Oklahoma (OK) Medical Malpractice Laws
Everything you need to know about filing a medical malpractice claim in Oklahoma.
Damage Cap
$350,000 non-economic damages
Statute of Limitations
2 years from the date the alleged act of negligence occurred
Discovery Rule
Oklahoma applies the discovery rule in limited circumstances, primarily where the injury could not reasonably have been discovered at the time it occurred.
Pre-Filing Requirements
Plaintiffs must file an affidavit of merit from a qualified expert with the petition.
Average Settlement
$175,000 - $400,000
Average Verdict
$300,000 - $1,000,000
Key Facts About Oklahoma Medical Malpractice Law
- 1Oklahoma caps non-economic damages at $350,000 in medical malpractice cases.
- 2An affidavit of merit must be filed with the petition along with an expert opinion supporting the claim.
- 3Oklahoma follows a modified comparative negligence system with a 51% bar.
- 4Punitive damages are capped at the greater of $100,000 or the amount of actual damages, with enhanced caps for intentional conduct.
Need Help with a Oklahoma Medical Malpractice Case?
If you believe you have a medical malpractice claim in Oklahoma, it is important to act quickly. The statute of limitations in Oklahoma is 2 years from the date the alleged act of negligence occurred. Most medical malpractice attorneys offer free initial consultations.