What Is the Statute of Limitations for Medical Malpractice in Oklahoma?
In Oklahoma, the statute of limitations for medical malpractice is generally 2 years under 76 O.S. § 18.
Medical malpractice Deadlines in Oklahoma
How long do you have to file a medical malpractice claim in Oklahoma?
In Oklahoma, the statute of limitations for medical malpractice is generally 2 years under 76 O.S. § 18.
When does the clock start for medical malpractice in Oklahoma?
Two years from when the injury was or should have been discovered.
Can the Oklahoma deadline for medical malpractice be extended?
Minors and incompetent persons have separate age-based rules. The Oklahoma Supreme Court applied the discovery rule to allow claims against physicians added more than two years after death, where the cause was learned later.
Is the deadline different if the claim is against the government in Oklahoma?
Often, yes. Written notice within 1 year; suit within 180 days of denial under 51 O.S. §§ 156, 157. The Oklahoma Governmental Tort Claims Act requires written notice to the political subdivision or the state within one year of the loss under 51 O.S. § 156. The claim is deemed denied if not approved within 90 days, and suit must then be filed within 180 days…
How does Oklahoma compare to other states for medical malpractice?
Oklahoma's 2 years is in the middle of the range nationally. Across the 51 jurisdictions with a verified figure, the deadline for medical malpractice ranges from 1 year to 4 years, and 2 years is the most common. Compare all states →
What Does Medical Malpractice Cover?
Situations that typically fall under the medical malpractice deadline in Oklahoma:
