Name: Van Wey & Metzler
Address: 800 Bering Drive, Suite 220B, Houston, TX, 77057, US
Telephone: (346) 440-0707

Statute of Limitations	Medical Claim Generally: “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” [*Oklahoma Statute § 76-18]* Minors: “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.” [Oklahoma Statute § 12-96] Wrongful death: A wrongful death “action must be commenced within two (2) years” [*Oklahoma Statute § 12-1053]*
Damage Caps	Although Oklahoma Statute § 23-61.2 states that noneconomic damages “shall not exceed Three Hundred Fifty Thousand Dollars” except for gross negligence, fraud, etc., in 2019, this damage cap was ruled unconstitutional in medical negligence cases involving wrongful death. [Beason v. I.E. Miller Services, Inc.(2019)]
Attorney Fee Caps	Attorney Fees shall not exceed 50% of the net recovery. (5 OK Stat § 7 (2023)
Pre-suit Requirements	“Whenever a claim of personal injury is made against any practitioner of the healing arts or a licensed hospital, a report shall be made to the appropriate licensing board or agency by the liability insurer of such practitioner or hospital within sixty (60) days after receipt of information that a claim is being made. In the event that such claim is made against a party not insured, the report shall be made by the party.” [Oklahoma Statute § 76-16]
Expert Qualifications	Oklahoma only requires the general rules for experts that the testimony must be relevant and reliable [*Oklahoma Rules of Evidence Rule 702 and 703]*
Negligent Credentialing Claims	Although Oklahoma references a “claim for negligent credentialing or corporate negligence” by establishing that a “‘qualified expert’ means a physician or administrator who has or has had responsibility for credentialing or served on a medical staff committee involved in a credentialing process at the licensed health care entity,” [2022 Oklahoma Statutes Title 63. Public Health and Safety § 63-1-1708.1C] there hasn’t been a case that specifically establishes a cause of action/standard for negligent credentialing. Brewster & De Angelis v. Saint Francis Hospital focused on the hospital’s inadequate review and ignoring of red flags for credentialing of health care provider, but there hasn’t been a case that explicitly articulates a standard for negligent credentialing . Therefore, the law in this area is still evolving.