When a trusted doctor causes harm instead of healing, the betrayal cuts deep. You put your health in a professional's hands, and something went wrong. Now you face new injuries, mounting medical expenses, and questions no one seems willing to answer honestly. As an Oklahoma City medical malpractice lawyer, Smith Barkett Law Group helps injured patients and grieving families across Oklahoma hold negligent providers accountable.
Our attorneys investigate what happened, explain your options in plain language, and pursue the compensation you deserve. You focus on healing while we handle the legal fight. Call Smith Barkett Law Group today at 918-395-6825 for a free case evaluation.
Medical malpractice cases are among the hardest injury claims to win. Hospitals and their insurers hire skilled defense lawyers and expert witnesses to protect their bottom line. You need a legal team with real trial experience standing in your corner.
Our attorneys bring more than 75 years of combined legal experience and over 200 jury trials to verdict. We have recovered millions for clients harmed by negligence across Oklahoma. That courtroom record matters, because insurers negotiate fairly when they know we are ready to try your case.
From our offices in Tulsa and Muskogee, we represent patients and families throughout Oklahoma, including Oklahoma City. Our team handles claims involving misdiagnosis, surgical mistakes, medication errors, birth injuries, and nursing home neglect. Every case begins with a free case evaluation, and you owe no fee unless we win.
Medical mistakes happen far more often than most patients realize. Research on patient safety consistently ranks preventable medical errors among the leading causes of death in the United States. Behind each statistic is a real person who trusted the system.
Oklahoma City is home to major hospitals, surgical centers, and specialty clinics that treat thousands of patients every day. With that volume of care comes real risk when providers cut corners or ignore warning signs. A rushed diagnosis or an overlooked test result can change a life in seconds.
Most patients never suspect malpractice at first. You may assume a bad outcome was unavoidable when a preventable error actually caused it. That uncertainty is exactly why an independent review of your medical records matters.
No honest lawyer can promise a specific dollar figure before thoroughly reviewing your records. The overall value of a medical malpractice claim depends on the severity of the harm, the cost of future medical care, and how the injury permanently alters your daily life.
Cases involving permanent disability, lifelong medical treatment, or the tragic loss of a loved one carry the highest stakes. A missed cancer diagnosis that spreads, or a birth injury requiring decades of specialized care, involves financial costs that stretch far into the future. Our team works with medical and economic experts to calculate the complete scope of your losses.
Crucially, Oklahoma does not cap non-economic damages in medical injury cases. In Beason v. I.E. Miller Services, the Oklahoma Supreme Court struck down the state's statutory limit on pain and suffering damages. That landmark ruling protects your absolute right to full compensation as decided by a jury.
Compensation in a medical malpractice case falls into two main categories. Both matter, and both deserve careful documentation.
Economic damages cover measurable financial losses, including:
Non-economic damages cover the human toll of the injury, including:
When a patient tragically dies due to medical negligence, surviving family members may pursue a wrongful death claim to recover funeral expenses, lost financial support, and the loss of companionship.
Healthcare providers and their insurance carriers frequently attempt to shift blame onto the patient. They may argue that you ignored medical advice, failed to follow post-op instructions, or delayed seeking treatment. Do not let these defensive tactics discourage you from pursuing justice.
Oklahoma follows a modified comparative negligence rule under Title 23, Section 13 of the Oklahoma Statutes. You can still recover financial compensation as long as your share of fault is not greater than the combined fault of the healthcare providers responsible. Your percentage of fault reduces your recovery proportionally, but it does not bar your claim entirely.
Because fault directly impacts your financial recovery, insurers have a financial incentive to exaggerate your role. Our attorneys gather the clinical evidence and expert opinions needed to place responsibility squarely where it belongs.
Serious medical errors rarely cause a single, simple injury. One surgical mistake can trigger severe infections, secondary operations, and months of lost income. We examine the entire chain of medical harm, not just the initial diagnostic failure.
Our team secures your complete medical files, consults board-certified medical specialists, and reconstructs what should have happened under the accepted standard of care. This rigorous groundwork allows us to prove how one clinical failure cascaded into every injury that followed.
Most malpractice claims trace back to a preventable breakdown in communication, systems, or clinical judgment. Common causes of medical malpractice include:
Each of these failures reflects a provider who did not meet the standard a reasonable professional would follow. Identifying that failure is the heart of every case we build.
A bad result alone does not prove malpractice. To win, we must show that a provider failed to meet the accepted standard of care and that the failure harmed you. Four elements form the foundation of every claim:
Oklahoma no longer requires you to file an affidavit of merit before your case begins. The Oklahoma Supreme Court removed that barrier in John v. St. Francis Hospital. Credible expert testimony still matters, so we work with respected physicians to support your claim.
Time is one of the most important factors in a medical malpractice case. Waiting too long can end a valid claim before it is ever heard.
Under Oklahoma's statute of limitations, you generally have 2 years to file a medical malpractice lawsuit. That deadline runs from the date you discovered, or reasonably should have discovered, the injury. This discovery rule matters because some errors, such as a missed diagnosis, surface long after the treatment.
Special deadlines can apply when the injured patient is a child or when a provider concealed the mistake. Because these exceptions are complex, the safest step is to speak with our team early. Prompt action protects both your evidence and your right to file.
Medical malpractice occurs when a health care provider fails to meet the accepted standard of care and causes a patient harm. A poor outcome is not enough on its own. The care must fall below what a reasonably careful provider would have done in the same situation.
No. The Oklahoma Supreme Court struck down the affidavit of merit requirement, so you do not need one to begin your case. Strong expert support is still important, and we arrange qualified medical opinions to back your claim.
You must prove a few key elements: a provider owed you a duty of care, breached the standard of care, and caused an injury that led to real damages. We build each element with your medical records and expert testimony.
No. Oklahoma does not cap the noneconomic damages a jury can award for pain and suffering. The state's damages limit was struck down as unconstitutional, which protects your right to full compensation.
We represent medical malpractice clients on a contingency-fee basis. You pay no upfront costs, and we collect a fee only if we recover compensation for you. Your first case evaluation is always free.
Every case moves at its own pace. Straightforward claims may resolve in months, while complex cases that go to trial can take longer. We keep your case moving and keep you informed at every stage.
You did not choose this injury, and you should not have to face its aftermath alone. Understanding your rights is one thing; enforcing them against a hospital's legal team is another. That is where our attorneys step in.
When you hire Smith Barkett Law Group, attorneys Mike Barkett and Rusty Smith put their trial experience to work protecting what matters to you. Our team handles the investigation, the experts, and the insurers, so your rights stay fully protected from start to finish. You concentrate on your health and your family.
If you believe a negligent provider harmed you or someone you love, contact our Oklahoma City medical malpractice lawyers today. Call Smith Barkett Law Group at 918-395-6825 for a free case evaluation. There is no fee unless we win your case.
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