Yes, but there are important limitations to be aware of:
State/Public Hospitals (e.g., Comanche County Memorial Hospital, Norman Regional Hospital):
A notice of claim must be filed within one year of the date of loss with the appropriate government entity.
After the notice is filed, the entity has 90 days to approve or deny the claim.
If the claim is denied, a lawsuit must be filed within 180 days of the denial.
If the entity doesn't respond within 90 days, the claim is deemed denied, and the 180-day period to file a lawsuit begins.
Damage cap: As of 2023, $175,000 for counties with populations exceeding 300,000 (e.g., Oklahoma and Tulsa counties). For smaller counties and political subdivisions, the cap ranges from $125,000 to $175,000.
Federal Hospitals in Oklahoma:
VA Health Care System in Oklahoma City and Muskogee
Indian Hospitals (e.g., Chickasaw Nation Medical Center in Ada, Lawton Indian Hospital)
Before filing a lawsuit, an administrative claim must be filed with the appropriate federal agency within two years of the incident.
The agency has six months to respond to the claim.
If the claim is denied or the agency doesn't respond within six months, a lawsuit can be filed in federal court within six months of the denial or the end of the six-month response period.
Private Hospitals:
Systems like Integris, Mercy, and Saint Anthony
Statute of Limitations: Generally two years from the date of injury, with some exceptions:
The "discovery rule" may apply in cases where the injury wasn't immediately apparent.
For minors under 12, the statute of limitations is extended to their 19th birthday.
These timelines are strict, and missing a deadline can bar a claim entirely. It's crucial to consult with an attorney as soon as possible after suspecting malpractice.