Surgical errors may be more common than you think. About one per 100,000 surgeries involve a doctor operating on the wrong body part. A whopping one per 7,600 surgeries ends with a doctor leaving behind a foreign object inside the patient’s body.

If you are the victim of a surgical error, it’s important to act fast in filing your claim.

The question is, what steps do you need to take to do so? What will you need to prove in order to build a winning case?

Let’s take a look at the seven steps you should take from the moment you leave the ER after a doctor commits a surgical error.

1. Request Copies of Your Medical Records

After the surgery is complete, request a copy of all relevant medical records. To be on the safe side, it’s recommended that you ask for any records of your interactions with the doctor in question or any records from the past two to three years.

Your medical records should include documentation of any consultations or appointments you received before the surgery as well as all records made of the surgery. You want to establish what your condition was before the surgery, what the doctor was supposed to treat, and what the results of the surgery were.

2. Hire a Surgical Error Lawyer

Time is of the essence when you’re filing a claim for surgical error. In Tulsa, Oklahoma, the statute of limitations on a medical malpractice case is two years. That means that you have two years from the point of surgery or from the point you should reasonably have known about the resulting injuries.

To get the ball rolling as quickly as possible, you’re going to want to hire a surgical error lawyer right away. Medical malpractice cases are tricky and without a lawyer by your side, your chances of winning the suit are much lower.

3. Follow Up with Another Doctor

It is important that you follow up with another doctor, both to ensure your personal health and safety and to establish the extent of the damage. Following up with the doctor you are bringing a claim against is not an option as it creates an unavoidable conflict within your case. A new doctor, however, can establish physical evidence of the surgical error.

4. Ask for Witness Statements

Were there other doctors in the operating room when this surgical error occurred? What about nurses or students in training? 

The odds that your doctor was the only person in the room during surgery is quite low. If you were under any anesthesia, there would have been an anesthesiologist nearby, if not several nurses assisting with any medical equipment.

To strengthen your case, you’re going to need to talk to these individuals and ask them to submit witness statements. In addition to these witness statements, you may also be able to submit statements from family and friends. These apply only if the surgical error led to an alteration in behavior or clear signs of physical discomfort that friends and family noticed.

5. Establish the Doctor’s Negligence

Negligence is key to your claim and it is also one of the most difficult things to prove. Causes of negligence in surgery are often things like exhaustion, distraction, miscommunication, and technical malfunctions. 

Along these same lines, you have to prove that your doctor failed to meet the reasonable standard of care. What this means is that the surgical error in question would not have been committed had another doctor handled your case.

This is often where an expert witness comes into play, someone that your lawyer will bring into the case for you. An expert witness is usually someone who works in the same field as your doctor, which in this case relates to surgical procedures. It is the expert witness’s job to review the facts of your case and explain why your doctor acted negligently and failed to meet the standard of care.

6. Establish That All Injuries Were Not Foreseeable 

There are instances where a patient comes out of surgery with a new or worse injury or illness and don’t qualify to file for damages. Why is that?

There are what are considered foreseeable damages in the medical field. Chances are, the patient was made reasonably aware of them before agreeing to undergo the operation. Many procedures do come with possible side effects and these are considered foreseeable risks the patient was willing to take.

However, surgical errors such as leaving behind equipment, operating on the wrong body part, or performing the wrong operation, altogether, are not foreseeable risks. If you have experienced any of these, this step should not be difficult to manage.

7. Quantify the Damage

There are two reasons why quantifying the damage resulting from your doctor’s surgical error is important.

The first is that you want to show that there is enough damage to justify your claim. Something minor that involves a quick and easy recovery will oftentimes not hold in court. 

The second is that the more you can quantify the damage, the easier it is to set a number for compensation. In other words, quantifying the damage will allow your lawyer to fight for the money you deserve.

Find a Surgical Error Lawyer Near You

If you are the victim of a surgical error, don’t let this list overwhelm you. It may seem like a big mountain to climb, but that’s what your surgical error lawyer is for. They will know how to gather the proper information and put together a winning case.

If you’re looking for a surgical error lawyer in the Tulsa, Oklahoma area, consider the Barkett Law Firm. We have years of experience and a proven track record when it comes to winning medical malpractice cases.

Contact us to begin a consultation on your case.

Car accidents in the US cost more than $380 million in medical costs each year.

If you’re in a car crash in Tulsa, how will you cover your medical bills?

Being in a car accident is a frightening time, leading to not only medical bills but also missed time from work and costly vehicle repairs. Understanding the legal system after your accident can be tough, so the best way to gain a fair settlement is with the assistance of an experienced personal injury attorney.

To help your lawyer put together your case and advocate on your behalf, they need to fully understand what happened in the accident. What evidence or documents do they need to see to help you?

Read on to learn the seven most important documents that you should show your lawyer after your accident.

1. Photographs

When you’re at the scene of the accident, taking photos and videos is essential to prove your side of the story.

Photos are also extremely powerful in court, especially if you can show evidence of personal injury or damage to your vehicle. It can be tough to think about with all the stress after an accident, but try to snap some photos of the scene and the condition of your car with your phone.

If you weren’t able, your auto insurance company likely has photos that their adjusters took to value the repair costs of the car, so reach out and ask for copies.

Photos help your lawyer better understand the situation and can be very useful as evidence in court.

2. Police Report

If you’ve been in a car accident in Tulsa, it’s highly likely that the police were called.

The police will issue a police report, which will include important data, including the date, time, and location of the crash, the names of drivers, passengers, and witnesses, and the make, model, and license plate numbers of the cars involved.

If you don’t already have a personal injury lawyer after your accident, consider hiring one to ensure you get the highest amount of compensation for your physical and emotional pain from the accident. If any citations or tickets were issued at the scene of the accident, show your lawyer copies of these as well.

3. Medical Records

You should always show medical records to your lawyer after the case so that they can understand the pain and injury faced by yourself and the passengers in your car.

Doctor and medical bills, even for minor injuries, can quickly run into the tens of thousands, leaving you out of pocket. Keep track of all your medical records from ER visits, specialist appointments, and even pharmacy costs.

Together, they paint a full picture of your pain and suffering, which can help your lawyer advocate for your case. If you don’t have copies of all of your records, let your lawyer know the name and details of your doctors, and they may be able to request copies on your behalf.

4. Witness Statements

Were there any witnesses to your accident? Eye witness testimonies are an unbiased account of the accident from people who happened to witness it as it happened.

Witness statements in a car accident case are useful because they generally don’t have any personal stake in the outcome of the case, so their opinion is likely to be an honest account of what happened.

Witnesses may be other drivers, pedestrians, workers who witnessed the accident out a window, or cyclists. If there were no witness statements taken at the time, you could ask local businesses at the scene of the accident to see if anyone saw it happen.

Witnesses can add objectivity and credibility to your case, so make sure to show witness statements to your personal injury attorney.

5. Evidence of Missed Work

Often, injuries from the accident mean lost wages from work. If you’ve been injured and are unwell, or if the damage to your car meant you’ve lost the ability to work, this is costing you money.

Bring your personal injury attorney evidence of missed work. This could be paystubs, bank statements, or a letter from your employer.

You may be entitled compensation for your lost income, so it’s helpful for your lawyer to know how much income you lost as a result of the accident.

6. Insurance Policy Documents

Show your lawyer copies of your auto insurance policy, and possibly health insurance. This helps them understand what is and isn’t covered by your policy.

Any expenses that aren’t covered by your policy may leave you out of pocket, so knowing what is and isn’t covered helps them build your case accurately.

In addition to the actual policy documents, you may also need to show proof of insurance payment as evidence that your policy was paid for and active at the time of the accident.

7. Vehicle Damage Estimates

If your vehicle was damaged or totaled in the accident, it’s likely been assessed by your auto insurance company. They should tell you which repairs need to be done, along with the costs.

Or, if the car is totaled, you should be notified as to the value of the vehicle.

Provide all vehicle damage estimates to your lawyer to help them with your case. Car repairs can be extremely expensive, especially for rare or older cars, so this can help your lawyer know the full financial amount that you’re entitled to.

Have You Been in a Car Crash in Tulsa? Contact Us for Expert Advice

Being in a car accident is a scary and confusing time, especially if you’re unsure how to navigate the complex legal system.

Don’t try to go it alone; let us advocate on your behalf. If you’ve been in a car crash in Tulsa, contact us today. We would love to learn more about your case and advise how we can help.

With the right lawyer by your side, you can get full compensation for your medical bills, missed time from work, pain and suffering, and vehicle damage.

Have you been involved in an accident? Perhaps you have been laid up in the hospital for weeks with a painful injury or you’ve been bitten by a dog. You might be considering hiring a personal injury attorney.

They are great for getting you a good deal so that you no longer have to worry about your medical bills or any of the expenses you might have incurred as a result of your injury.

Here’s everything you need to know about types of personal injuries and common attorney fees.

1. What Do You Specialize In?

The first thing you need to establish is what area of law your personal injury attorney specializes in. There are many types of personal injuries.

If your personal injury was the result of tripping over an uneven sidewalk slab that was installed by a local council then you would do well to hire a lawyer that has experience suing the local government.

If you were one of the 20-50 million people who suffer from non-fatal injuries in a car accident last year then you’ll want to hire a car accident personal injury specialist.

If your accident took place in a shop owned by a large corporation then you will want a lawyer who can take on these powerful organizations and knows how to get them to pay out or give you a good out of court settlement.

You can start by doing a simple Google search using the correct SEO keywords to find a lawyer who represents cases similar to yours.

2. Do You Offer a Free Consultation?

You wouldn’t buy some clothes without first trying them on first to see if they fit. And the same principle applies to hiring a lawyer. You wouldn’t hire a lawyer without talking to them first.

Always ask for a free consultation. The Barkett Law firm offers free consultations to everyone. Then you can find out what your lawyer is all about and if you can make that connection with them.

You must have a good working relationship with your lawyer to proceed. As you talk with them you will have a gut feeling about whether to trust them or not. But you can also quiz them about your case.

A good lawyer will be up-front and honest about what your chances of winning are. They won’t try and entice you with expectations of winning thousands of dollars in compensation that are unrealistic.

The Barkett Law Firm advises anyone in Tulsa with a case to consider reaching out to us as quickly as possible to discuss how we can help you.

3. Who Have You Represented Before?

Be sure to find out who your law firm has represented before. A law firm might not be able to talk in huge detail about previous cases due to client confidentiality.

But they should be able to give you a basic idea of the kinds of cases they have won and what sums were involved. You might also be able to reach out to previous clients to find out from them their experiences.

The more high-profile cases the have won the higher fee the law firm is likely to charge.

4. How Much Do You Charge?

Deciding how much to spend on a lawyer is a difficult question. You need to establish the common attorney fees for your case. You also need to weigh up how likely it is you are to win the case and how much you stand to gain compared with how much they charge.

If, for example, the law firm charges in total $10,000 or a high percentage but your case is only worth $12,000 in compensation, you might decide it’s not worth it. It’s not always clear cut how much you are going to get in compensation from the outset. You need to make this judgment for yourself.

Remember if you go for a cheaper lawyer but they mess up the case and you end up losing then you may find yourself out of pocket by several thousand dollars on top of all the other expenses you have already paid.

5. Are You No-Win-No-Fee?

The solution is to look for a lawyer that offers no-win-no-fee contracts. This means there is no risk in you bringing the case and loosing.

However, if you win and are offered a big pay-out you will need to give a percentage of this over to your lawyers. Most lawyers have done the maths with no-win-no-fee cases and know there’s a high probability of you winning the case.

You can sit back and let them do the work for you, with no worry. The Barkett Law Firm makes the process of suing as easy as possible for our clients.

Looking for a Great Personal Injury Attorney? We’ve Got Your Back

If you’ve been involved in an accident that isn’t your fault in Tulsa and are looking to sue then do your research and be sure to reach out to us as soon as possible. Gather as much evidence of injuries as you can and be sure to keep a note of all the expenses you occurred as a result of your injury.

Get some idea of who the parties that are at fault are so that you know who you need to sue. Be sure to ask all the right questions when you have the initial meeting such as who have you represented before? And how many years of experience do you have representing such cases?

Establish how you feel about the attorneys and if you have a connection with them. If you feel you can trust them to get you the compensation you need and they put you at ease then it’s time to sign up with them.

Are you looking for a great personal injury attorney in Tulsa? Then be sure to contact The Barkett Law Firm for a free consultation today.

Did you trip and fall at work recently? Maybe there was a loose wire or faulty equipment. Either way, these accidents happen more often than people realize.

In fact, 39.5 million physician office visits every year are for unintentional injuries. Of these, 292. million end up visiting the emergency room. As a result, these patients miss out on work.

Many people have to deal with costly medical bills, rehabilitation, and the cost of medication.

If you were in a workplace injury, you could find yourself struggling under the weight of these costs. By taking the right steps, you can receive the compensation you deserve. However, you’ll need to follow these steps before your time runs out.

Keep reading to discover the five steps you need to take after sustaining an injury at work.

1. Call for Help

If you were injured at work, make sure to consult a doctor immediately following your accident. Over 229,000 injuries involve machinery and equipment. Many of these injuries are so intense that employees have to miss work to heal.

Visiting a doctor will help you determine how long you need to rest. Otherwise, returning back to work following the accident could cause your injuries to get worse. Returning to work without consulting a doctor could also impact your claim.

You might need to consider visiting the emergency room. In most cases, your employer should pay for the travel costs the day you’re injured.

Even if your injury doesn’t initially seem serious, make sure to visit a doctor. In fact, your employer might require you to visit a doctor post-injury. Ask if they have a specific doctor they want you to visit.

While at the doctor’s office, make sure to tell the doctor what happened. List all the symptoms you’re experiencing as well. Make sure the doctor takes notes and sends a Health Professional’s Report.

Make sure to record the severity of your injuries and any treatments they suggest.

Second Opinions

If you’re not satisfied after your doctor’s appointment, consider visiting your own physician for a second opinion. You are entitled to a second opinion under workers’ compensation laws.

In some cases, however, workers’ compensation won’t initially pay for the second doctor’s visit. Consider paying for it yourself. Keep track of your medical bills and reports for the sake of building your case.

Otherwise, your health insurance might cover the second doctor’s appointment.

2. Tell Your Supervisor

Immediately post-injury, make sure to tell your employer what happened. If this is your first time navigating a workplace injury, they can walk you through the sets.

It’s important to tell your employer you were injured regardless of your injuries. In many cases, adrenaline can mask the pain. You might not realize how severe your injuries are until after visiting a doctor.

Your employer will help you determine which steps you need to take under their guidelines.

Otherwise, let your employer know about any safety concerns. What causes the accident? Could you have avoided the accident if your employer made a chance?

Informing your supervisor about what happened will help them implement new safety measures. Their preventative measures can help keep someone else from sustaining injuries.

Employee Incident Reports

Make sure to ask your supervisor about the company’s guidelines for employee incident reports. In fact, many states require employees to fill an incident report by a certain deadline.

How long do you have to report an injury at work? That usually depends on the state you’re working in. Workers’ compensation laws require you to complete an incident report by a specific deadline for you to qualify.

Make sure to complete the necessary documents as soon as possible to avoid missing the cut.

3. Keep Track

There are a few steps you can take post-injury to strengthen your claim. Immediately following your injury, start taking notes. Waiting to write everything down could cause you to forget certain details.

If you sustained a head injury or concussion, you might find it’s more difficult to remember certain facts. Try to write your notes down as soon as possible, including:

  • Where the accident occurred
  • The day and time
  • What you were doing right before the accident took place
  • The names of anyone who witnessed the accident
  • What you think caused the accident

Your employer might try to make a case that you didn’t sustain your injury on the job. Taking detailed notes can help you make a strong claim. Otherwise, you might lack the evidence you need for compensation.

4. Make a Claim

After your workplace injury, consider making a claim for worker’s compensation. The benefits will cover the cost of your medical bills, treatments, and missed work. Workers’ compensation is covered by the Workplace Safety and Insurance Board.

It’s not your job to prove that your work caused the injury or lead you to develop a disease. Instead, you’ll need to show how your work contributed to the disease or injury. A lawyer can do the heavy lifting to prove your claim.

Let’s say you’ve sustained musculoskeletal damage after prolonged heavy lifting. Back pain tends to get worse over time. It can even contribute to a disability.

In some cases, the problem might start at home before getting worse while you’re at work.

While some workplace injuries are the result of an accident, others are from repetitive work habits.

In these cases, it’s important to keep a record of your symptoms. Make sure to track when you experience symptoms and how long they’ve occurred. You can then provide this information to a lawyer to strengthen your case.

5. Call a Lawyer

You don’t have to go through this process alone. Instead, consider hiring a lawyer who has experience with workplace injuries. A workers’ compensation lawyer can help strengthen your claim.

Make sure they have prior experience with cases similar to yours.

What To Do After Sustaining a Workplace Injury: 5 Steps Toward Compensation

The steps you take after sustaining a workplace injury are crucial. By following these five steps, you can get the compensation you deserve. Otherwise, you might find yourself paying off those medical bills alone.

Want to discuss your case with an experienced lawyer? Contact us today to get started.

There are over 1,338,678 lawyers you can choose from across the country. When searching for the best personal injury lawyer in town, however, you only need one.

Ready to start your search? Here are the eight tips you need when searching for the best “personal injury lawyer near me.” With these tips, you can narrow down your options to find the lawyer who has your best interests in mind.

Otherwise, you might end up with a lawyer who’s only focused on getting paid.

Find the best local attorney around for your personal injury case with these eight easy tips.

1. Know What You Need

Before you start searching, it helps to know what you need from your attorney. It’s not enough to learn how to find a good attorney. You need to find the best one for your unique case.

Personal injury cases can fall under a number of categories, including:

  • Animal bites
  • Defamation
  • Slip and fall accidents
  • Product liability
  • Assault and battery
  • Auto accidents
  • Medical malpractice

In some cases, you can even break these broader categories even further. For example, do you need a medical malpractice lawyer who has experience with surgical errors? Maybe you need to find an auto accident attorney who is experienced with bike crashes?

Is your case going to trial or are you more interested in a settlement? You might want to look for a lawyer with courtroom experience.

Either way, get specific about your needs. That way, you can find the best local personal injury attorneys who fit the criteria. Otherwise, you might not realize the lawyer you hired lacks the experience or intellect you need until it’s too late.

2. Ask Around

Once you’re ready to start searching, ask friends and family members for help. Let them know what type of lawyer you’re looking for.

Do you know someone who was in a similar situation? Maybe they were in an accident at work or had a slip and fall accident at a store. As you ask around, try to find someone who went through the same situation you’re going through now.

That way, you can learn from their experience.

Were they happy with the lawyer they worked with? Were there any problems during the duration of their case? For example, maybe they had a difficult time communicating with their lawyer.

Ask about how their lawyer held themselves in the courtroom or during negotiations. Was your friend satisfied with the lawyer they chose? What was the outcome of their personal injury case?

If your friend doesn’t recommend the lawyer they worked with, write the name down. That way, you can avoid wasting your time later on.

You might want to talk with another lawyer you’ve worked with in the past. For example, maybe you had a lawyer draw up your last will and testament. Do they work in a law firm that handles persona injury cases?

Speaking with another lawyer can give you unique insights into a personal injury lawyer’s professional reputation. Are they competent? Do they follow an ethical code?

The more you learn from people you trust, the more likely you’ll find a lawyer you can trust.

3. Check Online

Once you have a short list of names you can work from, continue your search online.

First, check the Martindale-Hubbell law directory. The directory lists information about law firms in the area, as well as the lawyers who work there.

While you check the directory, make sure to read each lawyer’s profile. Their professional biographies can paint a picture of their careers.

Next, check for online reviews. About 95% of people read online reviews for peace of mind about a brand, product, or service. Check for reviews from each lawyer’s previous clients.

If you can find any reviews online, ask the lawyer if they can provide a referral. Checking online, however, will give you an unbiased view. Otherwise, the lawyer will likely direct you toward a client they’ve cherry-picked.

You can also check the law firm’s website, Google My Business, or the Better Business Bureau. Reading reviews from multiple sources will help you make an informed decision about who to hire.

4. Make Sure They’re Licensed

While you’re online, make sure the lawyer you’re researching is licensed to practice. You can check your local bar association’s website. If they’re not a member, cross them off your list.

5. Determine Their Experience

The best personal injury lawyer will have a lot of experience under their belt. After all, we learn by doing.

Make sure their experience with personal injury cases is recent. Some lawyers decide to switch specialties halfway through their careers. You want to find someone with recent experience who is up-to-date with relevant laws and procedures.

Their recent experience can strengthen your case.

Don’t forget to check their track record, too. How many personal injury cases have they won recently? What was the payout?

Finding someone with a record of wins will give you peace of mind you’re making the right choice.

6. Ask About Their Network

Many lawyers rely on a network of experts when building a case. For example, they might call on a medical expert who can discuss the injuries you sustained. A medical expert can help prove your injuries were the result of an accident.

Otherwise, opposing counsel might try to argue that you sustained your injuries another way.

If a lawyer doesn’t have a network of experts they can rely on, how do they plan on making your case?

7. Meet in Person

Once you’ve narrowed your list down to a few options, schedule an in-person consultation. Many lawyers offer an initial meeting for free. During the meeting, ask any questions you have left.

For example, what certifications do they have? How are their fees structured? Are they confident about your case?

Make sure they have time on their schedule to devote to your case, too.

8. Review the Contract

Once you learn how to find a good attorney, you can choose the best one for your case. Make sure to review the contract before you choose! Can you afford their services?

How do they take payments?

Some attorneys will only take payment if they win your case. Make sure to ask before you sign on the dotted line.

Start Searching: 8 Simple Tips for Finding the Best Personal Injury Lawyer in Town

Ready to start your search? With these tips, you can find the best personal injury lawyer around! Make your case with a qualified attorney at your side today.

Want to discuss the specifics of your case? Contact us today.