, expert testimony, and any other relevant information to support your claim.
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Yes, in many cases, it is necessary to have an expert witness to prove medical malpractice. An expert witness is a medical professional who can provide testimony on the standard of care, whether the healthcare provider breached their duty, and whether the breach caused your injury.
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It depends on the language of the waiver or release form you signed. If the form waives your right to bring a medical malpractice claim, it may prevent you from filing a claim. However, if the form is found to be unenforceable, you may still be able to bring a claim.
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The amount of compensation you can expect to receive in a medical malpractice settlement depends on several factors, including the extent of your injuries, the impact on your life and earning capacity and any expenses incurred as a result of the medical malpractice. There is no set amount for medical malpractice settlements, and each case is unique.
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No, there is no cap on damages in medical malpractice cases in Oklahoma. However, there are limits on certain types of damages, such as noneconomic damages, which may be capped at a certain amount.
Ready to learn more? Call our team at (405) 673-2377 for friendly and knowledgeable insight.
We proudly serve clients throughout the Oklahoma City Metro Area.