1| STATE OF OKLAHOMA | | | 2| 2nd Session of the 60th Legislature (2026) | | | 3|HOUSE BILL 4176 By: Staires | | | 4| | | | 5| | | | 6| AS INTRODUCED | | | 7| An Act relating to civil procedure; amending 76 O.S. | | 2021, Section 18, which relates to statute of | 8| limitations for medical malpractice; extending | | statute of limitations for causes of action arising | 9| on or after certain date; and providing an effective | | date. | 10| | | | 11| | | | 12|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 13| SECTION 1. AMENDATORY 76 O.S. 2021, Section 18, is | | | 14|amended to read as follows: | | | 15| Section 18.AnA. For causes of action arising before November | | | 16|1, 2026, an action for damages for injury or death against any | | | 17|physician, health care provider, or hospital licensed under the laws | | | 18|of this state, whether based in tort, breach of contract, or | | | 19|otherwise, arising out of patient care, shall be brought within two | | | 20|(2) years of the date the plaintiff knew or should have known, | | | 21|through the exercise of reasonable diligence, of the existence of | | | 22|the death, injury, or condition complained of; provided, however, | | | 23|the minority or incompetency when the cause of action arises will | | | 24|extend said period of limitation. | | | Req. No. 15831 Page 1 ___________________________________________________________________________
1| B. For causes of action arising on or after November 1, 2026, | | | 2|an action for damages for injury or death against any physician, | | | 3|health care provider, or hospital licensed under the laws of this | | | 4|state, whether based in tort, breach of contract, or otherwise, | | | 5|arising out of patient care, shall be brought within three (3) years | | | 6|of the date the plaintiff knew or should have known, through the | | | 7|exercise of reasonable diligence, of the existence of the death, | | | 8|injury, or condition complained of; provided, however, the minority | | | 9|or incompetency when the cause of action arises will extend said | | | 10|period of limitation. | | | 11| SECTION 2. This act shall become effective November 1, 2026. | | | 12| | | | 13| 60-2-15831 AQH 12/09/25 | | | 14| | | | 15| | | | 16| | | | 17| | | | 18| | | | 19| | | | 20| | | | 21| | | | 22| | | | 23| | | | 24| | | | Req. No. 15831 Page 2