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
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
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 Medical Malpractice Insurance Companies:
- Physician’s Liability Insurance Company
- Medical Protective Company
- ProAssurance Company, Inc.
- Medicus Insurance Company
- Capson Physicians Insurance
Oklahoma Medical Malpractice Insurance Rates - Top 15 Specialties
Undiscounted State Filed Rate Data averages across all territories for $1m / $3m limits
* Please note that the above rates are state filed rates. It is not
uncommon for Gallagher Healthcare clients to receive up to 50% or more in discounts
from state filed rates. Please Request a Quote to receive a custom premium indication.
|Specialty||Average Rate||Min Rate||Max Rate||Count
|Family Practice No Surgery||$11,324||$6,488||$15,442||1905
|Internal Medicine No Surgery||$11,810||$7,758||$15,442||920
|Pediatrics No Surgery||$11,630||$6,488||$15,442||522
|Obstetrics and Gynecology Major Surgery||$59,514||$26,261||$93,179||374
|Radiology - Diagnostic||$16,010||$8,182||$26,921||348
|Orthopedic Surgery No Spine||$33,499||$16,926||$47,551||270
|Cardiovascular Disease Minor Surgery||$18,713||$10,720||$26,921||171
|Ophthalmology No Surgery||$8,601||$3,950||$12,354||165
|Urology Minor Surgery||$18,306||$10,720||$26,921||142
|General Practice No Surgery||$11,324||$6,488||$15,442||139
Rate Range by Specialty
This chart compares the range of possible state filed medical malpractice premium rates by admitted markets and a few Gallagher Select markets broken out by the top 15 specialties in Oklahoma.
USA Ranking Map
The map below provides a visual display of the nation and compares what a typical primary care physician might pay compared to each individual state and county. This research is based on the average rate for a single specialty, the most common limits in that state, and the mature claims made premium. The darker the blue, the higher the average premium, see how Oklahoma compares to other states.