Shallcross News & Legal Articles



How do I Know if I Have a Medical Malpractice Claim?

Medical procedures do not always have the desired outcome; sometimes unexpected or unpreventable results occur and are not the consequence of medical malpractice. In order to have a claim for medical malpractice, your injury (or undesired/harmful result of a medical...

Issues of Causation

Issues of causation can be some of the most difficult issues to prove in a medical malpractice case. Because of this, expert testimony is often required. An experienced medical malpractice lawyer at Richard A. Shallcross & Associates, PLLC in Tulsa, OK, can...

Punitive Damages

If the evidence shows that the doctor, nurse or other health care provider acted willfully, wantonly, maliciously, fraudulently, with bad faith or with a conscious indifference to the potential consequences, the plaintiff may be entitled to punitive damages. Punitive...

Compensatory Damages

Compensatory damages are intended to compensate the plaintiff for the actual injury and harm that he or she has suffered. In other words, compensatory damages aim to make the plaintiff “whole.” Compensatory damages can be divided into two categories, damages for...

Res Ipsa Loquitur

If a patient is injured as the result of a medical procedure, but does not know exactly what caused his or her injury, but it is an injury that would not have occurred without negligence by a health care provider, the plaintiff might be able to invoke the legal...

Cause In Fact

There are two types of causation: actual cause (cause-in-fact) and proximate cause. The defendant’s actions are the cause-in-fact of the plaintiff’s injury if the plaintiff would not have been injured “but for” the defendant’s wrongful act, or if the plaintiff’s...

Why Would You Need an Expert?

Posted by Richard Shallcross Why Would You Need an Expert? Because of the complexity of the subject matter of medical malpractice cases, it is generally held that the plaintiff must rely on expert testimony to support causation. Most medical issues are not within the...

Preponderance of the evidence

Posted by Richard Shallcross In medical malpractice cases, the burden is on the plaintiff to establish, by a preponderance of the evidence, that the defendant was the cause of the plaintiff’s injury. This simply means that the plaintiff must prove that it was more...

Individual Providers

Posted by Richard Shallcross Tulsa Individual Providers Medical Malpractice Individual providers: doctors, nurses and other health care professionals In addition to doctors and surgeons, a variety of other health care professionals, including dentists, psychiatrists,...

Contact a Tulsa Medical Malpractice Lawyer

Posted by Richard Shallcross  Patients are entitled to complete information about treatments or procedures they will undergo. Failure to provide the information can subject the health care providers to legal liability.  If you think you may have a claim based on the...

Exceptions To Obtaining Valid Consent

Posted by Richard Shallcross  Emergency situations. In emergency situations, there is not always time to obtain a patient’s informed consent, or the patient may be unconscious and unable to communicate. If an emergency involves risk to the patient’s life or the...

Contact a Tulsa Medical Malpractice Attorney

Posted by Richard Shallcross If you or someone you love has been injured as a result of negligent conduct by a health care provider, an experienced medical malpractice attorney can see you through the complicated legal maze of a medical malpractice lawsuit. Contact a...

Types of Consent

Posted by Richard Shallcross  Medical Malpractice Attorney located in Tulsa Types of consent: express and implied Informed consent may be either “express” or “implied.” Express consent is given in writing or orally. If a patient’s consent is written, it should include...

How To Ensure Valid Consent

Posted by Richard Shallcross There are a number of things that the health care provider can do to ensure that the patient’s consent is valid: The actual person who will be performing the procedure should obtain the consent and that provider should have a full...

Medical Malpractice Lawyer in Tulsa

Posted by Richard Shallcross  Contact a medical malpractice lawyer in Tulsa In general, there are no guarantees of medical results. An unanticipated or unsuccessful result from medical treatment or surgery does not, in itself, mean that medical malpractice has been...

Potential Defendants in Medical Malpractice Cases

Posted by Richard Shallcross Medical malpractice can be committed by several types of health care professionals, including doctors, surgeons, nurses, technicians and other hospital workers. In a case where a hospital employee commits malpractice, the hospital itself...

Oklahoma Nursing Home Reform Bill

 Posted by Richard Shallcross  Advocates say Oklahoma has one of the worst nursing home abuse rates in the U.S. A bill that would have brought sweeping reforms to the nursing home industry in Oklahoma has failed to move to committee, according to News9. House Bill...

Theories of Liability in Malpractice Cases

Posted by Richard Shallcross  Negligence Most medical malpractice cases proceed under the theory that a medical professional was negligent in treating the patient. To establish medical negligence, an injured patient, the plaintiff, must prove: • The existence of a...

Police Officers Struggle to Enforce Oklahoma Distracted Driving Laws

Posted by Richard Shallcross When you get behind the wheel of your car, chances are high that one of the first things you do is buckle your seatbelt. Even if you do not drive a newer car – in which incessant beeping will remind you if you forget to buckle up – most...

Medical Malpractice Claims on a Contingency Basis

Posted by Richard Shallcross  Richard A. Shallcross & Associates handles most medical malpractice claims on a contingency basis. This means that you will not pay attorney fees until we help you recover compensation for your injuries. Medical malpractice occurs...

Lack of Communication in Misdiagnoses

Posted by Richard Shallcross Nobody wants to spend a long time at the doctor’s office. Yet the quick in-and-out of a routine doctor’s visit may play a role in misdiagnoses, a new study found. The study, published online in the Feb. 25 edition of JAMA Internal...

Arthroscopic Knee Surgery Malpractice Case May Proceed to Trial

Posted by Richard Shallcross Under Oklahoma law, a patient wanting to establish a presumption of medical malpractice by a doctor during a surgery must show that the patient sustained an injury which was caused by something solely within the control of the doctor, and...
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