April 18, 2008

Oklahoma Medical Malpractice Statistics

Medical malpractice claims statistics from the Oklahoma Insurance Department are certainly not music to the ears of Oklahoma medical malpractice lawyers and their clients.

In 2006, 805 medical malpractice claims that resolved in Oklahoma. The malpractice cases was dismissed in 59, or almost 70%. Of the remaining medical malpractice case, 181 settled and 20 went to trial. The average claim settlement or award in 2006 was $257,887. The total amount paid in settlements and verdicts was just shy of $50 million.

March 25, 2008

Independent Medical Exams in Oklahoma Personal Injury Cases

A plaintiff who is required to submit to an "independent medical examination" may videotape the exam according to the Oklahoma Supreme Court. Click here for more on this ruling.

March 18, 2008

Nursing Home Insurance in Oklahoma

Oklahoma does not require nursing homes licensed in Oklahoma to carry insurance. Oklahoma State Senator Richard Lerblance submitted this session a bill requiring nursing homes to carry liability insurance. The Journal Record (OK) quotes an opponent as saying, “Would you rather take care of the patient or pay liability insurance? With low reimbursement rates, it’s almost impossible to do both.”

What a false choice. If you cannot make a profit and still pay for insurance, you should get out of the business because you are not running a profitable company.

How can it possibly make sense that auto insurance is mandatory but medical malpractice insurance and nursing home insurance is not mandatory?

January 14, 2008

Oklahoma Medical Malpractice Law Ruled Unconstitutional

Oklahoma Court of Civil Appeals stuck down last week a statute designed to limit medical malpractice cases in Oklahoma. The 2003 medical malpractice statute at issue can only be described as draconian, requiring anyone filing a medical malpractice lawsuit to serve a summons on the defendant within 180 days. The Oklahoma court reasoned that this statute is unconstitutional because the law treats medical negligence plaintiffs differently that plaintiffs in other personal injury cases.

This is a big win for Oklahoma medical malpractice lawyers and their clients.

December 21, 2007

Welcome to Our Blog

Welcome to our blog covering injury law and policy throughout the United States.