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 | $400,000 cap on non- economic damages for claims for bodily injury regardless of the number of parties against whom the action is brought or the number of actions brought. The non-economic damages cap shall not apply if the judge and jury find by clear and convincing evidence that: 1) the plaintiff or injured person has suffered permanent and substantial physical abnormality or disfigurement, loss of use of a limb, or loss of, or substantial impairment to a major body organ or system; 2) the plaintiff or injured person has suffered permanent physical functional injury which prevents them from being able to independently care for themselves and perform life sustaining activities; or 3) the defendant’s acts or failures to act were: a) in reckless disregard for the rights of others; b) grossly negligent; c) fraudulent; or d) intentional or with malice. The cap will not go into effect until the state establishes a patient compensation fund. The compensation fund will cover awards in excess of the cap when a plaintiff’s case meets one of the exceptions. |
| Joint Liability Reform | Partially. In any civil action based on fault, the liability for damages caused by two or more persons shall be several only and a joint defendant shall be liable only for the amount of damages allocated to that defendant. Joint and several liability will still apply to defendants if: 1) the defendant’s responsibility is attributed to be greater than 50 percent; or 2) if a defendant acted with willful and wanton conduct or with reckless disregard of the consequences of the conduct and such conduct proximately caused the damages. |
| 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 | No |