Oklahoma medical malpractice deadlines: how long you have to act.

In Oklahoma, a claim for injury or death against a licensed physician, health care provider, or hospital arising out of patient care generally must be brought within 2 years of the date the patient knew, or with reasonable diligence should have known, of the death, injury, or condition complained of (76 O.S. § 18).

The main special rules:

• Children: for a child under 12, a parent or guardian generally must bring the claim within 7 years of the injury. Older children have a different rule.
• Incompetent patients: a guardian generally has 7 years from the injury, with a separate rule if the patient is later found competent.
• Wrongful death: the personal representative generally must bring the action within 2 years.
• Government and federal providers: written notice rules and their own deadlines apply.

These are general rules, not legal advice. Deadlines depend on the exact facts, so talk with an attorney licensed in Oklahoma about your dates.

Oklahoma’s medical malpractice statute doesn’t start the clock on the day of the care. It runs from the date the patient “knew or should have known, through the exercise of reasonable diligence,” of the death, injury, or condition complained of (76 O.S. § 18).

Oklahoma also has a general 2-year limit for many injury claims, counted from when the cause of action accrued (12 O.S. § 95(A)(3)). For claims arising out of patient care against licensed physicians, health care providers, and hospitals, the medical malpractice statute sets its own starting point.

When someone “should have known” is often disputed. A missed diagnosis may only come to light when another doctor finds it, and a surgical problem may take months to show. Don’t assume the clock started late. Write down when the care happened and when you first learned or suspected something went wrong, and give both dates to an attorney.

The statute applies to an action for damages for injury or death against “any physician, health care provider or hospital licensed under the laws of this state.” It covers claims arising out of patient care, whether they are based in tort, breach of contract, or otherwise (76 O.S. § 18).

So calling a claim a broken promise or a contract dispute generally doesn’t change the deadline. Whether a particular provider, such as a clinic, a nurse, or a nursing home, falls under this statute depends on the facts. Ask an attorney which rule applies to the provider involved.

Oklahoma’s medical malpractice statute says that minority when the cause of action arises will extend the 2-year period (76 O.S. § 18). A separate statute sets out how a malpractice claim for an injury to a minor works (12 O.S. § 96):

• Under 12: an action for personal injury to a minor under the age of 12 arising from medical malpractice must be brought by the minor’s parent or guardian within 7 years of the injury.
• 12 and older: the minor must bring the action within 1 year after reaching the age of majority, but in no event less than 2 years from the date of the injury.

The 7 years for a younger child run from when the injury happened, not from a birthday. How these rules work together for a particular child is a question to raise with an attorney early, so don’t wait for a milestone age. See birth injuries for more on concerns about a baby’s care.

The medical malpractice statute also says that incompetency when the cause of action arises will extend the 2-year period (76 O.S. § 18). For a person who has been adjudged incompetent, the same separate statute sets the timing (12 O.S. § 96):

• Through a guardian: an action for personal injury arising from medical malpractice must be brought by the guardian within 7 years of the injury.
• If competency is restored: a person later adjudged competent must bring the action within 1 year after that adjudication, but in no event less than 2 years from the date of the injury.

These rules depend on formal findings about competency and on specific dates. A family member or guardian should talk with an attorney about which dates apply.

The medical malpractice statute covers actions for death as well as injury (76 O.S. § 18). Under Oklahoma’s wrongful death statute, when a death is caused by the wrongful act or omission of another, the personal representative of the person who died may bring the action, if the person could have brought an action for the same act or omission had they lived. The statute says the action must be commenced within 2 years (12 O.S. § 1053(A)).

When that 2-year period starts, and how it fits with the time the patient had for their own claim, depends on the facts. Because the personal representative is usually the one who must act, families should talk with an attorney early about who can bring the claim.

Oklahoma has a rule for cases that were filed on time but end without a decision on the merits. If an action was commenced in time and the plaintiff fails in it otherwise than upon the merits, or a judgment for the plaintiff is reversed, a new action may generally be commenced within 1 year after the failure or reversal, even if the time limit has expired by then (12 O.S. § 100).

This is a narrow rule with conditions. Whether it applies to a particular case is a question for an attorney, and it doesn’t help a claim that was never filed in time.

Oklahoma law gives a current or former patient of a doctor, hospital, or other medical institution the right, upon request, to access the information in their medical records, including x-rays and other images, pathology slides, and medical bills (76 O.S. § 19(A)(1)). Copies are furnished upon request and payment of the copying charges the statute sets (§ 19(A)(2)).

For a patient who has died, release of the records requires a court order or a written release from the court-appointed personal representative or, if none has been appointed, from the spouse or, if there is no spouse, a responsible family member as the statute defines it (§ 19(A)(1)). Psychological, psychiatric, mental health, and substance abuse treatment records follow a different law (§ 19(A)(3)).

Requesting records early helps an attorney review the care before a deadline gets close.

• Write down the dates: when the care happened, and when you first learned or suspected something went wrong.
• Request your medical records and keep bills, discharge papers, and anything you were given.
• Note who provided the care, including whether it was a state or county hospital, a city provider, or a VA or military facility, since different rules may apply.
• Talk with an attorney licensed in Oklahoma soon. Only an attorney can tell you which deadline applies and how much time is left.

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This guide summarizes the Oklahoma Statutes and federal law. It is general information, not legal advice.

• 76 O.S. § 18: limitation of actions against physicians, health care providers, and hospitals
• 12 O.S. § 95: limitation of other actions
• 12 O.S. § 96: persons under legal disability; minors and incompetent persons in medical malpractice actions
• 12 O.S. § 1053: wrongful death
• 12 O.S. § 100: new action after reversal or failure otherwise than on the merits
• 51 O.S. § 152, § 156, and § 157: Governmental Tort Claims Act definitions, claims, and denial
• 76 O.S. § 19: access to medical records
• 28 U.S.C. § 2401(b): federal tort claims