Medical Malpractice:

Oklahoma

State: Oklahoma
 
Link to State Law: Oklahoma Statutes

The following information is meant to be a guide. It is believed to be accurate at the time of authorship but may not reflect the most current data due to changes in the law. If you require legal assistance or guidance with regard to Oklahoma state law, contact an experienced attorney.

Statute of Limitations:
A medical malpractice action in Oklahoma must be commenced within two years of the act or omission giving rise to the injury. If the case involves a minor under the age of 12, the minor's parent or guardian must bring suit on behalf of the minor within seven years after the act or omission giving rise to the injury. If the minor was 12 or older when the medical malpractice injury occurred, he or she has one year after turning 18 to file suit, but in no event less than two years from the date of injury.

Minimum Qualifications of Expert Witnesses:
An expert witness testifying on behalf of the plaintiff in a medical malpractice case must be licensed to practice medicine or have other substantial training or experience, in any area of health care relevant to the claim. In addition, the medical malpractice expert witness must be actively practicing or retired from practicing health care in any area of health care services relevant to the claim. These restrictions do not apply to defendants or to the employees of defendant health care institutions who are testifying as expert witnesses.

Limitations on Monetary Damages: For cases in Oklahoma, there is a $300,000.00 limit on medical malpractice noneconomic damages. In medical malpractice cases involving wrongful death, this limit does not apply. In addition, this limit is not applicable if the defendant is specifically found to have been negligent or to have engaged in willful and wanton conduct.

Limitations on Attorney Fees: Under Oklahoma law, the attorney fees may not exceed 50% of the net judgment.

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