Medical malpractice in the U.S. is a grave concern—an estimated 98,000 Americans die each year due to hospital errors. Medication errors are the most common mistakes made by healthcare professionals, harming nearly 1.5 million people every year (according to a 2006 follow-up to the 1999 Institute of Medicine study).

Has a doctor, nurse, surgeon, pharmacist, or other medical provider injured you due to a careless mistake? Smolen Law has dedicated medical malpractice lawyers who will provide superior legal representation.

Medical Malpractice Overview

Medical malpractice happens when a provider of healthcare is negligent or harmful in any number of ways. Particularly, these harms occur when a medical professional does not provide necessary or appropriate treatment, when they withhold or neglect to take proper action, or give a standard of treatment that is insufficient in such a way that it results in harm, injury, or death.

At Smolen Law, our attorneys are standing by, ready to answer questions and come alongside you for any of your medical malpractice legal needs.

What is Medical Malpractice Law?

Medical malpractice law is the set of standards that dictate what constitutes malpractice and how victims of medical malpractice are entitled to compensation for their injuries.

Generally speaking, malpractice or negligence is the result of an error which can occur at any stage of the healthcare process, from diagnosis to aftercare. In any case, malpractice is the result of a medical professional providing a care that is below what is considered standard or acceptable.

There are situations in which patients sustain harm from medical treatments and procedures and medical professionals are not liable for that harm. However, the malpractice laws in the U.S. do provide protection for patients that do receive substandard care to be able to recover compensation for their losses.

How Do You Prove Malpractice Has Occurred?

There are some factors that must be involved for an issue of malpractice to be considered by the court:

  • Duty Of Care – In a medical malpractice suit a plaintiff must prove that a medical professional or institution had a duty to care for them. This is done by providing evidence that confirms that the plaintiff was a patient of the provider at the time malpractice occurred.
  • Failure To Provide Proper Care – Laws in the U.S. recognize and describe standards that providers must adhere to when providing medical care to their patients.
  • Injury Or Harm Directly Resulted From Negligence – According to the law, there is no acceptable situation to file a medical malpractice claim if no tangible injury or harm occurred as a direct result of negligence on the behalf of a medical provider. The plaintiff must be able to provide direct evidence that confirms harm or injury, and that the harm or injury was caused as a direct result of medical negligence and substandard care.
  • Injury Or Harm From Negligence Caused Damage – There must be evidence to support the claim that an injury sustained from medical negligence has caused the plaintiff to endure consequences resulting in significant damage. This damage can be experienced in the form of income loss, hardship, pain and suffering, disability, or death.

How Can An Attorney Help Me With My Malpractice Lawsuit?

Medical malpractice lawsuits are generally lengthy, complex, and require expert medical knowledge. The institutions that are defendants in these cases retain the representation of medical malpractice defense attorneys who focus and provide expertise on these matters.

If you feel that you or a loved one have been injured or harmed due to medical negligence the most important thing you can do is to speak to a medical malpractice lawyer to assess your situation at your soonest convenience.

Medical malpractice law firms are specifically concerned with these claims and can provide expert advice on the nature of your situation. If there are grounds for a case to be brought forth, your attorney will be able to assist you throughout the process of gathering and evaluating the evidence of your claim. If there is no opportunity to accept a reasonable settlement for your claim, your attorney will be able to represent you in court throughout the litigation process.

Common Medical Malpractice Resulting in Injury and Death

Surgeons, anesthesiologists, internists, pediatricians, radiologists, and nurses have vital roles in providing medical care. Any mistake made by any healthcare provider can have dire consequences for a patient.

Examples of health mishaps that cause injury and wrongful death:

  • Not providing the required treatment for a condition
  • Misdiagnosing or failing to diagnose a serious disease
  • Surgical errors such as operating on the wrong body part, leaving instruments in the patient, severing a nerve, and other mistakes during surgery
  • Failing to prevent, diagnose, and treat infection, pneumonia, or sepsis
  • Prescribing or administering the wrong drug or other medication errors
  • Birth injury caused by errors during labor and delivery
  • Nursing home abuse or neglect

Medical malpractice is estimated to total $29 billion annually in lost income, disability, and healthcare costs. The Institute of Medicine’s report estimates that more than half of these events are due to preventable errors. If you suspect you or a loved one are the victim of medical malpractice, contact Smolen Law. We’ve fought to recover millions of dollars for innocent victims injured or killed due to the neglect of medical providers.

Smolen Law

Our legal team is pleased to offer comprehensive malpractice services. From dental malpractice lawyers, to attorneys who focus on injury and wrongful death, our firm has more than 70 years of combined experience advocating for our clients with a tenacity that has given us the ability to see many favorable outcomes.

If you have questions about injury or harm that you or a loved one have sustained in connection with medical treatment, please don’t hesitate to contact our offices in Tulsa, OK today for a consultation.


Smolen Law’s mission is to provide exceptional legal services with integrity, professionalism and respect. Choose the Oklahoma law firm that gets results—Smolen Law.



No recovery, no fee.
(But let’s be honest, that rarely happens.)

Smolen Law
Smolen Law - The Alpha Firm
Donald E. Smolen, II
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Laura L. Hamilton
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