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Oklahoma Wrongful Death Questions & Answers
0 Answers | Asked in Personal Injury and Wrongful Death for Oklahoma on
Q: Can Discovery supersede statute/limitation in Med Mal/Wrngful Death in OK, if ER Doc didn’t inform the risk to patient.

Upon admission an EMTALA Emergency Dept. the ER Doctor unnecessarily prescribed a returning Cardiac Patient a FDA “black boxed” QT Prolonging Drug prior to a medical screening or informing patient to risk of drug. Patient suffered Cardiac Arrest and death less than an hour of administration of... View More

1 Answer | Asked in Criminal Law, Native American Law and Wrongful Death for Oklahoma on
Q: I'm 29 and just found out I am pregnant a woman kicked me in my lower stomach abdominal Causing me to have a miscarriage

What type of crime would that be?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 7, 2023

If someone kicked you and caused a miscarriage, this could be prosecuted under various criminal laws, depending on the jurisdiction. In Oklahoma, for example, the assailant may face charges ranging from assault and battery to manslaughter or a specific offense under laws protecting the unborn. The... View More

3 Answers | Asked in Wrongful Death and Family Law for Oklahoma on
Q: Can we sue brother inlaw for going over our heads and signing a dnr when we didnt want that?

My fiance died last sunday,he has a wife but they been seperated gor about 4ish years she lives in another state. He has 4 kids the oldest bein 18,she graduated. We live in his parents home with me him and the kids,his mom and dad,and a brother his wife and 2 kids. The brother and wife brought... View More

Charles Watts
Charles Watts
answered on Sep 7, 2021

You will need to hire an attorney to investigate all these issues. Hospitals are usually very stringent on the POA because a general POA normally does not include medical issues. Consult with an attorney sooner than later.

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1 Answer | Asked in Estate Planning, Probate and Wrongful Death for Oklahoma on
Q: My dad died dec -8-2019 n i got a latter say my aunt is being special administration and wants me to sign a waiver my

It say i have execited a waiver of objection to appointment of special administrator and waiver will be filed contemporaneously herein what dose this mean

David A. Cincotta
David A. Cincotta pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 24, 2021

It appears that a probate case has been (or is about to be) filed to allow your father's estate to be handled through probate, and your aunt is requesting that the Court appoint her as Special Administrator (giving her certain powers under the law to act on behalf of the estate). It sounds... View More

1 Answer | Asked in Wrongful Death for Oklahoma on
Q: Is there any way to keep adult children from receiving part of a wrongful death settlement

Children have had nothing to do with their father in 30 years.

Benjamin Oxford
Benjamin Oxford
answered on Aug 27, 2019

Probably not. There are two possible types of wrongful death cases. First, the estate of the deceased can bring the claim, in which case the settlement proceeds are divided up according to the terms of the will, and if there is no will the settlement proceeds are divided among the heirs. This... View More

1 Answer | Asked in Wrongful Death for Oklahoma on
Q: Do you think I have a case? Miscarriage due to refusal of medical treatment while in jail for 41 days in two counties.

I was also considered high risk i was 5 months pregnant when i had the miscarriage. I told the guards about hurting and was still refused medical treatment. March 2019- April 2019 41 days incarcerated

Benjamin Oxford
Benjamin Oxford
answered on Aug 7, 2019

Yes you may have a case. You need to show that the jail was aware of your medical needs, or it was otherwise obvious, and the jail was indifferent to this need. You must also show the lack of care was the cause of the miscarriage.

You need to hire an attorney with experience in civil...
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1 Answer | Asked in Medical Malpractice and Wrongful Death for Oklahoma on
Q: Can a son sue for wrongful death of father for medical malpractice if the father's wife doesn't want to?

My father died of cancer. He went to the Dr. for a clot in leg. CT showed stage 4 cancer in lung, liver, elsewhere. Upon getting this news my father said he had 2 chest x-rays done months before at a pulmomologist's office and after the last one the Dr. said it might be cancer. No one knew... View More

Benjamin Oxford
Benjamin Oxford
answered on Jun 21, 2019

I'm sorry to hear about your father. You can sue on your own behalf, and potentially on behalf of your father's estate.

The wrongful death statute in Oklahoma allows children to bring their own claims for grief and financial loss. Additionally, you can bring the claim on behalf...
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1 Answer | Asked in Wrongful Death for Oklahoma on
Q: Who do I need to file a lawsuit against noble county and Perry Oklahoma for Excessive force used against my husband

That ended in his death.

Melissa  Webb
Melissa Webb
answered on May 26, 2019

You can file a 1983 Civil Rights case but since it is a government entity you have a short period of time to initiate the action. Please contact an attorney ASAP to discuss your options.

0 Answers | Asked in Criminal Law and Wrongful Death for Oklahoma on
Q: My son was murdered and the da only give him aggravated assault and battery the death certificate says homicide

It was 2nd degree murder then manslaughter the aggervated assult

1 Answer | Asked in Wrongful Death for Oklahoma on
Q: About how long does it take to reach a settlement in a wrongful death case?
Tim Akpinar
Tim Akpinar
answered on Oct 11, 2018

I do not practice in Oklahoma but your question hasn’t been picked up in three weeks. The answer to this question can hinge upon a number of factors. It can depend on how the interests for the defendant are reacting to being presented with a wrongful death claim, in terms of whether they are... View More

1 Answer | Asked in Criminal Law, Civil Rights, Probate and Wrongful Death for Oklahoma on
Q: My son's dad was shot (9x) and killed by a ohp in 2014. DA cleared the trooper. I find out 175000 settlement paid.

The settlement was paid to the victims mother. my son is his only child so how could this happen? When the da cleared the trooper I understood that to be a shut case. I had no contact with the father or his family the last 10 years of his life. Soon after we had split, he done something to himself... View More

Peter N. Munsing
Peter N. Munsing
answered on Sep 11, 2018

The son would be entitled in many states to a claim. First see if an estate was opened. See who they said they gave notice to. May be a claim against the executor of the estate & or the attorney of the estate.

1 Answer | Asked in Wrongful Death for Oklahoma on
Q: I just need legal advice, I've been told I may have a lawsuit.

March of 2017 I contacted a DHS case worker regarding my sister being addicted to prescription drugs while being pregnant and neglecting her two other chidren and nothing was done. Other people besides me have contacted DHS with the same concerns I had and again nothing was done. September 28th... View More

Gary Johnston Dean
Gary Johnston Dean
answered on Mar 1, 2018

Sorry I didn't see your questions earlier. It's very difficult to sue DHS and its workers. You, and the person who has custody of her children should visit with experienced injury attorneys about this. I recommend Richardson, Richardson, and Boudreau in Tulsa for this. Ask to see... View More

1 Answer | Asked in Criminal Law and Wrongful Death for Oklahoma on
Q: I was told I may have a lawsuit, I just need some legal advice please

March of 2017 I contacted a DHS case worker regarding my sister being addicted to prescription drugs while being pregnant and neglecting her two other chidren and nothing was done. Other people besides me have contacted DHS with the same concerns I had and again nothing was done. September 28th... View More

Frank A. Urbanic
Frank A. Urbanic
answered on Jan 17, 2018

Is there a question here somewhere?

1 Answer | Asked in Animal / Dog Law and Wrongful Death for Oklahoma on
Q: I have two dog 5 pounds each on my property not on a leash under my control. Can I be ticketed.
Gary Johnston Dean
Gary Johnston Dean
answered on Mar 1, 2018

Sorry I didn't see your question earlier. If you live outside the city limits, no tickets unless your dogs cause harm. If you're inside a city limits, it depends on what the city ordinances provide for.

Please visit my website www.garyjdean.com and Subscribe for updates on Oklahoma Law.

1 Answer | Asked in Civil Litigation and Wrongful Death for Oklahoma on
Q: How can i tell if there its a law suit from fam memb over my moms death in Oklahoma.shews hit by3 cars 1pers is settlin?
Peter N. Munsing
Peter N. Munsing
answered on Jun 20, 2017

If one is settling someone has a lawyer and you want to make sure they know where you are. Why not contact a member of the Ok. Trial Lawyrs Assn--they give free consults.

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