Medical Malpractice Defense in Oklahoma - Federal Lawyer
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Medical Malpractice Defense in Oklahoma

Oklahoma address – by appointment only:
629 W. Main Street
Oklahoma City, OK, 73102

Medical professionals across Oklahoma can face serious allegations of medical malpractice that can threaten their professional lives and their business. While these claims can lead to huge verdicts and legal liability, just the mere allegations themselves can tarnish your image or your business’ brand.

Lynette Byrd
Attorney Lynette Byrd
Oklahoma Medical Malpractice Defense Team Lead
Former DOJ Attorney envelope icon Contact Lynette
Nick Oberheiden
Attorney Nick Oberheiden
Oklahoma Medical Malpractice Defense Team Lead envelope icon Contact Nick
Wade McFaul
Wade McFaul
Oklahoma Medical Malpractice Defense Consultant
Former HHS-OIG Assistant Special Agent-in-Charge

Getting effective medical malpractice defense is crucial.

The national medical malpractice defense attorneys at Oberheiden P.C. have two offices in Oklahoma:

619 W. Main Street
Oklahoma City, OK 73102

5272 S Lewis Ave. Suite 250
Tulsa, OK 74105

From these offices, our medical malpractice attorneys represent healthcare and medical professionals and businesses across the state.

Who We Represent

Our medical malpractice defense lawyers legally represent anyone who can be sued for medical malpractice. This is not confined to doctors and surgeons. It includes the following individuals and entities:

  • Hospitals
  • Pharmacies
  • Clinics
  • Doctors and physicians, both general practitioners and specialists
  • Surgeons
  • Nurses
  • Anesthesiologists
  • Dentists
  • Veterinarians
  • Physician assistants
  • Pharmacists
  • Therapists
  • Psychologists
  • Insurance companies

Many of these individuals and corporations carry medical malpractice insurance. Many of them think that this is sufficient for defending against an allegation of medical malpractice.

That is not necessarily true.

It is important to remember that, even though insurance companies promise to represent you and cover any potential liability that comes from your actions – and are even contractually obligated to do so under the terms of the insurance policy – they will still act in their own best interests. Typically, your interests will be aligned with theirs. Unfortunately, that is not always the case, especially when the value of the claim is higher than the medical malpractice insurance cap.

In Oklahoma, though, many medical professionals will not be insured: State law does not require most health care professionals to carry medical malpractice insurance. Uninsured professionals and institutions should seriously consider hiring a medical malpractice defense attorney for their case, as they will be on the hook for any financial obligations that could arise.

Put our highly experienced team on your side

Dr. Nick Oberheiden
Dr. Nick Oberheiden



Lynette S. Byrd
Lynette S. Byrd

Former DOJ Trial Attorney


Brian J. Kuester
Brian J. Kuester

Former U.S. Attorney

Amanda Marshall
Amanda Marshall

Former U.S. Attorney

Local Counsel

Joe Brown
Joe Brown

Former U.S. Attorney

Local Counsel

John W. Sellers
John W. Sellers

Former Senior DOJ Trial Attorney

Linda Julin McNamara
Linda Julin McNamara

Federal Appeals Attorney

Aaron L. Wiley
Aaron L. Wiley

Former DOJ attorney

Local Counsel

Roger Bach
Roger Bach

Former Special Agent (DOJ)

Chris Quick
Chris J. Quick

Former Special Agent (FBI & IRS-CI)

Michael S. Koslow
Michael S. Koslow

Former Supervisory Special Agent (DOD-OIG)

Ray Yuen
Ray Yuen

Former Supervisory Special Agent (FBI)

The Allegations Our Clients Face

Medical malpractice can happen in a huge variety of ways. All of them involve the healthcare provider failing to uphold the standard of care applicable to the situation. Most instances of malpractice are inadvertent mistakes that can happen to even the best doctor, nurse, or other health care providers.

Just a few examples of these mistakes include:

  • Misdiagnosing patients, whether it involved diagnosing a patient with the wrong ailment or missing the signs of a medical condition and failing to diagnose it at all, or not until it was too late
  • Failing to order appropriate medical testing based on the symptoms presented
  • Improperly administering anesthesia
  • Performing a surgical procedure that was not necessary
  • Wrong-site or wrong-patient surgeries
  • Surgical errors, like when the surgeon slips with the scalpel and causes internal damage
  • Leaving a foreign object inside the patient during a surgery, like sponges or a medical device
  • Discharging a patient too soon
  • Prescribing the wrong medications for a medical condition, or prescribing the right drugs but to the wrong person, and other medication errors
  • Childbirth errors and birth injuries, whether through prescribing the mother dangerous medication or making a mistake during the delivery

The vast majority of these are done by an individual healthcare practitioner. However, many of these professionals are employees of a larger institution or entity, like a hospital or a doctor’s office. That entity can be included in the medical malpractice lawsuit through vicarious liability, which holds an employer liable for the negligence of its employees while these other healthcare providers are acting within the scope of their employment.

Avoiding this predicament is why many healthcare facilities and entities make heavy use of independent contractors to provide the services that they offer. The healthcare defense and compliance team at Oberheiden P.C. can also help with that.

Some Potential Legal Strategies We May Use

At Oberheiden P.C., we think that every medical malpractice claim is different. Therefore, every defense strategy should be tailor-made to best fit the demands of the case. However, some of the more common defense strategies that we use for medical malpractice claims are:

  • The standard of care was met – It is up to the plaintiff to prove what the appropriate standard of care was for the given situation. Obviously, they will argue that the standard was so high that your conduct fell beneath it and amounted to malpractice. In many cases, the appropriate standard is much lower, and expert testimony can show that. Once the standard of what was required has been established, it can be easy to show that you met your obligations
  • Your decision was still reasonable – In many situations, there are multiple medically reasonable decisions that doctors or other healthcare professionals can make. Just because you did not make the most common one does not mean that you committed malpractice
  • Lack of causation – It is up to the plaintiff to prove that your negligence caused their injuries. If you can raise serious doubts about how tightly connected their injuries are to your conduct, you can avoid liability
  • There was informed consent – Particularly for risky surgeries and treatments, the patient’s informed consent to the procedure can absolve you from liability if it does not go as well as hoped
  • The malpractice did not make things worse – In some cases, it can be shown that the plaintiff would have suffered just the same had the malpractice not occurred. This can be a risky defense strategy to use alone, though, as it implies that the malpractice did, in fact, happen

These are just a few of the defense strategies out there for medical malpractice claims. Even if the plaintiff’s case is a strong one, though, you can still benefit from experienced legal representation that shows that the plaintiff’s damages are not as high as they claim them to be.

The Stakes are High

If you have been accused of medical malpractice or someone has filed a medical negligence lawsuit against you in Oklahoma, the monetary demand is often very substantial, frequently over a million dollars. This is particularly true if it is a wrongful death claim with a young victim.

However, it is important to remember that this is just the most apparent and immediate loss that you can suffer.

Both individual and institutional defendants in medical malpractice claims will see their reputation for excellence get tarnished, often just by the mere allegation of medical malpractice. Over time, they can end up suffering even more in business losses than in the verdict or settlement.

Individual defendants, however, can also face higher malpractice insurance premiums, as well as an action against their medical license. This can cripple their professional ambitions.

4 Frequently Asked Questions About Medical Malpractice Law in Oklahoma and Oberheiden P.C.’s Legal Team

What is the Statute of Limitations for Medical Malpractice Cases in Oklahoma?

In Oklahoma, the statute of limitations for medical malpractice claims is two years from the date that the plaintiff knew, or reasonably should have known, of the malpractice (Oklahoma Statutes 76-18).

The part about “knowing or should have known” is a very important part of that limitation. Known as the “discovery rule,” it can mean that you get sued for an instant of alleged medical malpractice well after two years have passed. However, it is up to the plaintiff to prove that they could not have discovered the problem, even if they had exercised reasonable diligence.

Invoking the statute of limitations is often a good defense strategy to employ at the outset of a malpractice suit or claim, as it does not affect your available defenses later on if it does not get the case dismissed.

Does Oklahoma Have a Damage Cap for Medical Malpractice Claims?

Not anymore.

Like many states, Oklahoma had a law that capped how much money a plaintiff could recover in a medical malpractice claim (Oklahoma Statutes 23-61.2). This law limited the amount that was recoverable in noneconomic damages – such as for pain and suffering as well as for loss of consortium – to $350,000 unless there was evidence that the injury was caused by gross negligence or intentional conduct.

Most states have a similar law, as it keeps medical malpractice insurance premiums down.

However, in 2019, the Oklahoma Supreme Court ruled that this damage cap was unconstitutional because it was a “special law” that targeted certain people for different treatment. By prohibiting survivors of medical malpractice from recovering more than $350,000 for their pain and suffering and loss of consortium, but allowing plaintiffs suing on behalf of deceased people who died from medical malpractice to get more than that, the damage cap violated Article 5, Section 46 of the Oklahoma Constitution (Beason v. I.E. Miller Services, Inc., 441 P.3d 1107 (2019)).

Without this damage cap, healthcare providers in the state are exposed to potentially massive monetary awards for plaintiffs in medical malpractice cases.

What Sets Oberheiden P.C. Apart from Other Medical Malpractice Defense Firms?

Oberheiden P.C. is a unique law firm in that we only employ lawyers who have reached a level of seniority that we deem sufficient. We do not have any junior associates on our staff, or even any legal secretaries or paralegals.

We think that the attorney whose qualifications drew you to our law firm should be the lawyer that actually represents you against the malpractice claim that you are facing.

We believe that this does not just give you better legal representation in this serious matter; we believe that it also benefits our clients in the peace of mind that they experience, knowing that the person who is doing all of the work in their case has been doing it for many years.

Why Doesn’t Oberheiden P.C. Call Itself the Best?

That is something that we prefer to let our prior clients say about our firm. You can read their testimonials here.

The Medical Malpractice Defense Team at Oberheiden P.C.

Defending against a medical malpractice claim is extremely important. You need experienced medical malpractice defense lawyers who understand the field and who actually have your best interests at heart.

Contact us online or call the Oklahoma law offices of Oberheiden P.C. today: (405) 504-3811 for our Oklahoma City office and (888) 680-1745 for our office in Tulsa.

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