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Oklahoma Statutes

Okla. Stat. tit. 76, § 18 (2026)

Limitation of action

✓ current as of July 2026
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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. Added by Laws 1976, c. 44, § 2, emerg. eff. April 8, 1976. Amended by Laws 2002, c. 462, § 4, eff. July 1, 2002.

Notes of Decisions
Cited in 24 cases (5 in the last 5 years), 1982–2024 · leading case: Reynolds v. Porter, 760 P.2d 816 (Okla. 1988).
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Reynolds v. Porter, 760 P.2d 816 (Okla. 1988). · cites it 5× “The petitioner, a plaintiff in a medical malpractice action, challenges the constitutionality of the three-year proviso in 76 O.S.1981 § 18 which limits the scope of recoverable damages when an action is brought more than three years from the date of the injury.”
McCarroll v. Doctors Gen. Hosp., 664 P.2d 382 (Okla. 1983). · cites it 8× “It is only the constitutionality and applicability of 76 O.S.1981, § 18 to the case at bar which is herd presented on appeal.”
Zeier v. Zimmer, Inc., 2006 OK 98 (Okla. 2006). · cites it 2× “In Reynolds , we held that the three-year proviso in 76 O.S.1981 § 18 was a special statute of limitations absolutely prohibited by art.”
Wing v. Lorton, 2011 OK 42 (Okla. 2011). · cites it 3× “Okla. Stat. tit. 76, § 18 (Supp.2002). Defendants urged that "[bly April, 2006, and before, Mrs.”
Tice v. Pennington, 2001 OK CIV APP 95 (Okla. Civ. App. 2001). · cites it 3× “76 O.S.1991, § 18. ¶ 12 The alternative rule, which is the one here urged by Hospital, makes the time limit of Section 156(B) of the Oklahoma Tort Claims Act operate as a statute which affects the cause of action so that the Rule of Discovery does not toll the time limitation of…”
Crawford v. Osu Med. Trust, 2022 OK 25 (Okla. 2022). · cites it 9× “See 76 O.S.2011 § 18 Wing v. Lorton , 2011 OK 42 261 P.”
Weathers v. Fulgenzi, 884 P.2d 538 (Okla. 1994). · cites it 2× “We note that there may be some question as to whether the proper statute of limitation in this action is 76 O.S.1981, § 18, 2 rather than 12 O.S.1981, § 95.”
In Re Initiative Petition No. 349, State Question No. 642, 838 P.2d 1 (Okla. 1992). “1988) (declared 76 O.S.1981, § 18 unconstitutional because the statute, which gave a three year limitation on certain damages in malpractice cases, violated Art.”
Graham v. Keuchel, 847 P.2d 342 (Okla. 1993). “76 O.S.1981 § 18 provides in pertinent part: “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…”
St. Paul Fire & Marine Ins. Co. v. Getty Oil Co., 782 P.2d 915 (Okla. 1989). “1988) appears at 76 O.S.1981 § 18 and provides 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…”
Redwine v. Baptist Med. Ctr. of Oklahoma, Inc., 679 P.2d 1293 (Okla. 1983). · cites it 5× “2 After the action had accrued, but before the statute of limitations had run, the Legislature enacted 76 O.S.1981, § 18, 3 effective April 8, 1976, thirty days after the death.”
Rosson v. Coburn, 876 P.2d 731 (Okla. Civ. App. 1994). · cites it 3× “time within which an action against them may be brought, as set forth in 76 O.S.1981 § 18, has not been shown to be such an arbitrary exercise of legislative *735 discretion or without any show of good cause as would impel this Court to declare it unconstitutional.”
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