OKLA. GOV. GETS TORT REFORM BILL:

A tort reform measure aimed at addressing the state’s medical malpractice liability insurance crisis passed the Oklahoma House of Representatives by a wide margin, according to the American Insurance Association (AIA), and was sent to Gov. Brad Henry for his consideration. The AIA praised the legislation for being “a step in the right direction to provide Oklahoma doctors and health care facilities with some much-needed relief against a growing tidal wave of lawsuits.” The measure that passed the House is a compromise version of Senate Bill 629, and is entitled the “Affordable Access to Health Care Act.” Among other things, SB 629 would establish a $300,000 cap on non-economic damages for obstetric cases and emergency room cases. SB 629 defines non-economic damages as pain, suffering, inconvenience, mental anguish, emotional distress, loss of enjoyment of life, loss of society and companionship or consortium, injury to reputation and humiliation. However, if a judge determined “by clear and convincing evidence” that the defendant committed negligence, the judge would be empowered to lift the damage cap. Also, under the bill, the limitation would not apply to lawsuits filed for a wrongful death.