Dedicated and Compassionate Birth Injury Attorneys Serving Clients Nationwide. Call us today at
(877) 262-9767 for a confidential consultation.
(877) 262-9767 for a confidential consultation.
Oklahoma
- SOL for Medical Malpractice Claims (Minor Plaintiffs): 19 years
- SOL for Medical Malpractice Claims (Parental Claims): 2 years
- SOL for Wrongful Death Claims: 2 years
Oklahoma Statute of Limitations for Medical Malpractice Claims (Minor Plaintiffs)
19 years: 12 Okla. Stat. § 96 held unconstitutional by Mowles v. Hillcrest, 832 P.2d 24 (1991).
Oklahoma Statute of Limitations for Medical Malpractice Claims (Parental Claims)
2 years: 76 Okla. Stat. § 18: An action for damages for injury or death against any physician, health care provider or hospital licensed under the laws of this state, whether based in tort, breach of contract or otherwise, arising out of patient care, shall be brought within two (2) years of the date the plaintiff knew or should have known, through the exercise of reasonable diligence, of the existence of the death, injury or condition complained of; provided, however, the minority or incompetency when the cause of action arises will extend said period of limitation.
Oklahoma Medical Malpractice Claim Caps
23 Okla. Stat. Ann. § 61.2: Except as provided in subsection C of this section, in any civil action arising from a claimed bodily injury, the amount of compensation which a trier of fact may award a plaintiff for noneconomic loss shall not exceed Three Hundred Fifty Thousand Dollars ($350,000.00), regardless of the number of parties against whom the action is brought or the number of actions brought. (Does not apply to reckless disregard, gross negligence, fraud, intentional, or with malice).
Oklahoma Statute of Limitations for Wrongful Death Claims
2 years: 12 Okla. Stat. § 1053: When the death of one is caused by the wrongful act or omission of another, the personal representative of the former may maintain an action therefor against the latter, or his or her personal representative if he or she is also deceased, if the former might have maintained an action, had he or she lived, against the latter, or his or her representative, for an injury for the same act or omission. The action must be commenced within two (2) years.
Alabama Wrongful Death Claim Caps
Not applicable for the state of Oklahoma.
The information presented on this website is not intended to be legal advice and does not constitute legal advice. The information presented on this site may not reflect the most current version of the law. Grant & Eisenhofer P.A is not responsible for any errors or omissions in the content of this site or for damages arising from the use or performance of this site under any circumstances. Each situation varies. Please contact an attorney if you believe you have a legal claim.
Discuss Your Potential Birth Injury Claim With Our Attorneys
If you or your child has suffered a birth injury due to medical malpractice or negligence, speak with our birth injury lawyers. We can answer your questions about the statute of limitations for birth injuries in your state.
Call us at (877) 262-9767 or contact us online to schedule a free consultation. We represent families nationwide and have offices in Chicago IL, Baltimore MD, New York NY, and Wilmington DE.