Recent Oklahoma News

Why Medical Bills Are Killing Us

1. Routine Care, Unforgettable Bills When Sean Recchi, a 42-year-old from Lancaster, Ohio, was told last March that he had non-Hodgkin’s lymphoma, his wife Stephanie knew she had to get him to MD Anderson Cancer Center in Houston. Stephanie’s father had been treated...

State malpractice judgments at 10 year low

The number of Oklahoma malpractice judgments has come down sharply in the past two years and is at the lowest level of the decade, according to federal statistics. "It appears to me lawsuit reform is already delivering what it promised," said Secretary of State Glenn...

Oklahoma enacts cap on noneconomic damages

Oklahoma Gov. Mary Fallin has signed into law a series of tort reform measures, including a $350,000 cap on noneconomic damages in civil liability cases. The Oklahoma State Medical Assn. said the cap is a victory in its fight for comprehensive medical liability...

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.