DEMAND FOR SETTLEMENT - MEDICAL MALPRACTICE

STATE OF OKLAHOMA

[FIRM NAME]
Attorneys at Law
[Street Address]
[City, Oklahoma ZIP]
Telephone: [Phone]
Facsimile: [Fax]
Email: [Email]
Licensed in the State of Oklahoma

DATE: [Date]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND FIRST-CLASS MAIL

[Risk Management / Claims Administrator / Insurance Carrier]
[Hospital / Medical Group / Insurance Company Name]
[Street Address]
[City, State ZIP]

RE: MEDICAL MALPRACTICE CLAIM - PRE-SUIT NOTICE AND SETTLEMENT DEMAND
Patient/Claimant: [Client Full Name]
Date(s) of Negligent Care: [Date or Date Range]
Healthcare Provider(s): [Provider Name(s)]
Facility: [Hospital/Clinic Name]
Claim Number: [If assigned]

Dear [Recipient Name]:

This firm represents [Client Name] in connection with the medical malpractice that occurred during [his/her] care and treatment at [Facility Name] by [Healthcare Provider Name(s)]. This letter constitutes the mandatory 60-day pre-suit notice required by 76 Okla. Stat. Section 18 and our demand for settlement.

I. OKLAHOMA-SPECIFIC LEGAL FRAMEWORK

A. Governing Law - Oklahoma Medical Malpractice Act

This claim is governed by the Oklahoma law governing medical liability, including 76 Okla. Stat. Section 1 et seq. and 12 Okla. Stat. Section 19.1.

B. Pre-Suit Notice Requirement - CRITICAL

Under 76 Okla. Stat. Section 18, a claimant MUST provide written notice of intent to file suit at least 60 days before filing. This notice tolls the statute of limitations during the 60-day period.

THIS LETTER CONSTITUTES SUCH NOTICE. The 60-day notice period will expire on [Date 60 days from this letter].

C. Statute of Limitations and Repose

Statute of Limitations: Under 76 Okla. Stat. Section 18, actions against healthcare providers must be commenced within two (2) years from the date the patient knew or should have known of the injury.

Discovery Rule: Oklahoma applies a discovery rule. The limitations period begins when the plaintiff knew or should have known of the injury and its relationship to the medical treatment. Reynolds v. Porter, 1988 OK Portal 88, 760 P.2d 816.

Statute of Repose: Oklahoma does not have a statute of repose for medical malpractice claims. The discovery rule applies without an absolute cutoff.

Minors: For minors under the age of twelve, the action must be commenced within two years of the minor's twelfth birthday. 76 Okla. Stat. Section 18.

Relevant Dates in This Matter:
- Date(s) of negligent care: [Date(s)]
- Date of discovery: [Date]
- Two-year limitations period expires: [Date]

D. Modified Comparative Fault

Oklahoma follows modified comparative fault with a 51% bar. Under 23 Okla. Stat. Section 13, a plaintiff may not recover damages if their negligence was equal to or greater than the combined negligence of all defendants. If the plaintiff's negligence is less than 50%, damages are reduced proportionally.

Our investigation has determined that our client was in no way negligent or at fault for the injuries sustained.

E. Standard of Care Under Oklahoma Law

Under Oklahoma law, a healthcare provider must exercise that degree of care and skill ordinarily employed by the profession in the same or similar localities under like circumstances. Scott v. Bradford, 1979 OK 165, 606 P.2d 554.

Specialist Standard: Specialists are held to a national standard of care for their specialty. Jennings v. Badgett, 1965 OK 13, 399 P.2d 426.

F. Affidavit of Merit Requirement - CRITICAL

Under 12 Okla. Stat. Section 19.1, an affidavit must accompany the complaint stating that:

1. The plaintiff has consulted with a qualified expert;
2. The expert has determined that the defendant failed to meet the applicable standard of care; and
3. The expert is willing to testify to these opinions at trial.

Failure to file the affidavit may result in dismissal. McGee v. Alexander, 2001 OK 78, 37 P.3d 800.

Certification: We have consulted with a qualified medical expert who has reviewed the relevant medical records and has concluded that the applicable standard of care was breached.

G. Expert Witness Requirements

Under 76 Okla. Stat. Section 22, expert testimony is required to establish the standard of care, its breach, and causation. The expert must:

1. Be licensed in the same or a substantially similar specialty;
2. Have knowledge of the applicable standard of care; and
3. Be qualified by training and experience.

H. Damage Caps - CRITICAL

Under 23 Okla. Stat. Section 61.2, Oklahoma imposes a cap on noneconomic damages of $350,000.

Note: This cap was upheld by the Oklahoma Supreme Court in Beason v. I.E. Miller Servs., Inc., 2019 OK 28.

Economic Damages: No cap applies to economic damages (medical expenses, lost wages, etc.).

Punitive Damages: Punitive damages are capped at the greater of $100,000 or the amount of actual damages. 23 Okla. Stat. Section 9.1.

I. Informed Consent

Oklahoma recognizes informed consent as a basis for medical malpractice liability. Under Scott v. Bradford, 1979 OK 165, a physician must disclose material risks, alternatives, and the consequences of refusing treatment.

The standard is patient-centered: what a reasonable patient would want to know to make an informed decision.

J. Vicarious Liability

Hospital Liability: Oklahoma hospitals may be held vicariously liable for the negligence of their employees under respondeat superior. Strubhart v. Perry Mem'l Hosp. Trust Auth., 1995 OK 10.

Apparent Agency: Oklahoma recognizes apparent agency liability when patients reasonably believe physicians are hospital employees. Weldon v. Seminole Mun. Hosp., 1986 OK 80.

K. Loss of Chance Doctrine

Oklahoma has not definitively adopted the loss of chance doctrine. Traditional causation principles apply, requiring proof that the defendant's negligence more likely than not caused the harm. McKellips v. Saint Francis Hosp., Inc., 1987 OK 69.

L. Res Ipsa Loquitur

Oklahoma recognizes res ipsa loquitur in medical malpractice cases where the injury is of a kind that does not ordinarily occur without negligence, the instrumentality was under the defendant's exclusive control, and the plaintiff did not contribute to the injury. Sisters of Sorrowful Mother v. Zeidler, 1950 OK 223.

M. Government Immunity

Oklahoma Governmental Tort Claims Act: Claims against state hospitals and providers are subject to the Oklahoma Governmental Tort Claims Act, 51 Okla. Stat. Section 151 et seq. Notice must be filed within one year, and damage caps of $125,000 per person and $25,000 for property apply.

II. PRESERVATION OF EVIDENCE - LITIGATION HOLD

YOU ARE HEREBY DIRECTED TO PRESERVE ALL EVIDENCE relating to the care and treatment of [Client Name], including but not limited to:

• Complete medical records (paper and electronic)
• All versions of electronic medical records (including audit trails)
• Nursing notes, medication administration records, and flow sheets
• All diagnostic imaging studies and reports
• Laboratory results and pathology reports
• Operative reports and anesthesia records
• Consultation notes
• Informed consent documents
• Incident/occurrence reports
• Peer review materials (to the extent discoverable)
• Policies, procedures, and protocols in effect at the time of treatment
• Credentialing files for involved healthcare providers
• Staffing records and schedules
• Equipment maintenance records
• Any recorded statements

Modification, destruction, or concealment of any records will result in claims for spoliation, sanctions, and adverse inference instructions under Oklahoma law. Barnett v. Simmons, 2008 OK 100.

III. FACTUAL BACKGROUND

A. Patient History and Presentation

[Client Name], a [age]-year-old [male/female], presented to [Facility/Provider] on [Date] with [chief complaint/reason for visit]:

Relevant Medical History:
- [Relevant past medical history]
- [Relevant surgical history]
- [Current medications]
- [Allergies]

Presenting Symptoms:
- [Symptom 1]
- [Symptom 2]
- [Symptom 3]

B. Chronology of Negligent Care

[Date/Time]: [Describe what occurred]

[Date/Time]: [Describe what occurred]

[Date/Time]: [Describe what occurred]

C. The Medical Error(s)

[Describe specifically what the healthcare provider(s) did wrong]

D. Discovery of Malpractice

Our client [did not discover / could not have reasonably discovered] the malpractice until [Date], when [describe discovery circumstances].

IV. STANDARD OF CARE VIOLATIONS

A. Applicable Standard of Care

Under Oklahoma law, [Defendant Healthcare Provider] was required to exercise that degree of care and skill ordinarily employed by the profession under like circumstances.

Based on our expert's analysis, the applicable standard of care required [Defendant] to:

1. [Standard 1]
2. [Standard 2]
3. [Standard 3]

B. Breaches of the Standard of Care

Breach 1: [Detailed description of breach]

Breach 2: [Detailed description of breach]

Breach 3: [Detailed description of breach]

C. Expert Opinion

We have retained [Expert Name, M.D.], a board-certified [Specialty] physician licensed in [State] with [number] years of experience. [Dr./Expert Name] has concluded, to a reasonable degree of medical probability, that:

1. [Defendant Provider] breached the applicable standard of care;
2. These breaches were a direct and proximate cause of [Client Name]'s injuries; and
3. Had appropriate care been rendered, [describe avoided outcome].

V. CAUSATION

A. Factual and Proximate Causation

But for the defendant's breach of the standard of care, our client would not have suffered the injuries described herein. Under Oklahoma law, the plaintiff must prove that the defendant's negligence was a proximate cause of the injury. Tomlinson v. Love's Country Stores, Inc., 1993 OK 83.

VI. DAMAGES

A. Physical Injuries

As a direct and proximate result of the defendant's medical negligence, our client has suffered:

Primary Injuries:
- [Injury 1]
- [Injury 2]
- [Injury 3]

Current Medical Status:
[Describe current condition and prognosis]

B. Medical Expenses

Past Medical Expenses:

Future Medical Expenses: $[Amount]

C. Lost Earnings

D. Non-Economic Damages

• Physical pain and suffering
• Mental anguish
• Loss of enjoyment of life
• Permanent disability/disfigurement
• Loss of consortium (spouse's claim)
• Emotional distress

E. Summary of Damages

VII. SETTLEMENT DEMAND

Based upon the clear breach of the standard of care, the severity of our client's injuries, and the substantial damages incurred, we hereby demand:

$[DEMAND AMOUNT]

This demand will remain open for thirty (30) days from the date of this letter, expiring at 5:00 p.m. Central Time on [Expiration Date].

Please note: The 60-day pre-suit notice period required by 76 Okla. Stat. Section 18 expires on [Date]. We reserve the right to file suit after that date if settlement is not reached.

VIII. RESPONSE AND ADDITIONAL INFORMATION REQUESTED

Please provide:

1. All professional liability insurance policies applicable to this claim
2. Policy limits for each applicable policy
3. Any self-insured retention amounts
4. Excess/umbrella coverage information
5. Hospital liability coverage (if applicable)

IX. DOCUMENTATION ENCLOSED

• Medical records supporting the claim
• Medical bills and itemized statements
• Employment and wage documentation
• Expert curriculum vitae
• Photographs (if applicable)
• HIPAA authorizations

X. CONCLUSION

This case presents clear medical negligence that caused significant harm to our client. We have complied with the 60-day pre-suit notice requirement of 76 Okla. Stat. Section 18 and are prepared to file the required affidavit of merit under 12 Okla. Stat. Section 19.1.

We are prepared to litigate this matter through trial in the District Court of [County] County, Oklahoma if necessary. However, we believe early resolution serves all parties' interests.

Please respond by the deadline stated above.

Respectfully submitted,

[FIRM NAME]

By: _________________________________
[Attorney Name]
Oklahoma Bar No. [Number]
Attorney for [Client Name]

ENCLOSURES: As noted above

cc: [Client Name]
File

OKLAHOMA MEDICAL MALPRACTICE PRACTICE NOTES

• 60-Day Pre-Suit Notice Required: Must be sent before filing suit; tolls statute of limitations.

• Affidavit of Merit Required: Must accompany complaint stating expert has reviewed case and will testify.

• $350,000 Noneconomic Cap: Upheld by Oklahoma Supreme Court in 2019.

• Modified Comparative Fault: 51% bar - plaintiff cannot recover if equal to or more at fault than defendants.

• No Statute of Repose: Oklahoma has no absolute cutoff period.

• Scott v. Bradford: Oklahoma follows patient-centered informed consent standard.

• Governmental Tort Claims Act: Claims against state providers subject to notice requirements and damage caps.

• Venue: Proper venue is the county where the cause of action arose or where defendant resides. 12 Okla. Stat. Section 139.

• Collateral Source Rule: Modified - evidence of collateral source payments may be admissible. 23 Okla. Stat. Section 61.1.

• Medical Liability Insurance: Oklahoma requires proof of financial responsibility for certain healthcare providers.

This template is specific to Oklahoma law. Medical malpractice claims in Oklahoma have strict pre-suit notice and affidavit requirements. Always verify current law and consult with qualified Oklahoma medical malpractice counsel.