Legal Question in Personal Injury in Oklahoma

My mother fell in front of a hospital, due to broken concrete. She suffered a broken hip and spent the next 6 weeks n the hospital, rehab, and LTC. She then passed away. Is there a case here? Thanks

Asked on 4/26/14, 3:42 am

1 Answer from Attorneys

Paul Kouri Travis Law Office

I am sorry to hear about your mother's passing. You have, as next-of-kin, a wrongful death action against the hospital, and your mother's estate has what is called a "survival action" as well. Whether there is a likelihood of success with these claims will depend on the nature of the "defect" in the concrete and also whether the doctors attribute her death to the injuries from the fall or to some other cause.

Be aware, if the hospital is government owned rather than private, these claims will be subject to the Oklahoma Governmental Tort Claims Act, which imposes both a damages limit (cap) and some rather specific (and short) "notice" and filing requirements. You really need to consult with an attorney who handles such claims so that none of these deadlines are missed.

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Answered on 4/29/14, 1:59 pm

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