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Best Medical Malpractice Lawyers in Tulsa

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Atkinson, Haskins, Nellis, Brittingham, Gladd & Fiasco, P.C. logo
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Atkinson, Haskins, Nellis, Brittingham, Gladd & Fiasco, P.C.

525 S Main St, Tulsa, OK 74103
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Business Description

Atkinson, Haskins, Nellis, Brittingham, Gladd & Fiasco PC in Tulsa has a long history of representing physicians throughout Oklahoma who are facing accusations of medical malpractice. Its combination of medically trained professionals, including an on-staff M.D. pathologist, along with years of litigation experience help the firm achieve successful results for many clients. The firm is one of only a few Oklahoma defense firms approved to represent insured parties by Medical Protective Company, Medical Assurance Inc., and Physician's Liability Insurance Company.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (2)
Avvo
5.0 / 5 (2)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
4.0
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Bradley Loggin PLLC logo
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Bradley Loggin PLLC

1800 South Baltimore Avenue Suite #420, Tulsa, OK 74119
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  • Wrongful Death

Business Description

Bradley & Loggin, PLLC, offers its services to clients in Tulsa. Together, Dustin Bradley and Eric Loggin represent victims of medical and pharmacy malpractice, as well as nursing home negligence and abuse. Prior to establishing the firm, the two focused their practice on civil litigation and providing defense for doctors, physicians, hospitals, and healthcare providers. Loggin also worked as a trial attorney who covered around 20 jury trials. Bradley, his partner, previously served under the Kansas Department of Transportation as a risk manager.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (26)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Colbert Cooper Hill Attorneys logo
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Colbert Cooper Hill Attorneys

601 S Boulder Ave, Ste 600, Tulsa, OK 74119
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  • Wrongful Death
  • Medical Malpractice
  • Personal Injury

Business Description

Colbert Cooper Hill Attorneys is a personal injury law firm that handles medical malpractices cases in and around Tulsa. It reviews each case to pinpoint proof of medical staff neglect and surgical errors. These include missed diagnoses, improper prescriptions, unnecessary amputations, and even instances of wrongful death. The firm seeks compensation for victims through at-fault party negotiations or jury trials. Its founder, John Colbert, has practicing for over 30 years. He leads team of seven attorneys to handle medical malpractice, auto accidents, and workers' compensation claims.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.6
Facebook
4.7 / 5 (140)
Google
4.3 / 5 (32)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Gorospe Law Group logo
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Gorospe Law Group

1825 E 15th St,, Tulsa,, OK 74104
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  • Medical Malpractice

Business Description

Gorospe Law Group represents individuals in a range of personal injury law matters. Serving the Tulsa metro, the office provides legal counsel to clients dealing with medical malpractice cases. It helps clients file claims to obtain compensation from negligent medical providers and insurance companies. It also deals with wrongful death claims, class action lawsuits, premises liability issues, and car and motorcycle accidents. Founder Anthony Gorospe has been practicing law for over 14 years. He also works as an adjunct professor at Northwestern Oklahoma State University.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.9
Google
4.9 / 5 (45)
Facebook
4.9 / 5 (30)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
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Graves McLain logo
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Graves McLain

4137 South Harvard Avenue, Tulsa, OK 74135
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Business Description

Graves McLain assists people seeking the services of a medical malpractice attorney in Tulsa. Its attorneys handle injury claims due to the use of defective products, such as hernia mesh implants, and seek compensation from manufacturing entities. They also deal with medical-related incidents, such as wrong vaccine or medication administration, inappropriate diagnosis, lack of informed consent, and surgical mistakes. Partner Chad McLain is a member of the Tulsa County Bar Association and the Oklahoma Association for Justice.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.5
Facebook
5.0 / 5 (29)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Harwood Law PLLC logo
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Harwood Law PLLC

1630 S. Main, Tulsa, OK 74119
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  • Misdiagnosis of Illness

Business Description

Harwood Law, PLLC, handles medical malpractice cases in the Tulsa metro. It conducts research and interviews medical experts to prove that the injury is due to professional misconduct. Once the claim is proven, its lawyers represent clients in fighting against the accountable practitioner. The office also handles negotiations to settle compensations, which can cover medical expenses, lost wages, lost potential earnings, as well as pain and suffering. Founded in 2007, the firm practices other areas, including family and probate, criminal, and business law.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (8)
Facebook
5.0 / 5 (3)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Hawkins Law logo
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Hawkins Law

1646 S Denver Ave, Tulsa, OK 74119
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  • Medical Malpractice
  • Personal Injury

Business Description

Since 2002, Hawkins Law has been representing clients across the Tulsa metro and nearby areas. It works on personal injury cases, including nursing home abuse. The firm has experience with matters involving overmedication, patient monitoring failure, and malnutrition. It also deals with other personal injury issues, like car accidents, product liability, premises liability, workers' compensation, and wrongful death. The firm's principal attorney, Philip Hawkins, has over 25 years of legal experience.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.5
Facebook
4.8 / 5 (29)
Google
3.8 / 5 (10)
Yelp
1.0 / 5 (1)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
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Detail
Laizure Law logo
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Laizure Law

2120 E 15th St, Tulsa, OK 74104
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  • Anesthesia Errors
  • Emergency Room Negligence

Business Description

Laizure Law is a legal office that caters to the residents of Tulsa. It assists individuals who have been injured in medical malpractice cases, helping them receive compensation for damages caused by negligent healthcare providers. The firm's services cover incidents like nursing errors, failure to diagnose ailments or treat diseases, birth injuries, and improper surgical techniques. Laizure Law has 36 years of experience in handling medical malpractice cases, and it has won millions of dollars in settlements for its clients.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Facebook
5.0 / 5 (2)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
Levinson Law, P.C. logo
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Levinson Law, P.C.

1799 East 71st Street, Tulsa, OK 74136
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  • Wrongful Death
  • Medical Malpractice
  • Personal Injury

Business Description

Levinson Law, P.C., has more than a century of service advocating for clients' rights in Tulsa. Its legal staff handles a wide variety of medical malpractice cases, including those arising from misdiagnosis or failure to diagnose, surgical errors such as incorrect procedure, unnecessary surgery, wrong patient, and use of non-sterile instruments, anesthesia error, hospital-acquired illnesses or diseases, and birth injuries. One of the lawyers, John M. Thetford, has recovered millions of dollars in medical malpractice settlements. He is a former board member of the Oklahoma Association for Justice.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.2
Google
4.2 / 5 (5)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
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Detail
McDaniel Acord & Lytle, PLLC logo
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McDaniel Acord & Lytle, PLLC

9343 E 95th Ct, Tulsa, OK 74133
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Business Description

McDaniel Accord & Lytle PLLC in Tulsa represents physicians and other professionals as well as health care facilities who are accused of medical malpractice. Typical clients include nursing homes, long-term care facilities, health care systems, nurses, and dentists in need of aggressive representation throughout malpractice actions in civil court and before administrative panels. The firm's attorneys have a wealth of experience in civil litigation in state and federal courts throughout Oklahoma.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.8
Google
4.7 / 5 (28)
Facebook
5.0 / 5 (9)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
4.0
Responsiveness
Friendliness
Helpfulness
Detail
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Nik Rankin Attorney at Law logo
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Nik Rankin Attorney at Law

1515 South Denver Avenue, Tulsa, OK 74119
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  • Misdiagnosis of Illness
  • Surgical Mistakes
  • Anesthesia Errors

Business Description

Nik Rankin Attorney at Law seeks justice on behalf of medical malpractice victims and their families. It handles cases involving failure to diagnose or misdiagnosis, emergency room treatment mistakes and oversights, and hospital negligence. Its lawyer, Nik Rankin, deals with other claims arising from anesthesia, medication, and surgery errors. His practice also includes family law. Prior to opening his own firm in Tulsa, he interned with the Denver District Attorney’s Office and several practice groups.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.4
Google
4.8 / 5 (6)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
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Detail
Personal Injury Law Office of Tulsa logo
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Personal Injury Law Office of Tulsa

500 W. 7th St Suite 111, Tulsa, OK 74119
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  • Nursing Home Neglect
  • Medical Malpractice
  • Birth Injuries

Business Description

Personal Injury Law Office of Tulsa is a firm that represents clients in the metro in medical malpractice proceedings. It handles cases involving medical mistakes, such as birth injuries, pharmaceutical injuries, and nursing home neglect. In addition, its team of lawyers helps victims or their families settle personal injury claims and recover compensation that they are entitled to. The law firm also covers other practice areas, including highway and travel accidents, animal liability, and wrongful death.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.0
Google
4.0 / 5 (2)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
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Detail
Richard A. Shallcross & Associates, PLLC logo
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Richard A. Shallcross & Associates, PLLC

1645 S. Cheyenne Ave, Tulsa, OK 74119
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  • Medical Malpractice
  • Misdiagnosis of Illness
  • Surgical Mistakes

Business Description

Serving the local Tulsa community, Richard A. Shallcross & Associates, PLLC, is a private law firm that has been representing individuals and families in medical malpractice claims since 1982. Its legal staff takes on cases against negligent medical professionals or facilities whose actions resulted in harm, injury, complications, or death to the patient. It assists plaintiffs in pursuing just compensation and accountability for economic, non-economic, and punitive damages arising from medical malpractice. Attorney Richard Shallcross also assists with insurance coverage claims and personal injury cases.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.9
Google
4.9 / 5 (8)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
4.0
Responsiveness
Friendliness
Helpfulness
Detail
––
Rodolf & Todd logo
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Rodolf & Todd

15 E 5th St Fl 6, Tulsa, OK 74103
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Business Description

Based in Tulsa, Rodolf & Todd offers medical malpractice defense representation to clients in the Greater Tulsa area and beyond. Its attorneys have an in-depth knowledge of the health care sector that gives it unique insight into its clients' malpractice issues. It represents individual health care professionals, hospitals, managed care organizations, long-term care facilities, and physicians' groups, among others and works to minimize the impact of legal action against its clients through negotiation and litigation.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (7)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
4.0
Responsiveness
Friendliness
Helpfulness
Detail
––
Sherwood, McCormick, & Robert logo
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Sherwood, McCormick, & Robert

15 W. 6th Street, Suite 2800, Tulsa, OK 74119
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  • Medical Malpractice

Business Description

Sherwood, McCormick, & Robert is a law firm that provides legal assistance to clients in Tulsa and the neighboring areas. It helps victims of medical malpractice establish proof of negligence for various cases, such as misdiagnosis, surgical errors, medication mistakes, negligent delivery resulting in traumatic brain injury, and failure to supervise or monitor patients. It also obtains compensation for injuries and damages caused by negligent medical professionals and healthcare providers. The lawyers at Sherwood, McCormick, & Robert bring over 100 years of combined legal experience.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Facebook
5.0 / 5 (3)
Google
5.0 / 5 (2)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
Sweet Law logo
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Sweet Law

6315 E 102nd St, Tulsa, OK 74137
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Business Description

Sweet Law in Tulsa offers sound counsel and aggressive representation to individuals and entities in the healthcare sector being accused of medical malpractice. Its team of trial-proven lawyers has experience handling an array of claims for its clients, with the goal of minimizing any penalties and negative outcomes. Founding attorney Kyle Sweet is a regularly featured nationwide speaker and lecturer whose focus is on defending health care practitioners across the nation.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (2)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
4.0
Responsiveness
Friendliness
Helpfulness
Detail
––
The Ganem Law Firm logo
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The Ganem Law Firm

7715 East 111th St S #109, Tulsa, OK 74133
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  • Birth Injuries
  • Misdiagnosis of Illness
  • Surgical Mistakes

Business Description

The Ganem Law Firm offers representation to the injured victims of medical malpractice in and around Tulsa. It assists in investigating various cases, including failure to diagnose serious conditions, birth trauma, inappropriate or negligently performed surgery, prescription drug errors, and dangerous treatment practices. Additionally, the law firm covers nursing home negligence, elder abuse, and defective products cases. Founding attorney Thomas F. Ganem has been providing legal services for over 35 years. He served as president of the Oklahoma Trial Lawyers Association.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (1)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
The Lindsey Law Firm logo
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The Lindsey Law Firm

1612 S Denver Ave., Tulsa, OK 74119
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  • Medical Malpractice
  • Personal Injury

Business Description

The Lindsey Law Firm serves individuals, families, and businesses throughout the Tulsa metro and the nearby communities. Edward Lindsey has over 15 years of experience litigating for plaintiffs in medical and dental malpractice lawsuits, helping clients obtain compensation for sustained damages and injuries. It also provides legal assistance to the families of wrongful death victims due to malpractice. Lindsey also offers legal representation in cases on criminal defense, family law, business law, and civil litigation.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.3
Google
4.3 / 5 (29)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
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Trevor Furlong logo
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Trevor Furlong

9206 S Toledo Avenue, Suite 100, Tulsa, OK 74137
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  • Medical Malpractice

Business Description

Trevor Furlong is a Tulsa-based attorney that has represented thousands of personal injury victims. Furlong's 15 years of legal experience includes helping victims of medical negligence and nursing home abuse. He also protects the rights of clients facing criminal charges and guides families to settle custody and divorce issues amicably. Trevor Furlong has recovered more than $55 million on behalf of injured parties, including casualties from medical malpractice, motorcycle crashes, truck collisions, and wrongful death.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.9
Google
5.0 / 5 (11)
Facebook
5.0 / 5 (1)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
Wandres Law, PC logo
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Wandres Law, PC

1202 East 33rd Street, Tulsa,, OK 74105
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  • Medical Malpractice

Business Description

Wandres Law, PC, is a Tulsa-based law office that provides legal services to the metro area. It represents plaintiffs of injury claims, such as victims of medical malpractice. The firm deals with cases related to ​hospital errors, misdiagnoses, surgical mistakes, pregnancy injuries, and lack of informed consent. It also seeks fair and full compensation for clients' permanent injury, lost income, and medical expenses. Partner Patrick Wandres, who handles catastrophic injury cases, has been named to the National Trial Lawyers Association's Top 100 list since 2012.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (38)
Avvo
5.0 / 5 (27)
Facebook
5.0 / 5 (9)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
Friendliness
Helpfulness
Detail
Back to Providers

Frequently Asked Questions

What does a medical malpractice lawyer do?

Medical malpractice lawyers represent patients who have been injured during or as a result of medical treatment, when those injuries are caused by the negligence of health care providers, including physicians, dentists, anesthesiologists, clinics, and hospitals. A medical malpractice attorney will meet with a patient, determine if a malpractice case is warranted, gather information from the patient and from medical experts, depose defendants under oath, and negotiate a settlement on behalf of the patient. If an out-of-court settlement cannot be reached, a medical malpractice attorney will litigate the case in court on behalf of the patient.

Do I have a medical malpractice case?

To have a medical malpractice case, a patient must have been injured when a health care provider, who had a duty of care to the patient, breached the accepted standard of care. An attorney looks for certain signs that medical malpractice has taken place, including:

  • A lack of informed consent, in which a person didn’t agree to a treatment or procedure, or the  provider failed to fully explain the risks before proceeding
  • A highly unusual outcome results from a procedure or treatment, which may indicate that the provider made a mistake
  • A patient is informed by their health care provider or hospital that a mistake was made

What are the chances of winning a medical malpractice lawsuit?

According to the U.S. National Institutes of Health’s 20-year study of medical malpractice case outcomes, winning a suit largely depends on the strength of the evidence. Patients won just 10% to 20% of jury trial cases with weak evidence, compared to 30% of lawsuits with midrange evidence. Patients succeeded in 50% of cases with strong evidence. In addition to evidence, factors such as an attorney’s familiarity with the practice of medicine, and the attorney’s specialized background in medical malpractice law, may contribute to the success of the lawsuit.

Is a misdiagnosis suitable for medical malpractice?

Misdiagnosis can constitute malpractice if it's proven that a doctor has failed to meet the usual standard of care. These types of cases usually involve mishandling of testing or delayed diagnoses. They may also involve a doctor's failure to interpret test results, screen for a specific condition, provide a specialist referral, discuss symptoms a patient is experiencing, or investigate possible causes of reported symptoms.

As a patient, how do I choose a good medical malpractice lawyer?

Start by creating a short list of local medical malpractice lawyers specializing in plaintiff representation, then narrow it down by taking these steps:

  • Look at the lawyer’s website for details about their malpractice experience and knowledge.
  • Check whether an attorney is a member in good standing of local, state, and national trial lawyers' associations and the state bar association.
  • Ask what percentage of each lawyer’s caseload is devoted to medical malpractice, what portion of the cases go to trial versus settling, and how much of the case work is delegated to support staff.
  • Verify that an attorney works on a contingency fee basis and absorbs up-front expenses.

What percentage of a settlement do medical malpractice lawyers get?

Medical malpractice lawyers typically represent clients on a contingency basis, receiving payment only if the plaintiff receives a settlement. The standard fee is 33% of the amount awarded. Attorneys may also pay litigation expenses up front, such as filing fees and other case-related costs, before receiving reimbursement from the settlement. Contingency fee percentages, other litigation costs, and payment structures may be negotiable.

What’s the statute of limitations on medical malpractice?

Statutes of limitations for medical malpractice lawsuits differ in each state. The limitations in three of the most populous states show how these laws can vary:

  • California plaintiffs have one year from discovering an injury or three years maximum from the injury date. Cases of foreign objects left in a person's body during surgery have no three-year deadline.
  • New York claims must be filed within 30 months of an injury-causing event. The time limit for left-behind foreign objects is one year from discovery.
  • Texas plaintiffs have two years to file suit, post injury. There are several exceptions, including continuing treatment situations, discovery after the limit expiration, and a 10-year maximum limit.

How do you file a medical malpractice lawsuit?

Taking these steps may get a medical malpractice issue resolved quickly or help when filing a lawsuit becomes necessary:

  • Contact the doctor or health care provider to discuss the injury and a solution to the situation.
  • File a complaint with the local medical licensing board.
  • Check the state’s statute of limitations for filing a malpractice claim.
  • Consult with an impartial medical expert to get a written opinion on whether accepted standards of care were followed.
  • Arrange a free initial consultation with a local medical malpractice lawyer to determine if filing a lawsuit is worthwhile.
  • Consider settling with the health care provider or their insurance company to avoid a lengthy court case.

How does a medical malpractice lawsuit work?

A consultation with an attorney is the first step in initiating a medical malpractice lawsuit. During the consultation, the patient will explain their case, including their injuries and the impact of those injuries on their life and well-being. The patient will identify the person or organization they believe breached the standard of care, and indicate how they believe that breach led to their injuries. The attorney will determine if the patient has a viable malpractice claim, and if so, will enter into an agreement to represent the patient. Next, the attorney will begin an investigation, reviewing medical records and consulting with medical experts. Following the investigation, the discovery process will allow the plaintiff and defendant to share information with each other about the case under oath. In the vast majority of malpractice cases, the settlement phase follows. During this phase, the doctor or facility will agree to pay the plaintiff a mutually agreed upon amount of money. If a settlement cannot be reached during this phase, the medical malpractice lawsuit will proceed to trial.

As a healthcare provider, how do I avoid medical malpractice?

With the goal of enhancing the quality of care provided, while also limiting the risk of harm to patients, doctors can reduce the likelihood of medical malpractice lawsuits by adopting best practices, such as the following:

  • Establish trusting relationships through open and honest communication, and disclose poor outcomes and errors if they occur.
  • Stay up to date on disease management methods, technological advancements, and current standards of care in their area of specialty.
  • Obtain informed consent by fully explaining the risks and possible outcomes of procedures and treatments.
  • Improve follow-up care after any missed appointments and scheduled tests and procedures to help prevent delayed or overlooked diagnoses.
  • Maintain accurate, detailed records of patient exams, treatments, and counseling provided.

What can a medical malpractice defense attorney do for a doctor who has been sued by a patient?

While it can be upsetting and stressful to be sued by a patient, medical malpractice lawsuits are actually fairly common. In fact, a recent American Medical Association benchmark survey found that more than one third of physicians in the U.S. have been sued for malpractice at some point during their career. In the event of a patient lawsuit, the doctor’s malpractice insurance provider will supply the doctor with a malpractice defense attorney to handle the case. If the doctor is not confident with the insurer-provided attorney—for instance, if they sense that their case is being passed along to less experienced associates, or if they feel like they are being forced into a settlement by their insurer—they can hire, and pay for, private counsel. In these cases, the private malpractice defense attorney can explain legal procedures, weigh in on case strategy and settlement possibilities, and suggest stronger defense action if warranted.

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