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	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.