Unlicensed Practice of Medicine is a Crime
Medical battery in Oklahoma is the practice of dentistry, medicine, osteopathic medicine, or surgery, without a proper license or authority, resulting in the permanent disfigurement or injury of a patient. It’s a felony offense that can lead to imprisonment and hefty fines.
If you find yourself accused of this offense, read on.
How Does Oklahoma Law Define Medical Battery?
Medical battery under Oklahoma law includes the following elements:
- The defendant practiced dentistry, medicine, osteopathic medicine, or surgery, without a license or authority as prohibited by the provisions of the State Dental Act, the Oklahoma Allopathic Medical and Surgical Licensure and Supervision Act, or the Oklahoma Osteopathic Medicine Act;
- The treatment, or course of treatment, practiced in violation of the provisions of the State Dental Act, the Oklahoma Allopathic Medical and Surgical Licensure and Supervision Act, or the Osteopathic Medicine Act resulted in the victim having permanent physical injury or disfigurement;
- The victim consented to such treatment, or course of treatment, under a belief that the defendant was licensed and authorized to diagnose and perform the treatment; and
- The defendant willfully performed the act knowing that such act was prohibited pursuant to law. Okla. Stat. tit. §21-650.11
Penalties for Medical Battery in Oklahoma
Oklahoma law prescribes the following possible penalties for medical battery:
- Imprisonment in county jail for up to one (1) year or in state penitentiary for up to four (4) years;
- and, a fine of up to five thousand dollars ($5,000) Okla. Stat. tit. §21-650.11
Additionally, the court may order you to pay restitution to the plaintiff for damages. The monetary amount is up to the court’s discretion.
If you are accused of medical battery in Oklahoma, an Oklahoma criminal defense attorney can help you learn your legal options.
How is Medical Battery Different from Medical Malpractice?
The difference between medical battery and medical malpractice lies in intention. Malpractice is usually unintentional, whereas medical battery in Oklahoma is defined as “willfully” performing an action that resulted in harm to the patient, knowing that the act was contrary to the law.
Free Consultation With a Medical Battery Lawyer
If you have been charged of medical battery, time is of the essence for ensuring your best chance at an effective defense. Contact the Tulsa criminal lawyers at Tulsa Criminal Defense Law Firm for a free confidential consultation.
A Tulsa defense attorney can explain how the criminal justice system works and answer your specific questions. Call (918) 256-340 right now to start your free consultation with a medical battery attorney in Tulsa.