Oklahoma · Medical Malpractice
Oklahoma medical malpractice damage caps and statute of limitations
Refreshed 2026. Cap ruled unconstitutional damage cap. 2 years from discovery of injury. Full breakdown below.
Damage caps
No statuteNon-economic damages cap
None
Total damages cap
None
Status
unconstitutional
Notes
General noneconomic cap of $350,000 ruled unconstitutional in Beason v. I.E. Miller Services, Inc. (2019) on equal protection grounds. Medical malpractice-specific cap status uncertain.
Statute of limitations
OK Stat. tit. 76, § 18Standard SOL
2 years from discovery of injury
Discovery rule
Yes; runs from when injury was or should have been discovered
Statute of repose
None specific to medical malpractice
Minor exception
Tolled during minority; SOL begins at age 18
Wrongful death SOL
2 years from date of death
Notes
No statute of repose for medical malpractice, which is unusual and plaintiff-friendly.
Beyond the lookup: Oklahoma venue intelligence
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Oklahoma med-mal FAQ
What is the medical malpractice statute of limitations in Oklahoma?+
2 years from discovery of injury. Yes; runs from when injury was or should have been discovered Statute of repose: None specific to medical malpractice. Wrongful death: 2 years from date of death. No statute of repose for medical malpractice, which is unusual and plaintiff-friendly. Source: OK Stat. tit. 76, § 18.
Does Oklahoma have a medical malpractice damage cap?+
No active cap. General noneconomic cap of $350,000 ruled unconstitutional in Beason v. I.E. Miller Services, Inc. (2019) on equal protection grounds. Medical malpractice-specific cap status uncertain.
How does Oklahoma handle the discovery rule in med-mal cases?+
Yes; runs from when injury was or should have been discovered
What is the Oklahoma minor exception for medical malpractice?+
Tolled during minority; SOL begins at age 18
What is the wrongful death statute of limitations for Oklahoma medical malpractice?+
2 years from date of death
Other state lookups
This tool is informational. It is not legal advice. Oklahoma damage caps and statute of limitations periods change frequently. Always verify against current statute and consult a licensed Oklahoma attorney before relying on a deadline. Data refreshed May 2026.