Question 1

What is attorney-client privilege?

Accepted Answer

Attorney-client privilege protects confidential communication between a client and their attorney. It covers both verbal and written information. This privilege begins with our first conversation and remains in place for the duration of the case. The purpose of this privilege is to encourage openness and honesty in our relationship.

Question 2

How do I get a copy of my medical records?

Accepted Answer

Healthcare providers are required to provide you with a copy of your medical records, with rare exceptions such as some psychiatric or substance abuse treatments. Here's what you need to know:
 • Paper records may cost $0.50 per page
 • Electronic records cannot exceed $200.00
 • Contact the Hospital's Health Information/Medical Records Department to request your records
 • You'll need to sign a release and pay for the records before they're sent to you
If you have any difficulties obtaining your records, please let me know, and I can assist you with this process.

Question 3

Can I sue a Federal or State Governmental hospital?

Accepted Answer

Yes, but there are important limitations to be aware of:

State/Public Hospitals (e.g., Comanche County Memorial Hospital, Norman Regional Hospital):
 • A notice of claim must be filed within one year of the date of loss with the appropriate government entity.
 • After the notice is filed, the entity has 90 days to approve or deny the claim.
 • If the claim is denied, a lawsuit must be filed within 180 days of the denial.
 • If the entity doesn't respond within 90 days, the claim is deemed denied, and the 180-day period to file a lawsuit begins.
 • Damage cap: As of 2023, $175,000 for counties with populations exceeding 300,000 (e.g., Oklahoma and Tulsa counties). For smaller counties and political subdivisions, the cap ranges from $125,000 to $175,000.

Federal Hospitals in Oklahoma:
 • VA Health Care System in Oklahoma City and Muskogee
 • Indian Hospitals (e.g., Chickasaw Nation Medical Center in Ada, Lawton Indian Hospital)
 • Before filing a lawsuit, an administrative claim must be filed with the appropriate federal agency within two years of the incident.
 • The agency has six months to respond to the claim.
 • If the claim is denied or the agency doesn't respond within six months, a lawsuit can be filed in federal court within six months of the denial or the end of the six-month response period.

Private Hospitals:
 • Systems like Integris, Mercy, and Saint Anthony
 • Statute of Limitations: Generally two years from the date of injury, with some exceptions:
 • The "discovery rule" may apply in cases where the injury wasn't immediately apparent.
 • For minors under 12, the statute of limitations is extended to their 19th birthday.

These timelines are strict, and missing a deadline can bar a claim entirely. It's crucial to consult with an attorney as soon as possible after suspecting malpractice.

Question 4

How do I know if I have a case?

Accepted Answer

An unexpected outcome is often the first indication. These can include:
 • Unexpected death
 • Birth injury, including lack of oxygen during the labor process
 • Failure or delay in diagnosing and treating a medical issue
 • Early discharge from the hospital
 • Surgical errors such as excessive bleeding

Any of these are reasons to contact a medical malpractice attorney.

Question 5

How much is my case worth?

Accepted Answer

Compensation in medical malpractice cases falls into two categories:

1. Economic damages
 • Medical costs incurred and projected medical costs in the future
 • Lost wages, including loss of income earning capacity
 • Medical equipment such as a wheelchair or adaptations to your car
 • Home health care

2. Non-economic damages
 • Pain and suffering, physical and emotional
 • Loss of enjoyment of life
 • Disfigurement
 • If death is involved, loss of love, affection and companionship

Question 6

How long does it take to complete a medical malpractice case?

Accepted Answer

The average time for a medical malpractice case to come to settlement is two to three years. If the case does not settle and goes to trial, it can take up to four years or more.
The duration depends on several factors, such as how many parties are involved in the lawsuit. For instance:
 • If you sue two physicians and the hospital, it will take longer to complete depositions, find experts, and negotiate settlement.
 • If only one party is sued, the logistics will take less time.

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