Birth Injuries and Malpractice

Birth Injuries and Malpractice

Birth Injuries and Malpractice Can You Claim Medical Malpractice for Birth Injuries? In the majority of cases, labor and delivery goes smoothly, and babies are born without complications. However, injuries during birth are serious. And are even more concerning when...
Wills And The Estate Law Process

Wills And The Estate Law Process

Wills And Estate Law Process Although it is difficult to consider the end of your life, getting your assets in order can give you peace of mind now. Plus, preparing your estate takes a major burden off your family and successors to your assets.  Do You Need a Will?...
Breach Of Contract

Breach Of Contract

Breach Of Contract No matter if you are a consumer or business professional, contracts hold deals together and let us move forward with peace of mind. A contract ensures us that a business will deliver the product or service it promised. But, the contract also makes...
Tulsa Civil Attorney

Tulsa Civil Attorney

Civil ProcedureDue process of law means assurance to you that all legal proceedings are fair to all parties concerned. It also guarantees that you receive notice before any legal proceedings take place. In most states, this happens through certified mail, or a private...
Hit By an Uninsured Driver – Now What?

Hit By an Uninsured Driver – Now What?

I’ve been hit by an uninsured driver, now what? If you have sought out this article, odds are you are suffering from a personal injury related to an automobile accident. Little in life is as frustrating as being in a car wreck, except maybe being in a car wreck...
Avoid These Four Types of Accidents

Avoid These Four Types of Accidents

Unfortunately, getting from one place to another is never an entirely safe proposition. That being said, all auto acccidents are not created equal. Acccidents involving a motorcycle, for instance, are statistically more likely to result in a serious injury than those...
Why is Insurance Offering So Little?

Why is Insurance Offering So Little?

Negotiating with an insurance company following a personal injury can be a frustrating experience for the typical injured victim. Insurance company claims adjusters are infamous for using borderline bad faith tactics when offering claim settlements. While this...
Types of Auto Insurance to Consider

Types of Auto Insurance to Consider

Even a great case against an at-fault driver can’t guarantee you will recover the compensation you deserve after an accident. What happens if the other driver has no insurance or low policy limits? What if you face extensive out-of-pocket medical expenses while...
5 Signs of Nursing Home Negligence

5 Signs of Nursing Home Negligence

A nursing home isn’t going to advertise the fact that they act negligently towards residents. Instead, the signs of nursing home negligence are often subtle. Here are five common signs of nursing home negligence: 1. Unexplained injuries When a personal injury...
Filing a Car Accident Insurance Claim

Filing a Car Accident Insurance Claim

Settling a car accident injury claim can be a complicated legal process in Oklahoma when responsibility for the accident is not obvious. All drivers in an auto accident in Oklahoma are evaluated for personal contribution to causation, which can greatly impact an...
Why You Need A Person Injury Lawyer

Why You Need A Person Injury Lawyer

WHY YOU NEED AN EXPERIENCED TRIAL LAWYER FOR YOUR PERSONAL INJURY CASE   When you’re hurt in a personal injury accident, the person responsible might try to play nice. They might sound friendly, and it can be tempting to want to accept a check and settle the...
WHAT IS MY PERSONAL INJURY CASE WORTH?

WHAT IS MY PERSONAL INJURY CASE WORTH?

There are several factors used to determine how much a personal injury case is worth. Your compensation will depend upon your medical bills — past, present and future. Other things may be looked at such as income lost as a result of time off from work. Need an...
Texting & Driving Crash in Oklahoma

Texting & Driving Crash in Oklahoma

Texting and Driving Accidents Since the introduction of mobile devices, drivers have become more and more emboldened to use them while operating a vehicle. In many cases, the combination of texting and driving has produced many fatal accidents. If you have been...
What to Know About Your Personal Injury Case

What to Know About Your Personal Injury Case

Injured In An Accident? 4 Things To Do That Will Help You Avoid Problems With Your Case If you’ve been injured in an accident, it’s very important that you follow the proper procedures following the incident. Everything you do, or don’t do, will play...

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 gather...

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...
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