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Date: 03-29-2024
Case Style:
Case Number: 4:20-cv-00128
Judge: Sara E. Hill
Court: United States District Court for the Northern District of Oklahoma (Tulsa County)
Plaintiff's Attorney: George Webster Braly, Mark C. Burgess, William Wayne Speed
Defendant's Attorney: Melina Shiraldi, Nolan Field, Rachael Faye Zintgraff, Rachel Dawn Parrilli
Description: Tulsa, Oklahoma personal injury lawyers represented the Plaintiff who sued on a Federal Tort Claims Act medical malpractice theory.
There is no Oklahoma statute that spells out exactly what injured patients must prove in their medical malpractice lawsuits. But the state's courts have held that, typically, the plaintiff must:
establish the existence of a provider-patient relationship
set out the appropriate medical standard of care for the circumstances in which the patient was being treated (roughly, that means the skill and attention that a similarly trained health care provider would have acted with in treating the patient)
show the ways in which the provider fell below the applicable standard of care when treating the patient, and
prove that the provider's negligence caused harm to the patient.
The most important issues in these cases typically revolve around the standard of care and how it was breached. And you'll almost certainly need the testimony of an expert medical witness to prove these elements.
Outcome: Settled for an undisclosed sum and dismissed with prejudice.
Plaintiff's Experts:
Defendant's Experts:
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