OK · Health & Medical

Health & Medical in Oklahoma

By CanISueForThis Editorial Team Reviewed by Editorial Team Updated March 21, 2026

Key Oklahoma Law

Oklahoma Statutes Title 76, Section 18

Oklahoma requires medical malpractice claims to be filed within two years of the act or omission under Okla. Stat. tit. 76, § 18, or within two years of when the injury was discovered (with a three-year absolute repose).

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Procedural Details in Oklahoma

Oklahoma does not require a certificate of merit at filing but requires expert testimony at trial. Oklahoma does not currently cap non-economic damages in medical malpractice cases — the Oklahoma Supreme Court struck down a $350,000 non-economic cap as unconstitutional in Beason v. I.E. Miller Services, Inc. (2020). Oklahoma applies modified comparative fault (51% bar). The Oklahoma State Board of Medical Licensure and Supervision investigates complaints. Government entity claims require a notice of tort claim under Okla. Stat. tit. 51, § 156.

Oklahoma Agencies & Resources

Oklahoma State Board of Medical Licensure and Supervision

Licenses and disciplines physicians in Oklahoma; investigates complaints about professional conduct.

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Oklahoma Department of Health

Oversees hospital licensing and patient safety in Oklahoma.

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Oklahoma Insurance Department

Regulates health insurance and handles consumer complaints in Oklahoma.

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Frequently Asked Questions

What is the statute of limitations for medical malpractice in Oklahoma?

Oklahoma Stat. tit. 76, § 18 provides two years from the act or discovery, with a three-year absolute repose period. There is no formal pre-suit notice or certificate of merit required to file a complaint.

Does Oklahoma cap non-economic damages in malpractice?

Oklahoma previously had a $350,000 cap on non-economic damages, but it was struck down as unconstitutional by the Oklahoma Supreme Court. Currently, there is no enforceable statutory cap on non-economic damages in Oklahoma medical malpractice cases.

Does Oklahoma require a certificate of merit to file a malpractice claim?

Oklahoma does not require a formal certificate of merit or pre-suit affidavit as a filing prerequisite. Expert testimony from a qualified medical professional will be required at trial to establish the applicable standard of care and the deviation from it.

How do I file a complaint against a doctor in Oklahoma?

Complaints may be submitted to the Oklahoma State Board of Medical Licensure and Supervision at okmedicalboard.org. The Board investigates and may impose disciplinary conditions, suspension, or revocation. Board actions are separate from any civil lawsuit.

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By CanISueForThis Editorial Team Reviewed by Editorial Team Updated March 21, 2026