Oklahoma law

Medical Malpractice Laws in Oklahoma.

Oklahoma has a 2-year statute of limitations for medical malpractice with no separate statute of repose (the discovery rule applies). Oklahoma does not require an affidavit of merit — the prior requirement was struck down by the Oklahoma Supreme Court in John v. Saint Francis Hospital (2017). There are no damage caps for medical malpractice (the noneconomic cap was struck down in Beason 2019). Oklahoma does not have a patient compensation fund or mandatory pre-suit mediation.

Last verified: 2026-02-25

State law

Statute of Limitations

2 years from discovery76 O.S. § 18

Medical malpractice claims must be filed within 2 years from the date the plaintiff knew or should have known of the injury. There is no separate statute of repose in Oklahoma for medical malpractice.

Exceptions

Minors — Tolled until age 18 + 1 year12 O.S. § 96

If the patient is a minor, the statute of limitations is tolled until age 18, with 1 additional year to file after reaching majority.

Foreign Body — 1 year from discovery76 O.S. § 18

If a foreign object is left in the body, the claim must be filed within 1 year of discovery of the foreign body.

Fraudulent Concealment — 2 years from discovery76 O.S. § 18

If the healthcare provider fraudulently concealed the malpractice, the statute runs from the date of actual discovery.

State law

Damage Caps

Non-Economic Damages: No cap (struck down)Beason v. I.E. Miller Services, 2019 OK 28

The $350,000 noneconomic damage cap was struck down as unconstitutional in Beason (2019). There is no cap on noneconomic damages in medical malpractice cases.

Economic Damages: No cap

Oklahoma has no cap on economic (compensatory) damages in medical malpractice cases.

Punitive Damages: Three-tier system (see PI section)23 O.S. § 9.1

Punitive damages follow the same three-tier system as general personal injury: up to actual damages for negligence, up to 2x for intentional/reckless conduct, and no cap for life-threatening conduct.

State law

Filing Requirements

No Affidavit of Merit RequiredJohn v. Saint Francis Hospital, 2017 OK 81

Oklahoma's prior requirement for an affidavit of merit was struck down as unconstitutional by the Oklahoma Supreme Court in John v. Saint Francis Hospital (2017). No pre-suit expert certification is required.

No Pre-Suit Notice Required

Oklahoma does not require a pre-suit notice letter or mandatory waiting period before filing a medical malpractice lawsuit.

No Medical Review Panel

Oklahoma does not require submission to a medical review panel or pre-suit mediation before filing suit in court.

State law

Key Oklahoma Statutes

Standard of Care — Locality Rule (Abolished)76 O.S. § 20.1

Oklahoma abolished the strict locality rule. Healthcare providers are held to the standard of care of a reasonably competent practitioner in the same or similar specialty — not limited to local community standards.

Informed Consent76 O.S. § 11

Healthcare providers must disclose the nature of the procedure, material risks, alternatives, and the risks of doing nothing. Claims are evaluated under a reasonable patient standard — what a reasonable patient would want to know.

State law

Official Sources

Oklahoma Legislature — Medical Liability John v. Saint Francis Hospital (2017)

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Oklahoma.

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Medical Malpractice Laws in Oklahoma.

Statute of Limitations

Damage Caps

Filing Requirements

Key Oklahoma Statutes

Official Sources

Not Legal Advice

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