Oklahoma Medical Malpractice Statute of Limitations

The basic definition of malpractice is the same, no matter the state of your residence. If your physician failed to diagnose your illness or injury, failed to provide the appropriate treatment, or did not start treatment in a reasonable period, you have the basis of a lawsuit, if you have suffered injury or death due to negligence or wanton disregard for your person.  However, the statutes vary.  For example, Oklahoma gives the former patient 2 years to file a claim, in most cases.

Time Limits for Filing a Claim in Oklahoma

In most cases, individuals have two years to file a claim of malpractice.  However, if the patient is a minor at the time of the act or omission, special considerations apply.  If the child is younger than 12, the parents or guardian have 7 years to file a claim.  If the child is over the age of 12, he/she has one year after turning eighteen to file a malpractice suit.

Negligence Laws

Unlike some other states, the negligence laws in Oklahoma are determined on a percentage basis, if there is more than one defendant.  For instance, maybe the doctor is 70% responsible, but another health care professional is deemed to have contributed to the injury or death by 30%.  The doctor can only be held responsible for 70% of the total award.  So, during the court proceedings, blame must be assessed.  For more information regarding negligence laws in Oklahoma, see below:

Award Limits in Oklahoma

In some cases, Oklahoma has award limits of $300,000 for non-economical judgments.  However, the limited do not apply if the patient died, or the health care professional was found to have failed to properly care for the individual in a willful and wanton manner.  Therefore, the family has some recourse if the breadwinner has died or the doctor has been knowingly negligent.

Legal Help

If you have cause to file a claim of malpractice, you should have the appropriate legal counsel.  A lawyer that specializing in these types of cases can make sure that you do not settle for less than you deserve.  In addition, he/she can help you calculate potential earnings lost, cost of continuing care, and other damages to which you are entitled.  If you have suffered injury or death because of a doctor’s negligence, you should get every penny you deserve.