Medical Malpractice Rules in Oklahoma
The deadline to file a medical malpractice claim in Oklahoma, the discovery rule, and caps on damages.
Short answer: Two years from the date the patient knew or should have known, through reasonable diligence, of the death, injury or condition complained of. Being a minor or legally incompetent when the claim arises extends the period. 76 Okla. Stat. § 18
| Medical malpractice deadline | Two years from the date the patient knew or should have known, through reasonable diligence, of the death, injury or condition complained of. Being a minor or legally incompetent when the claim arises extends the period. The statute reviewed does not set a separate outer limit (statute of repose). Source: 76 Okla. Stat. § 18 |
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| Medical malpractice caps | No separate medical malpractice cap was found. The general bodily-injury noneconomic damages cap ($500,000, with the exceptions and the $1,000,000 mental-injury limit described above) applies to civil actions arising from a claimed bodily injury, for injuries on or after September 1, 2025. |
More Oklahoma personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in Oklahoma
- Wrongful Death Lawsuits in Oklahoma
- Car Accident Claims in Oklahoma
- Dog Bite Liability in Oklahoma
- Slip, Trip and Fall Injuries in Oklahoma
- Sidewalk and Public Property Falls in Oklahoma
- Motorcycle Accident Claims in Oklahoma
- Pedestrian Accident Claims in Oklahoma
- Bicycle Accident Claims in Oklahoma
- Uber and Lyft Accident Claims in Oklahoma
- Construction Site Injuries in Oklahoma
- All Oklahoma personal injury & wrongful death rules
FAQ
What is the statute of limitations for medical malpractice in Oklahoma?
Two years from the date the patient knew or should have known, through reasonable diligence, of the death, injury or condition complained of. Being a minor or legally incompetent when the claim arises extends the period. The statute reviewed does not set a separate outer limit (statute of repose).
Is there a cap on medical malpractice damages in Oklahoma?
No separate medical malpractice cap was found. The general bodily-injury noneconomic damages cap ($500,000, with the exceptions and the $1,000,000 mental-injury limit described above) applies to civil actions arising from a claimed bodily injury, for injuries on or after September 1, 2025.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.