Oklahoma Birth Injury Lawyers

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Oklahoma Medical Liability/Malpractice Statutes of Limitation

All states have set deadlines for when a patient may file a civil claim, known as statutes of limitation, for medical liability and malpractice claims. The majority of the states have special provisions regarding the time limits for minors to file medical liability and malpractice claims. Twenty-two states have special provisions regarding foreign objects.

Okla. Stat. tit. 76, §18 and tit. 12, §96 Two years from reasonable discovery. Minors under age 12: within seven years of injury. Minors over age 12: One year after attaining majority but in no event less than two years from injury.

Oklahoma Medical Liability/Medical Malpractice Laws

Damage Award Limit or Cap

23 §9.1. Where the jury finds by clear and convincing evidence that: The defendant has been guilty of reckless disregard for the rights of others; the jury, may award punitive damages in an amount not to exceed the greater of: a. $100,000, or b. the amount of the actual damages awarded. Where the jury finds by clear and convincing evidence that: The defendant has acted intentionally and with malice towards others; the jury may award punitive damages in an amount not to exceed the greatest of: a. $500,000, b. twice the amount of actual damages awarded, or c. the increased financial benefit derived by the defendant as a direct result of the conduct causing the injury to the plaintiff and other persons or entities. Where the jury finds by clear and convincing evidence that: The defendant has acted intentionally and with malice towards others; and the court finds that there is evidence beyond a reasonable doubt that the defendant acted intentionally and with malice and engaged in conduct life-threatening to humans, the jury, may award punitive damages in any amount the jury deems appropriate, without regard to the limitations set forth above.

23 §61.2 (2011 Chapter 14). A. In any civil action arising from a claimed bodily injury, the amount of compensation which the trier of fact may award a plaintiff for economic loss shall not be subject to any limitation.
B. 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 $350,000, regardless of the number of parties against whom the action is brought or the number of actions brought.
C. Notwithstanding subsection B of this section, there shall be no limit on the amount of noneconomic damages which the trier of fact may award the plaintiff in a civil action arising from a claimed bodily injury resulting from negligence if the judge and jury finds, by clear and convincing evidence, that the defendant’s acts or failures to act were: 1. In reckless disregard for the rights of others; 2. Grossly negligent; 3. Fraudulent; or 4. Intentional or with malice.

Limits on Attorney Fees

5 §7. Fee may not exceed 50 percent of net judgment.

Periodic Payments

No applicable statute.

Patient Compensation or Injury Fund

36 §2211. Health Care Indemnity Fund Task Force

Medical or Peer Review Panels

63 §1-1709.1 et seq. Peer review bodies