What Are the Time Limits for Filing a Medical Malpractice Case in Oklahoma?

Understanding the time limits for filing a medical malpractice case in Oklahoma is crucial for patients seeking justice after receiving inadequate medical care. In legal terms, these time limits are known as statutes of limitations, and they dictate how long an injured party has to initiate a lawsuit. In Oklahoma, the statute of limitations for medical malpractice claims is generally two years from the date the injury occurred or from the date the injured party discovered or should have discovered the injury.

Specifically, Oklahoma law, under §12-95, provides that the injured party must file their medical malpractice claim within two years. If the injury is not immediately apparent, the injured party has an additional time frame known as the “discovery rule,” which postpones the start of the limitation period until the injury is discovered or should have reasonably been discovered.

It’s important to note that this two-year time limit applies to most medical malpractice cases; however, there are exceptions that can change the time limits. For instance, if the patient is a minor, the statute of limitations may be toll until the child reaches the age of majority (18 years old), allowing them to file a claim when they are an adult.

Another exception includes circumstances where the medical provider involved concealed information, leading to a significant delay in discovery of the malpractice. In such cases, the statute of limitations may be extended. However, these situations can be complex and often require legal analysis, thus consulting with an experienced medical malpractice attorney is advisable.

Moreover, Oklahoma requires a "Notice of Intent" to be filed before pursuing a medical malpractice lawsuit. This notice must typically be submitted at least 90 days before the actual lawsuit is filed. This requirement means that if you believe you have a case, it is critical to begin the process well before the two-year deadline to allow for this preliminary step.

In conclusion, if you suspect that you have been a victim of medical malpractice in Oklahoma, understanding the time limits for filing your claim is vital. Always consult with a qualified attorney who specializes in medical malpractice to ensure that your rights are protected and that you meet all necessary legal deadlines.