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Oklahoma legislators propose tort reform

LTC Liability Monitor, January 22, 2004

To dispel the state's mounting reputation among lawyers as a friendly harbor for frivolous lawsuits, Oklahoma legislators must take a stand, Lieutenant Governor Mary Fallin told the [Oklahoma City, OK] Journal Record Legislative Report. Republicans in the state are calling for the passage of a $250,000 cap on non-economic damages in all civil lawsuits, including medical liability cases. Medical malpractice rates for physicians in Texas fell 12% following the passage of tort reform, while Oklahoma will see an 85% increase over the next three years, Senator Glen Coffee (R-Oklahoma City) told the Report. The push is in response to a recent letter from Senator Stratton Taylor (D-Claremore), urging Texas lawyers to file lawsuits with his firm in Oklahoma. In addition to the cap, reform proposals include:

• placing a cap on attorneys' fees based on a sliding scale-30% for the first $250,000 awarded in damages, and declining incrementally to 10% of awards that exceed $1.25 million
• requiring plaintiffs who reject out-of-court settlements only to receive a smaller award in court to pay the defendant's legal fees

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