## 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.

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;

1. Within five (5) years: An action upon any contract, agreement, or promise in writing;

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;

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;

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

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;

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 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].

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 licensed under the laws of this state, whether based in tort, breach of contract or otherwise, 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; provided, however, the minority or incompetency when the cause of action arises will extend said period of limitation.

(1) An action for breach of any contract for sale must be commenced within four (4) years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one (1) year but may not extend it.

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;

A. 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, or his or her personal representative if he or she is also deceased, if the former might have maintained an action, had he or she lived, against the latter, or his or her representative, for an injury for the same act or omission. The action must be commenced within two (2) years.

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

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.

Oklahoma tolls the statute of limitations for persons under legal disability (including minors) at the time the cause of action accrues; they have one year from removal of disability to bring suit. Okla. Stat. tit. 12, § 96. NOTE: task-provided suggested citation of § 98 was incorrect — § 98 governs defendant absence/concealment, not plaintiff disability.

Second-channel confirmation from oklegislature.gov Title 12 PDF. Oklahoma § 96 disability tolling text matches OSCN primary source.

Oklahoma tolls the limitations period when defendant is out of state at accrual; period does not begin to run until defendant enters the state. Okla. Stat. tit. 12, § 98. NOTE: task-provided suggested citation of § 100 was incorrect — § 100 governs limitation of new action after reversal or non-merit failure, not defendant absence.

Second-channel confirmation from oklegislature.gov Title 12 PDF. Confirms § 98 tolling for defendant absence. Minor wording difference from OSCN version ('absconded' absent) may reflect statutory amendment; core principle of absence tolling confirmed by both sources.

Oklahoma § 98 also covers defendant concealment: time of concealment is not computed as part of the limitations period. Same statute as defendant_absence tolling.

Second-channel confirmation from oklegislature.gov Title 12 PDF. Confirms § 98 tolling for defendant concealment.

Oklahoma § 95(A)(3) contains an explicit statutory discovery rule for fraud. Common-law discovery rule extends to other latent-injury claims per Tylle v. Zoucha, 1992 OK 45. Discovery rule is enabled in Oklahoma.

Second-channel confirmation from oklegislature.gov Title 12 PDF. Oklahoma § 95(A)(3) discovery rule for fraud confirmed.

When a cause of action accrues against a person and that person is out of the state or has 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 concealed. If, after a cause of action accrues against a person and that person leaves the state or conceals 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.

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.

If a person entitled to bring an action other than for the recovery of real property, except for a penalty or forfeiture, be, at the time the cause of action accrued, under any legal disability, every such person shall be entitled to bring such action within one (1) year after such disability shall be removed, except that, after the effective date of this section, an action for personal injury to a minor under the age of twelve (12) arising from medical malpractice must be brought by the minor's parent or guardian within seven (7) years of infliction of the injury, provided a minor twelve (12) years of age and older must bring such action within one (1) year after attaining majority, but in no event less than two (2) years from the date of infliction of the injury, and an action for personal injury arising from medical malpractice to a person adjudged incompetent must be brought by the incompetent person's guardian within seven (7) years of infliction of the injury, provided an incompetent who has been adjudged competent must bring such action within one (1) year after the adjudication of such competency, but in no event less than two (2) years from the date of infliction of the injury.

How the limitation period applies

Oklahoma — Statute of Limitations

Use the calculator

Sources