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Oklahoma Medical Malpractice Questions & Answers
1 Answer | Asked in Medical Malpractice for Oklahoma on
Q: How would I obtain my full electronic records from my D.O.B to the present day?

So, I believe there is some incorrect information/diagnosis in my medical records, and I need to know how I would get them corrected. Scenerio: So I go into a hospital under the influence, give my SSN and sign a release for my past medical info; they go into a computer system and pull all past... View More

Tim Akpinar
Tim Akpinar
answered on Jun 9, 2024

An Oklahoma attorney could advise best, but your question remains open for a week. Until you're able to consult with a local attorney about what types of central databases are maintained, the answer in most places is that you'd need to reconstruct your file from the various medical... View More

2 Answers | Asked in Medical Malpractice, Legal Malpractice and Personal Injury for Oklahoma on
Q: I thinkmy lawyer cheated me out of a large portion of a malpractice settlement. He did not have me endorse the check .

He did not deposit the check into a trust account but into his law firms account. And the check he wrote me came from from his law firm account.

He would not allow me to be on the conference call during settlement negotiations . I think had a fake mediator.

Tim Akpinar
Tim Akpinar
answered on Jul 30, 2023

It's not uncommon for attorneys to conduct settlement conferences without the client present. They could include the client if there is still contention about certain facts or testimony. But by the time a settlement conference rolls around, it's largely a discussion of medical findings... View More

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2 Answers | Asked in Medical Malpractice, Legal Malpractice and Personal Injury for Oklahoma on
Q: I thinkmy lawyer cheated me out of a large portion of a malpractice settlement. He did not have me endorse the check .

He did not deposit the check into a trust account but into his law firms account. And the check he wrote me came from from his law firm account.

He would not allow me to be on the conference call during settlement negotiations . I think had a fake mediator.

Joel Gary Selik
Joel Gary Selik
answered on Jul 25, 2023

All of those points are suspicious for potential lawyer misconduct. While there are portions of settlement conferences where a client may not attend, a case cannot be settled without a client's express consent. The client should be provided with a written breakdown showing the settlement... View More

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1 Answer | Asked in Personal Injury, Health Care Law, Legal Malpractice and Medical Malpractice for Oklahoma on
Q: I have been hurt and brused due too being poked not twice but 3 times then them letting blood into my tissue can I sue ?
Tim Akpinar
Tim Akpinar
answered on Jul 12, 2024

An Oklahoma attorney could advise best, but your question remains open for a week. I'm sorry for your ordeal. It doesn't look like a lawsuit that most firms would handle. Although your frustration is understandable, unless there were significant damages of a lingering nature, it sounds... View More

1 Answer | Asked in Health Care Law and Medical Malpractice for Oklahoma on
Q: Is it a HIPPA violation for an officer to stand in on a medical apt with a person who is in the county jail?

My husband was arrested and was having a medical evaluation at the county jail here in Oklahoma and while the doctor was screening him,an officer at the jail was present in the room without my husbands consent.

Charles Watts
Charles Watts
answered on Jun 15, 2023

No this is not a HIPPA violation. When a person is in custody, medical staff have a right to be secure in their safety, if an officer is present then that is allowed.

1 Answer | Asked in Medical Malpractice and Personal Injury for Oklahoma on
Q: Is ineffective or wrong medication prescribed considered malpractice or negligence?

I got diagnosed with a serious, difficult to treat eye infection and was referred to a specialist that prescribed medication to treat it. It takes a while for the condition to heal in general but I can tell after a few days that the meds are not helping. Not only that, they were so painful i had to... View More

Joel Gary Selik
Joel Gary Selik
answered on May 19, 2023

It is malpractice. Negligence by health care providers is malpractice. Malpractice is acting below the standard of care.

See a medical specialist right away for your health.

Consult with experienced attorneys. Due to the nature of medical malpractice cases, the extent of your...
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1 Answer | Asked in Personal Injury and Medical Malpractice for Oklahoma on
Q: I need a lawyer that is still taking the topmax lawsuit cases I
John Michael Frick
John Michael Frick
answered on Apr 27, 2023

This law firm is still advertising for clients with Topamax birth defects claims

https://www.torhoermanlaw.com/topamax-lawsuit-topamax-birth-defects-lawsuit/#:~:text=Topamax%20Lawsuit%20Overview&text=The%20Topamax%20Lawsuit%20(specifically%20the,defects%20and%20other%20side%20effects.

1 Answer | Asked in Divorce, Family Law, Personal Injury and Medical Malpractice for Oklahoma on
Q: What about repeated text communications?

from paternal cousin who is going thru an alleged agreed mediated divorce with my maternal second cousin [aka “daughter”] - anything you can do about his narcissistic behavior besides ignore it? Yep. Wrap your head around that one. Lol

Peter N. Munsing
Peter N. Munsing
answered on Jan 13, 2022

you would want to consult an Oklahoma attorney, but my read would be 1) this is one divorcing person with another--let their attorneys handle it; if they have decided not to use attorneys, be aware that the person texted is getting free information, ammunition possibly. Why stop the flow. (In... View More

1 Answer | Asked in Health Care Law and Medical Malpractice for Oklahoma on
Q: I went to the hospital about to weeks ago and I feel I was discriminated against and misdiagnosed and I did not receive

The nurse came in to get my insurance info and when I told her I didn't have any she mad the other nurses and doctor immediately started being rude they told me all I have is a spranged ankle mad put ice on it. Then the lady that took my info regarding the insurance came in with a paper and... View More

Tim Akpinar
Tim Akpinar
answered on Jun 19, 2021

An Oklahoma attorney could advise best, but your post remains open for four weeks and it sounds like you are in serious need of medical care. I can't say anything about the element of discrimination, based on your description - that's usually something that involves a protected legal... View More

1 Answer | Asked in Medical Malpractice for Oklahoma on
Q: How is pain/suffering calculated from serious injury due to rhinoplasty?

I sustained a serious injury as a result of a rhinoplasty revision (same doctor who did the rhino one year prior). The reconstructive surgeon indicated my nose "had a heart attack", no more blood flow to my nose, and my nostrils were reduced to 1/3 the original size (which was a normal... View More

Tim Akpinar
Tim Akpinar
answered on Nov 3, 2020

An Oklahoma attorney could answer best, but your post remains open for four weeks. And by Oklahoma attorney, it would very specifically be your attorney. This isn't really a generic matter where you plug numbers into a formula to compute a figure. Your attorney is going to look at similar... View More

1 Answer | Asked in Medical Malpractice for Oklahoma on
Q: Should we pursue malpractice case?

My 70 year old Mom had back surgery w/metal implant placed at L4-L5 in December. Surgeon removed staples and had one other follow up visit. Then refused to see again a month later when symptoms, and pain became worse and out of control. Followed up with PCP and Pain management. Symptoms and... View More

Tim Akpinar
Tim Akpinar
answered on Oct 2, 2020

An Oklahoma attorney could advise best, but your post remains open for two weeks. I'm sorry for your family's ordeal. What you could do at this point is to reach out to med mal attorneys to discuss the matter. If an attorney felt there was a basis for a case, they could retrieve the... View More

1 Answer | Asked in Medical Malpractice and Probate for Oklahoma on
Q: Can my brother in law get his medical card while on probation
Jammie Taire
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answered on Jul 17, 2020

This question is posted in the wrong practice area. The probate section is for matters involving guardianship, deceased parties, etc. You may want to post in social security/disability.

1 Answer | Asked in Medical Malpractice for Oklahoma on
Q: If I was misdiagnosed at birth by doctor's but didn't find out until the age of 31 what can I do and what are my options

Was misdiagnosed was told at birth that my diagnose was muscular dystrophy and found out that the doctor misdiagnosed me found out at the age of 31 and my correct diagnose was cerebral palsy "spastic diplegic"

Tim Akpinar
Tim Akpinar
answered on May 21, 2020

This is something on which an Oklahoma attorney should advise, as med mal statutes of limitations and their conditions are governed by state law. But your post remains open for three weeks. As a general premise in some jurisdictions, the statute of limitations could be suspended and the clock might... View More

1 Answer | Asked in Family Law and Medical Malpractice for Oklahoma on
Q: Can a non-custodial parent admit a minor child for mental health treatment without the parent with sole custody's permis

I have sole custody of my child. My son was in my care. I dropped him for IEP testing for school. When I returned, he was gone. He claimed to have thoughts of self harm and Dr called his father and police. Father admitted him to inpatient psych without my consent. No one, dr, police, father, did... View More

Priscilla T. Upshaw
Priscilla T. Upshaw
answered on Nov 17, 2019

Without more details about your case, it is difficult to provide you with an answer. If the father has legitimated, he is afforded certain rights and privileges equal to the custodial parent’s.

It is in your utmost best interest to contact an attorney who can assist you with the...
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1 Answer | Asked in Medical Malpractice for Oklahoma on
Q: Can I sue for an undiagnosed tongue and lip tie for 6 months?

My son was born december 23 around 9 pm. As you can imagine everyone on the 24th and 25th of december was scrambling around and very few supervising staff present. My child had reflux for 3 months and very slow weight gain. He was unable to bottle feed when I was at work. We had to use a dropper... View More

Tim Akpinar
Tim Akpinar
answered on Sep 15, 2019

I'm sorry for the ordeal this has caused you as a concerned parent. You must speak with an Oklahoma attorney, but your question remains open for four weeks. Don't lose more time awaiting a response. Contact attorneys on your own, as most practitioners in the med mal field offer free... View More

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 Medical Malpractice for Oklahoma on
Q: What do a person do when there doctor take them off medication they feel they really need

Have had to deal with loosing my step son of 18 years. Driving without my medicine and lots and lots of pain

Camille Brooks Ibrahim
Camille Brooks Ibrahim
answered on Jul 10, 2018

You can have a second opinion done by another physician.

1 Answer | Asked in Personal Injury and Medical Malpractice for Oklahoma on
Q: My surgeon admitted fault in cervical fusion. Some symptoms have presented as a result of the error. Where to start?

CT scan revealed that 1 screw was accidentally placed in the middle of the transverse foramen of C1 vertebrae causing pinching and possibly more to the verterbral artery. The surgeon seems reluctant to do anything about it, which is unsettling.

Camille Brooks Ibrahim
Camille Brooks Ibrahim
answered on Jul 5, 2018

You can file a medical malpractice suit against the doctor!

1 Answer | Asked in Workers' Compensation and Medical Malpractice for Oklahoma on
Q: W/C ins doctor made reference that an attorney fired me, is this ethical for a doctor to do on a medical report ?

The attorney had improper contact with the ins attorney as monetary amounts were pre set. I am pro se and am fine with it. However, the insurance Co. Doctor make a reference on his report that he should not have known as I didn't tell him my legal situation - the only one that could was the... View More

Peter N. Munsing
Peter N. Munsing
answered on Sep 11, 2017

Don't see that it is. It's irrelevant but it is a fact that you acknowledge.

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