Oklahoma Medical Malpractice Information

Tort Reform in Oklahoma

Since the approval of tort reform, Oklahoma has seen a significant reduction in the number of claims and the average loss payments per suit. Tort reform placed a cap on jury administered payouts of noneconomic damages. In cases that demonstrate the defendant’s disregard of the rights of others, the jury may award punitive damages not to exceed $100,000 or the amount of the actual damages awarded. In cases where the jury finds the defendant has acted intentionally and with malice, punitive damages may be awarded up to $500,000. However, if the judge finds that the intentional and malicious act threatened human life, the cap does not apply.

There is no cap on noneconomic damages from bodily injury that resulted from professional negligence where the plaintiff:

• Suffered permanent and substantial physical abnormality or disfigurement
• Lost the use of a limb
• Loss of, or impairment to, a bodily organ or system
• Suffered a permanent physical functional injury preventing the plaintiff from being able to independently care for himself and perform life sustaining activities

If the defendant is found to have acted in reckless disregard for the rights of others, grossly negligent, fraudulent, or with malice, there is also no cap on awarding of damages.

About Oklahoma Medical Malpractice Insurance

Oklahoma has a state guarantee fund which protects the insured if their carrier is unable to provide contracted coverage. Not every carrier has opted in to participate which provides an extra incentive to purchase a carrier who is backed by the state guarantee fund.

In Oklahoma physicians usually carry limits of liability of $1,000,000 per incident and $3,000,000 aggregate limit. Things to consider when choosing an insurance provider include, but are not limited to, the state admittance, coverage trigger, AM best rating, free tail provisions and available premium discounts.

With the instillation of tort reform and the competitive market provided by multiple carriers, Oklahoma has become a state of stable premiums and improved access to healthcare for citizens.

Oklahoma Insurance Companies:

• Physician’s Liability Insurance Company
• Medical Protective Company
• ProAssurance Company, Inc.
• Medicus Insurance Company
• Capson Physicians Insurance