Recent Oklahoma News
Nearly Two Dozen Liability Reform Bills Adopted in Oklahoma Summer Push
Significant liability reform legislation is back on the books in Oklahoma following a special summer session of the state legislature. Last week Oklahoma Gov. Mary Fallin signed into law 23 separate liability reform bills, following a June ruling of the Oklahoma...
Okla. Gov. Calls Special Session to Deal with Lawsuit Reform Law
Oklahoma Gov. Mary Fallin issued an executive order Monday, calling for a special session of the state legislature to begin Sept. 3. The executive order calls on lawmakers to re-institute components of House Bill 1603, a lawsuit reform package signed into law in 2009....
Oklahoma State Medical Assocation president: Special session needed now
This summer, the Oklahoma Supreme Court threw out the bipartisan lawsuit reform measure that had been passed in 2009. Gov. Mary Fallin signaled her willingness to call a special session to address this ruling, but some in the Legislature reportedly have cold feet...
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 |