Recent Oklahoma News
March 2020 Newsletter
In this time of uncertainty and rapidly changing developments regarding the COVID-19 pandemic, we express our thanks and appreciation for those who continue to work at the front line of our health care systems. The HCLA and Protect Patients Now remain committed to...
October 2017 Newsletter
Oklahoma Supreme Court ruling could lead to medical lawsuit abuse Patients and physicians in Oklahoma could face a deteriorating liability climate in the coming years, as the state Supreme Court recently ruled against an effective liability reform. This setback to...
Law written to deter frivolous malpractice lawsuits declared unconstitutional
A state law designed to deter the filing of frivolous medical malpractice lawsuits was declared unconstitutional Tuesday by the Oklahoma Supreme Court. This is the third time the state Supreme Court has struck down similar legislation. In each case, the Legislature...
Current Medical Liability Laws
Damage Caps | In 2011, Oklahoma enacted a $350,000 cap on noneconomic damages, subject to exceptions. In 2019, however, the Oklahoma Supreme Court held that Oklahoma’s cap on noneconomic damages was unconstitutional. Beason v. I. E. Miller Servs., Inc., 441 P.3d 1107 (Okla. 2019). |
Joint Liability Reform | Yes. In any civil action based on fault and not arising out of contract, the liability for damages caused by two or more persons shall be several only and a joint tortfeasor shall be liable only for the amount of damages allocated to that tortfeasor. |
Collateral Source Reform | Yes. In any medical liability action, the court will admit evidence of payments made to the plaintiff from collateral sources unless the court makes a determination that the payment from a collateral source is subject to subrogation or other right of recovery. |
Attorney Fees Limited | Yes. In contingency fee arrangements, attorney may not contract to receive more than 50% of the recovery. |
Periodic Payments Permitted | Yes. For awards of future damages that exceed a present value of $100,000.00, upon request of a party, the court may order, that future damages be paid in whole or in part in periodic payments rather than by a lump-sum payment. Periodic payments shall not exceed seven years from the date of entry of judgment. |