Oklahoma Statutes

Okla. Stat. tit. 12, § 19 (2026)

Repealed by Laws 2013, 1st Ex.Sess., c. 12, § 1

✓ current as of July 2026
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NOTE: Laws 2009, c. 228, § 2, which created this section, was held unconstitutional by the Oklahoma Supreme Court in the case of Douglas v. Cox Retirement Properties, Inc., 2013 OK 37, 302 P.2d 789 (Okla. 2013). See, now, Title 12, § 19.1.

Notes of Decisions
Cited in 10 cases, 2012–2019 · leading case: Mullendore v. Mercy Hosp. Ardmore, 438 P.3d 358 (Okla. 2019).
Mullendore v. Mercy Hosp. Ardmore, 438 P.3d 358 (Okla. 2019). “3d 775 , 776 (declaring 12 O.S.2011 § 19 -which required plaintiffs alleging professional negligence to consult with, and to obtain a written opinion from, a qualified expert in support of their claim prior to filing their lawsuits-was "a special law which violates the Okla.”
Tucker v. The Cochran Firm-Crim. Def. Birmingham L.L.C., 2014 OK 112 (Okla. 2014). “The law firm's motion relied on 12 O.S. § 19; 1 a forum-selection clause in the contract; and Bakhsh v.”
Wall v. Marouk, 302 P.3d 775 (Okla. 2013). “On December 9, 2010, the trial court entered a certified interlocutory order denying the physician's motion to dismiss, and giving the patient twenty days from the date of the order to file an affidavit of merit pursuant to 12 O.S 2011 § 19 or face dismissal of the cause.”
Sanders ex rel. Ray v. Glanz, 138 F. Supp. 3d 1248 (N.D. Okla. 2015). “12(b)(1), (2), (4), (5) and (6), and Okla. Stat. tit. 12, § 19 . II. Discussion .”
Richardson, Richardson & Bodreaux, PLCC v. Morrissey, 283 P.3d 308 (Okla. 2012). “The affidavit fails to satisfy the requirement of 12 O.S.2011 § 19(A)(1)(b). 5 The motion to dismiss ar gued that the affidavit must contain an affirmation that a written opinion from a qualified expert was obtained.”
Von Downum v. Synthes, 908 F. Supp. 2d 1179 (N.D. Okla. 2012). “The Hospital filed a motion to dismiss the case, asserting Van Downum had failed to comply with 12 O.S. § 19, which requires a plaintiff in a professional negligence action to file an affidavit from a qualified expert stating that the expert, based upon a review of available…”
Flud v. United States Ex Rel. Dep't of Vets. Affairs, 528 F. App'x 796 (10th Cir. 2013). · cites it 2× “12(b)(1), arguing that Flud failed to comply with Okla. Stat. tit. 12, § 19 (A), which was passed as part of Oklahoma H.”
John v. Saint Francis Hosp., 2017 OK 81 (Okla. 2017). · cites it 5× “The professional affidavit requirements in Wall , were codified at Okla. Stat. tit. 12, § 19, Chapter 1B - Professional Negligence.”
Tucker v. The Cochran Firm-Crim. Def. Birmingham L.L.C., 2014 OK 112 (Okla. 2014). · cites it 6× “The law firm's motion relied on 12 O.S. § 19; 1 a forum-selection clause in the contract; and Bakhsh v.”
Lee v. Bueno, 2016 OK 97 (Okla. 2016). · cites it 2× “This Court held: Title 12 O.S. 2011 §19 creates a new subclass of tort victims and tortfeasors known as professional tort victims and tortfeasors.”
Okla. Stat. tit. 12, § 19(A)(1)(b): 1 case
Richardson, Richardson & Bodreaux, PLCC v. Morrissey, 283 P.3d 308 (Okla. 2012). “The affidavit fails to satisfy the requirement of 12 O.S.2011 § 19(A)(1)(b). 5 The motion to dismiss ar gued that the affidavit must contain an affirmation that a written opinion from a qualified expert was obtained.”
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