Hospital Infections in Oklahoma
Average Settlement: $250,000 - $700,000 | Statute: 2 years from the date the alleged act of negligence occurred
About Hospital Infections
Hospital-acquired infections, also known as nosocomial infections, occur when patients contract infections during the course of receiving treatment in a healthcare facility. These infections are often caused by failures in hygiene protocols, improper sterilization of equipment, or inadequate infection control measures. Hospital infection malpractice cases require demonstrating that the facility deviated from accepted infection prevention standards, directly causing the patient's infection and resulting harm.
Oklahoma Medical Malpractice Laws
Statute of Limitations
2 years from the date the alleged act of negligence occurred
Damage Cap
$350,000 non-economic damages
Discovery Rule
Oklahoma applies the discovery rule in limited circumstances, primarily where the injury could not reasonably have been discovered at the time it occurred.
Pre-Filing Requirements
Plaintiffs must file an affidavit of merit from a qualified expert with the petition.
Common Examples of Hospital Infections
- •Surgical site infections due to non-sterile operating conditions
- •Central line-associated bloodstream infections (CLABSIs) from improper catheter insertion or maintenance
- •Catheter-associated urinary tract infections (CAUTIs) from prolonged or unnecessary catheter use
- •MRSA or C. difficile infections spread through poor hand hygiene or contaminated surfaces
- •Ventilator-associated pneumonia from inadequate respiratory equipment care
- •Post-operative wound infections caused by failure to administer prophylactic antibiotics
Key Facts
- ✓The CDC estimates that approximately 1 in 31 hospital patients has at least one healthcare-associated infection on any given day
- ✓Hospitals are required to follow evidence-based infection prevention bundles, and failure to do so can constitute negligence
- ✓Infection control committee records, staff training logs, and hand hygiene compliance audits are discoverable evidence in these cases
- ✓Proving causation is often the most challenging element, as defendants may argue the infection would have occurred despite proper precautions
- ✓CMS publicly reports hospital infection rates, and facilities with rates significantly above the national baseline face stronger liability exposure
- ✓Some states have enacted specific hospital infection disclosure laws that require facilities to report infection data, which can be used as evidence
- ✓Oklahoma caps non-economic damages at $350,000 in medical malpractice cases.
- ✓An affidavit of merit must be filed with the petition along with an expert opinion supporting the claim.
- ✓Oklahoma follows a modified comparative negligence system with a 51% bar.
- ✓Punitive damages are capped at the greater of $100,000 or the amount of actual damages, with enhanced caps for intentional conduct.
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Other Malpractice Types in Oklahoma
This information is for educational purposes only and is not legal advice. Consult a licensed medical malpractice attorney in Oklahoma.