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 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

SpecialtyAverage RateMin RateMax RateCount
Family Practice No Surgery$11,324$6,488$15,4421905
Internal Medicine No Surgery$11,810$7,758$15,442920
Pediatrics No Surgery$11,630$6,488$15,442522
Emergency Medicine$25,840$16,807$33,972521
Anesthesiology$14,464$7,887$20,782482
Occupational Medicine$7,765$4,202$11,422444
Obstetrics and Gynecology Major Surgery$59,514$26,261$93,179374
Psychiatry$8,987$4,513$14,102362
Radiology - Diagnostic$16,010$8,182$26,921348
General Surgery$39,437$16,807$60,396328
Orthopedic Surgery No Spine$33,499$16,926$47,551270
Cardiovascular Disease Minor Surgery$18,713$10,720$26,921171
Ophthalmology No Surgery$8,601$3,950$12,354165
Urology Minor Surgery$18,306$10,720$26,921142
General Practice No Surgery$11,324$6,488$15,442139
* 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.

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.

Oklahoma Medical Malpractice Rate Range Chart

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.

Malpractice Rate Heat Map - United States