Loading chat...

OK HB1506

Bill

Status

Introduced

2/7/2011

Primary Sponsor

Michael Schwartz

Click for details

Origin

House of Representatives

2011 Regular Session

AI Summary

  • Reduces the cap on noneconomic damages in civil bodily injury cases from $400,000 to $250,000, regardless of the number of defendants or lawsuits.

  • Eliminates the cap for cases involving permanent physical abnormality, disfigurement, loss of limb, or major organ impairment when clear and convincing evidence is met (for physician malpractice) or preponderance of evidence (for other cases).

  • Eliminates the cap when defendant's conduct involves reckless disregard, gross negligence, fraud, or intentional/malicious conduct.

  • Requires courts and juries to separately itemize economic damages, noneconomic damages, and whether severe injury categories were proven.

  • Establishes that a future Health Care Indemnity Fund would pay damages exceeding the cap, with professional liability insurance requirements of at least $1,000,000 and $20,000,000 annual availability.

Legislative Description

Damages; reducing recovery cap for certain noneconomic damages; effective date.

Civil and Criminal Procedure and Courts

Last Action

Second Reading referred to Judiciary

2/8/2011

Committee Referrals

Judiciary2/8/2011

Full Bill Text

No bill text available