Delete Pages From Legal Oklahoma Malpractice Forms For Free

You have two years from the date of injury to file a medical malpractice claim in Oklahoma. TThis period may start on the actual date the injury occurred or, if symptoms of injury are delayed, on the date it became known.

The injured patient must show that the physician acted negligently in rendering care, and that such negligence resulted in injury. To do so, four legal elements must be proven: (1) a professional duty owed to the patient; (2) breach of such duty; (3) injury caused by the breach; and (4) resulting damages.

There is no limitation on economic damages but there is an overall cap of $350,000 for noneconomic damages unless there is a finding by clear and convincing evidence that the defendant acted with reckless disregard for the rights of others, were grossly negligent, were fraudulent, were intentional, or were with malice.

While there are no limits on economic damages, the maximum amount you can receive in non-economic damages is $350,000, unless there is a wrongful death associated with the medical negligence.

The total in Oklahoma cases was more than $1.4 billion. The national average medical malpractice award between 1990 and 2020 was $101,716. In Oklahoma it was $47,227. However in 2019, the average award dropped to $75,380 nationally, but increased in Oklahoma to $61,543.

Oklahoma Medical Negligence: Statutes of Limitations and Caps on Damages. When a medical care provider acts in a way, either through action or inaction, that causes harm to the patient, medical malpractice has occurred. Malpractice can occur by any medical professional and at any point of the treatment plan.