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What is the statute of limitations for a medical malpractice lawsuit in Oklahoma?
If you are thinking about filing a medical
malpractice lawsuit in Oklahoma, the first thing you need to be aware of is
the statute of limitations. This is a state law that puts a strict limit on the
amount of time you have to get your case started in the state’s civil court
Oklahoma, getting a medical malpractice lawsuit started means filing not just
the initial complaint, but also an affidavit in which the plaintiff (the person
filing the lawsuit) states under oath that there is good cause for the lawsuit
and that a qualified expert
medical witness believes that the defendant’s conduct amounted to medical
Now, what does the law say? Oklahoma, like many states, has passed
a statute of limitations that applies specifically to medical malpractice
lawsuits. Oklahoma Statutes section 76-18 says “An action for damages for injury or death against
any physician, health care provider or hospital licensed under the laws of this
state…shall be brought within two years
of the date the plaintiff knew or should have known, through the exercise of
reasonable diligence,” of the existence of the case.
mind that if you did not discover right away that a medical error was committed, as
the plaintiff you have the burden of proving that you couldn’t have discovered
it even through the “exercise of reasonable diligence.”
Having read all of this, you may be wondering what happens
if you try to file your medical malpractice lawsuit after Oklahoma’s statute of
limitations deadline has already passed. In that situation, it’s a safe bet
that the doctor or health care facility you’re trying to sue will file a legal
motion asking the court to dismiss the case, the court will grant the request,
and that will be the end of your lawsuit. So, it’s easy to see why it’s important
to pay attention to the statute of limitations as it applies to your specific
situation. Learn more about the Statute of Limitations in a Medical Malpractice Case.
by: David Goguen,
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