Oklahoma Medical Malpractice Lawyers

State

Statutes of Limitation

Limits on Damage Awards

Pre-trial Screening and Arbitration

Oklahoma

§76-18. 2 years from reasonable discovery.

§12-96. Minors under 12: 7 years. Minors over 12: 1 year after attaining majority but in no event less than 2 years from injury.

§63-1-1708.1F. $300,000 limit on non-economic damages in all malpractice cases; limit also specific to obstetric and emergency room care. No limits for negligence or wrongful death.

§23-9.1.  Punitive damages awarded based on condition of misconduct.

§63-1-1708.1E.  Affidavit to be submitted by plaintiff stating consultation with qualified expert; includes written opinion from expert that act or omission constituted professional negligence and claim is meritorious.

Joint and Several Liability

Expert Witnesses

Oklahoma Malpractice Attorney Fees

Patient Compensation or Stabilization Fund

§23-15. Defendants are proportionally liable according to percentage of fault for damages awarded, unless found more than 50% at fault or guilty of willful misconduct or reckless disregard.

§63-1-1708.1I. Expert witness must be licensed to practice medicine or have other substantial training and experience in area of health care relevant to claim; actively practicing or retired from services relevant to claim.

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

§76-22. State Insurance Fund authorized to offer malpractice insurance and/or reinsurance based on claims and loss ratio. State Board for Property and Casualty Rates must approve prior to release, based on finding that available reserves are sufficient.