Okla. Stat. tit. 12, § 12-1053

A. When the death of one is caused by the wrongful act or

omission of another, the personal representative of the former may

maintain an action therefor against the latter, or his or her

personal representative if he or she is also deceased, if the former

might have maintained an action, had he or she lived, against the

latter, or his or her representative, for an injury for the same act

or omission. The action must be commenced within two (2) years.

B. The damages recoverable in actions for wrongful death as

provided in this section shall include the following:

1. Medical and burial expenses, which shall be distributed to

the person or governmental agency as defined in Section 5051.1 of

Oklahoma Statutes - Title 12. Civil Procedure Page 203

Title 63 of the Oklahoma Statutes who paid these expenses, or to the

decedent's estate if paid by the estate. The provisions of this

paragraph shall not apply to the cost of an abortion in actions

maintained pursuant to subsection F of this section;

2. The loss of consortium and the grief of the surviving

spouse, which shall be distributed to the surviving spouse;

3. The mental pain and anguish suffered by the decedent, which

shall be distributed to the surviving spouse and children, if any,

or next of kin in the same proportion as personal property of the

decedent. For the purposes of actions maintained pursuant to

subsection F of this section, "next of kin" as used in this

paragraph shall mean the parent or grandparent who maintained the

action as provided for in paragraph 3 of subsection F of this

section;

4. The pecuniary loss to the survivors based upon properly

admissible evidence with regard thereto including, but not limited

to, the age, occupation, earning capacity, health habits, and

probable duration of the decedent's life, which must inure to the

exclusive benefit of the surviving spouse and children, if any, or

next of kin, and shall be distributed to them according to their

pecuniary loss. For the purposes of actions maintained pursuant to

subsection F of this section, "next of kin" as used in this

paragraph shall mean the parent or grandparent who maintained the

action as provided for in paragraph 3 of subsection F of this

section; and

5. The grief and loss of companionship of the children and

parents of the decedent, which shall be distributed to them

according to their grief and loss of companionship.

C. In proper cases, as provided by Section 9.1 of Title 23 of

the Oklahoma Statutes, punitive or exemplary damages may also be

recovered against the person proximately causing the wrongful death

or the person's representative if such person is deceased. Such

damages, if recovered, shall be distributed to the surviving spouse

and children, if any, or next of kin in the same proportion as

personal property of the decedent. For the purposes of actions

maintained pursuant to subsection F of this section, "next of kin"

as used in this paragraph shall mean the parent or grandparent who

maintained the action as provided for in paragraph 3 of subsection F

of this section.

D. Where the recovery is to be distributed according to a

person's pecuniary loss or loss of companionship, the judge shall

determine the proper division.

E. The above-mentioned distributions shall be made after the

payment of legal expenses and costs of the action.

F. 1. The provisions of this section shall also be available

for the death of an unborn person as defined in Section 1-730 of

Title 63 of the Oklahoma Statutes.

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2. The provisions of this subsection shall apply to acts which

cause the death of an unborn person in utero if:

a. the physician who performed the abortion or the

referring physician fails to obtain and document the

voluntary and informed consent of the pregnant woman

pursuant to Section 1-738.2 of Title 63 of the

Oklahoma Statutes,
s.

Oklahoma Statutes - Title 12. Civil Procedure Page 204

2. The provisions of this subsection shall apply to acts which

cause the death of an unborn person in utero if:

a. the physician who performed the abortion or the

referring physician fails to obtain and document the

voluntary and informed consent of the pregnant woman

pursuant to Section 1-738.2 of Title 63 of the

Oklahoma Statutes,

b. the pregnant woman withdraws her consent to the

abortion prior to performance of the abortion,

c. the pregnant woman undergoes the abortion due to

coercion from a third party,

d. the physician fails to obtain and document proof of

age demonstrating that the pregnant woman is not a

minor, or, in the case of a minor, fails to obtain:

(1) parental consent to the abortion pursuant to

Section 1-740.2 of Title 63 of the Oklahoma

Statutes,

(2) proof that the pregnant woman, although a minor,

is emancipated, or

(3) judicial authorization of the abortion without

parental notification pursuant to Section 1-740.3

of Title 63 of the Oklahoma Statutes,

e. the physician who performed the abortion causes the

woman physical or psychological harm, the possibility

of which she did not foresee or was not informed of at

the time of her consent,

f. the physician who performed the abortion fails to

screen the pregnant woman and document such screening

for risk factors associated with a heightened risk of

adverse consequences from abortion which a reasonably

prudent physician would screen for,

g. the physician fails to screen the pregnant woman and

document such screening for physical or psychological

impairment of judgment due to factors including, but

not limited to, drugs, alcohol, illness or fatigue,

h. the physician fraudulently induces the pregnant woman

to obtain the abortion or gives misleading or false

information in response to a pregnant woman's inquiry,

or

i. there exist any other circumstances which violate

state law.

The provisions of this paragraph shall not be construed to apply

to cases in which a physician licensed to practice medicine in this

state attempts, in a reasonably prudent manner, to prevent the death

of an unborn person or a pregnant woman.

3. A parent or grandparent of the deceased unborn person is

entitled to maintain an action against the physician who caused the

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death of an unborn person under the conditions provided by

subparagraphs a through i of paragraph 2 of this subsection;

provided, however, the parent or grandparent may not maintain such

action if the parent or grandparent coerced the mother of the unborn

person to abort the unborn person.

4. Liability for wrongful death by the physician under this

section shall not be waived by the pregnant woman prior to

performance of the abortion. A physician shall not request, orally,

on a written form or in any other manner, that the pregnant woman

waive the liability of the physician for wrongful death related to

the abortion as a condition of performing an abortion.

5. Under no circumstances shall the mother of the unborn person

be found liable for causing the death of the unborn person unless

the mother has committed a crime that caused the death of the unborn

person.

R.L. 1910, § 5281. Amended by Laws 1925, c. 125, p. 177, § 1; Laws

1943, p. 35, § 1, emerg. eff. April 13, 1943; Laws 1978, c. 106, §

1, eff. Oct. 1, 1978; Laws 1979, c. 235, § 1, eff. Oct. 1, 1979;