The Oklahoma Medical Malpractice Lawyers with J. Colbert Injury Lawyers explain the laws overseeing civil action against doctors or medical facilities due to negligence can be complex. Changes to the way these claims navigate through the court system came yesterday, with the closing of a special legislative session.
According to an article from KFOR 4 News, a total of 25 changes were made to the law to deal with a bill passed in 2009 that was later found to be unconstitutional. Legislators say they are enacting reforms in an effort to reduce the number of frivolous medical malpractice claims.
A total of 24 of the bills that passed corrected issues with the Oklahoma single subject rule, while the twenty-fifth dealt with certificate merit requirement issues. A certificate of merit requires an expert testify whether or not a claim of negligence is legitimate. The Supreme Court has twice ruled such laws should be removed from the books.
Twenty-one of the bills passed with emergency clauses, allowing them to become law as soon as the governor signs them. The remaining four bills that did not receive emergency clauses will go into effect 90 days after being signed.
J. Colbert Injury Lawyers’ team of Oklahoma Personal Injury Lawyers recognizes how complicated medical malpractice claims can be. That’s why the firm urges anyone who has been harmed while under a medical professional’s care discuss their legal rights with an attorney.
Last week, the 10th US Circuit Court of Appeals reached a consensus to uphold a Tulsa hospital’s decision to suspend a doctor’s medical privileges following two botched surgeries.
The Muskogee Phoenix reports that in June 2003, the doctor performed surgeries on two separate patients with advanced-stage lung cancer at St. John’s Medical Center in an attempt to remove tumor growths. One of the patients died a few days following the surgery, and the other was left permanently disfigured.
The hospital launched an investigation and concluded “there was an inadequate workup” before the procedures. St. John’s subsequently pulled the doctor’s medical privileges. In response, the doctor filed a lawsuit against the hospital and demanded a hearing.
Attorneys for the doctor argued that a 30 year career with no claims of Oklahoma medical malpractice should outweigh the negative outcomes of the two surgeries in question. However, U.S. District Judge Thomas R. Brett agreed with the hospital’s decision and dismissed the suit.
This past Friday, the Court of Appeals upheld Judge Brett’s decision, adding, “Failure to employ extensive workup and staging reflected a gross deviation in medical judgment.”
The Oklahoma Personal Injury Attorneys with J. Colbert Injury Lawyers believe that doctors have a responsibility to protect a patient’s well-being at all times and would encourage anyone who has suffered an injury during the course of medical treatment to discuss their case with a qualified attorney.