Health Justice Transformation - Oklahoma

The Center for Health Transformation closely follows and monitors health justice transformation efforts in all 50 states. The information listed below provides state-specific measures which have been adopted in each of the states. In order to assist key decision-makers and local leaders, we have provided detailed information on seven transformational areas commonly addressed in health justice transformation and civil justice reform legislation.

Caps on Non-Economic (Pain and Suffering) Damages

$300,000 cap on non-economic damages (separate cap on OB and ER care) which applies only if the defendant made an offer of judgment and the verdict is less than 1.5 times the amount of the final offer of judgment. The cap adjusts annually based on CPI.

Joint Liability for Multiple Defendants

Partially. Defendants who are equal to or less than 50% at fault are liable for their proportional share of negligence. Defendants who are greater than 50% at fault can be held jointly and severally liable.

Disclosure or Discoverability of Collateral Sources of Income or other Insurance Benefit

Yes. In any medical liability action, the court will admit evidence of payments made to the plaintiff from collateral sources unless the court determines that payment from such sources is subject to subrogation or other right of recovery.

Provisions for the Periodic Payment of Damages Over Time Fees

No

Limitation of Plaintiff’s Attorneys Fees

Yes. In contingency fee arrangements, the attorney may not contract to receive more than 50% of the recovery.

Provisions for Mandatory or Voluntary Arbitration and/or Mediation Procedures

No provision

Standards for Expert Testimony/Witness

To qualify as an expert in a medical liability case, the expert must be licensed to practice medicine or have other substantial training or expertise in an area of health care relevant to the claim and must be actively practicing in an area relevant to the claim.