## How the limitation period applies

The controlling primary authority for US-OK medical malpractice SOL (76-18) is **76-18**.

> **76-18.** arising out of patient care, shall be brought within two (2) years of the date the plaintiff knew or should have known, through the exercise of reasonable diligence, of the existence of the death, injury or condition complained of

## Use the calculator

DocketMath's statute-of-limitations tool can model these timelines once you identify the controlling claim type and accrual date. Use the source panel for the verified primary-source citations.

[Open the Statute of Limitations calculator](/tools/statute-of-limitations)

## Sources

- [76-18 — 76-18](https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=72848)

All sources are official primary law published by `www.oscn.net`.

**Corroboration method:** spa_subagent_dual_fetch.


Statute of limitations for medical malpractice in Oklahoma — backed by real statute citations.

Statute of limitations for medical malpractice in Oklahoma

A. Civil actions other than for the recovery of real property can only be brought within the following periods, after the cause of action shall have accrued, and not afterwards: 1. Within five (5) years: An action upon any contract, agreement, or promise in writing; 2. Within three (3) years: An action upon a contract express or implied not in writing; an action upon a liability created by statute other than a forfeiture or penalty; and an action on a foreign judgment; 3. Within two (2) years: An action for trespass upon real property; an action for taking, detaining, or injuring personal property, including actions for the specific recovery of personal property; an action for injury to the rights of another, not arising on contract, and not hereinafter enumerated; an action for relief on the ground of fraud - the cause of action in such case shall not be deemed to have accrued until the discovery of the fraud; 4. Within one (1) year: An action for libel, slander, assault, battery, malicious prosecution, or false imprisonment; an action upon a st

Civil actions other than for the recovery of real property can only be brought within the following periods, after the cause of action shall have accrued, and not afterwards: 2. Within three (3) years: An action upon a contract express or implied not in writing; an action upon a liability created by statute other than a forfeiture or penalty; and an action on a foreign judgment;

An action upon any contract, agreement, or promise in writing [5 years].

A. Civil actions other than for the recovery of real property can only be brought within the following periods, after the cause of action shall have accrued, and not afterwards: 1. Within five (5) years: An action upon any contract, agreement, or promise in writing;

An action for trespass upon real property; an action for taking, detaining, or injuring personal property, including actions for the specific recovery of personal property; an action for injury to the rights of another, not arising on contract, and not hereinafter enumerated; an action for relief on the ground of fraud (cause of action not deemed to have accrued until discovery of the fraud) [2 years].

Civil actions other than for the recovery of real property can only be brought within the following periods, after the cause of action shall have accrued, and not afterwards: 3. Within two (2) years: An action for trespass upon real property; an action for taking, detaining, or injuring personal property, including actions for the specific recovery of personal property; an action for injury to the rights of another, not arising on contract, and not hereinafter enumerated; an action for relief on the ground of fraud - the cause of action in such case shall not be deemed to have accrued until the discovery of the fraud;

An action for libel, slander, assault, battery, malicious prosecution, or false imprisonment; an action upon a statute for penalty or forfeiture [1 year].

An action for damages for injury or death against any physician, health care provider or hospital ... shall be brought within two (2) years of the date the plaintiff knew or should have known, through the exercise of reasonable diligence, of the existence of the death, injury or condition complained of; provided, however, the minority or incompetency when the cause of action arises will extend said period of limitation.

An action for breach of any contract for sale must be commenced within five (5) years after the cause of action has accrued.

Within three (3) years: An action upon a contract express or implied not in writing; an action upon a liability created by statute other than a forfeiture or penalty; and an action on a foreign judgment;

When the death of one is caused by the wrongful act or omission of another, the personal representative of the former may maintain an action therefor against the latter ... if the former might have maintained an action, had he or she lived, against the latter ... The action must be commenced within two (2) years.

Civil actions other than for the recovery of real property can only be brought within the following periods, after the cause of action shall have accrued, and not afterwards: 1. An action upon any contract, agreement, or promise in writing [5 years]; 2. An action upon a contract express or implied not in writing; an action upon a liability created by statute other than a forfeiture or penalty; and an action on a foreign judgment [3 years]; 3. An action for trespass upon real property; an action for taking, detaining, or injuring personal property, including actions for the specific recovery of personal property; an action for injury to the rights of another, not arising on contract, and not hereinafter enumerated; an action for relief on the ground of fraud (cause of action not deemed to have accrued until discovery of the fraud) [2 years]; 4. An action for libel, slander, assault, battery, malicious prosecution, or false imprisonment; an action upon a statute for penalty or forfeiture [1 year].

Under Okla. Stat. tit. 12 § 95(A)(3), an action 'for injury to the rights of another, not arising on contract' must be brought within two (2) years after the cause of action accrued. This is the controlling statute of limitations for general personal-injury / negligence actions in Oklahoma.

Under Okla. Stat. tit. 12 § 95(A)(2), an action upon a contract express or implied but not in writing must be brought within three years after the cause of action accrued. Controls oral contracts and implied contracts in Oklahoma.

An Oklahoma civil action for tortious interference with business relations (interference with prospective economic advantage or existing business relationships) is a non-contract intentional tort not enumerated in Okla. Stat. tit. 12, § 95(A)(4)'s one-year list (which covers only libel, slander, assault, battery, malicious prosecution, and false imprisonment). It therefore routes to the two-year catch-all in § 95(A)(3) for 'an action for injury to the rights of another, not arising on contract, 

Statute of limitations for personal injury in US-OK is 2 years under Okla. Stat. tit. 12 § 95(A)(3).

Statute of limitations for wrongful death in US-OK is 2 years under Okla. Stat. tit. 12, § 1053.

Statute of limitations for medical malpractice in US-OK is 2 years under Okla. Stat. tit. 76, § 18.

Statute of limitations for legal malpractice in US-OK is 2 years under Okla. Stat. tit. 12, § 95(A)(3).

Statute of limitations for product liability in US-OK is 2 years under Okla. Stat. tit. 12, § 95(A)(3).

Statute of limitations for premises liability in US-OK is 2 years under Okla. Stat. tit. 12, § 95(A)(3).

Statute of limitations for property damage in US-OK is 2 years under Okla. Stat. tit. 12, § 95(A)(3).

Statute of limitations for trespass in US-OK is 2 years under Okla. Stat. tit. 12, § 95(A)(3).

Statute of limitations for fraud in US-OK is 2 years under Okla. Stat. tit. 12, § 95(A)(3).

Statute of limitations for interference with business relations tortious interference in US-OK is 2 years under Okla. Stat. tit. 12, § 95(A)(3).

Under Okla. Stat. tit. 12, § 95(A)(1), an action upon any contract, agreement, or promise in writing must be commenced within five years after the cause of action accrues; a credit-card account is governed by a written cardholder agreement, so credit-card debt is subject to this five-year period.

Under Okla. Stat. tit. 12, § 95(A)(4), an action for assault or battery (along with libel, slander, malicious prosecution, or false imprisonment) must be brought within one year after the cause of action accrues.

Oklahoma libel/written defamation claims must be brought within 1 year of accrual under Okla. Stat. tit. 12, § 95(A)(4).

Oklahoma actions upon any contract, agreement, or promise in writing must be brought within 5 years after the cause of action accrues under 12 O.S. § 95(A)(1).

Oklahoma actions for breach of any contract for sale of goods must be commenced within 5 years after the cause of action accrued under 12A O.S. § 2-725.

If, when a cause of action accrues against a person, he be out of the state, or has absconded or concealed himself, the period limited for the commencement of the action shall not begin to run until he comes into the state, or while he is so absconded or concealed; and if, after the cause of action accrues, he depart from the state, or abscond, or conceal himself, the time of his absence or concealment shall not be computed as any part of the period within which the action must be brought. If, however, a cause of action accrues against a person when he is out of this state, and the plaintiff shall be entitled to maintain an action thereon in a court of this state, the period of his absence or concealment shall be computed as part of the period within which the action must be brought whenever service can be made pursuant to another statute.

No action in tort to recover damages (i) for any deficiency in the design, planning, supervision or observation of construction or construction of an improvement to real property, (ii) for injury to property, real or personal, arising out of any such deficiency, or (iii) for injury to the person or for wrongful death arising out of any such deficiency, shall be brought against any person owning, leasing, or in possession of such an improvement or performing or furnishing the design, planning, supervision or observation of construction or construction of such an improvement more than ten (10) years after substantial completion of such an improvement.