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OK HB1506
Bill
Status
2/7/2011
Primary Sponsor
Michael Schwartz
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AI Summary
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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.
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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).
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Eliminates the cap when defendant's conduct involves reckless disregard, gross negligence, fraud, or intentional/malicious conduct.
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Requires courts and juries to separately itemize economic damages, noneconomic damages, and whether severe injury categories were proven.
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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