Oklahoma Nursing Home Laws

Oklahoma Nursing Home Injury Law | Firm Serving OK

Nursing Home Negligence or Abuse

Statute of Limitations Okla. Stat. Ann. tit. 12 §95

  • Two years from when the injury was discovered, or reasonably should have been discovered.

Damages Cap Okla. Stat. Ann. tit. 23 §9.1

  • Non-economic damages are capped at $350,000 with certain exceptions. Such exceptions apply to the defendants' conduct: where the defendant is guilty of fraud, oppression, malice, or conduct demonstrating wanton or reckless disregard for the rights of another.
  • There is no limit on the amount of economic damages which may be awarded by the jury.
  • In cases of intentional and malicious acts, punitive damages are not capped.

Medical Malpractice

Statute of Limitations Okla. Stat. Ann. tit. 76 §18; Okla. Stat. Ann. tit. 12 §96

  • Two years from when the injury was discovered, or reasonably should have been discovered.
  • For children under 12 years, the case must be filed within seven years of the date of injury.
  • If the child was injured at 12 years or older, they have until one year after turning 18 to file a claim.
  • Mentally disabled individuals must file case within seven years of the date of injury.

Damages Cap Okla. Stat. Ann. tit. 23 §9.1

  • Non-economic damages are capped at $350,000 with certain exceptions. Such exceptions apply to the defendants' conduct: where the defendant is guilty of fraud, oppression, malice, or conduct demonstrating wanton or reckless disregard for the rights of another.
  • There is no limit on the amount of economic damages which may be awarded by the jury.
  • In no event shall the non-economic damages exceed the economic damages.
  • The cap does not apply if the judge finds the act causing injury was intentional and malicious and threatened human life.

Wrongful Death

Statute of Limitations Okla. Stat. Ann. tit. 12 §1053

  • Two years from date of death.
  • Damages for personal injury resulting in wrongful death may be brought in one action, for the benefit of the estate and the next of kin.
  • The statute provides for recovery for the pain and suffering of the decedent, as well as recovery for losses to the surviving spouse and dependents, medical and funeral expenses, and grief and loss of companionship.
  • The personal representative or next of kin must bring the cause of action for wrongful death.

Damages Cap

  • None.

The information provided here was prepared by the Pintas & Mullins Law Firm for research and informational purposes only. It does not constitute legal advice or an attorney-client relationship. While we try to keep this information current, the law is subject to change and it may not be reflected here immediately.

The Pintas & Mullins Law Firm expressly disclaims all liability with respect to actions taken or not taken based on the information provided. If you have a legal question or problem, please consult an attorney immediately.