Requirement That A Plaintiff In A Medical Or Nursing Home Liability Lawsuit, Upon A Written Request Of A Defendant, Provide The Defendant Within 10 Business Days

(Oklahoma City) Saying they have reached a final agreement on tort reform, members of a blue-ribbon task force appointed by Gov. Brad Henry discussed the final details of their reform proposal at a State Capitol news conference Friday. The agreement is the culmination of three months of research and discussion by the panel's members.

Gov. Henry created the task force in February to address concerns about the rising cost of medical malpractice insurance, an issue that has sparked tort reform movements in many states around the country. On Friday, the governor applauded the task force's work, saying the final product represents real reform and a major step forward for Oklahoma.

"The task force members deserve our thanks for a job well done. Because of their hard work, Oklahoma will be able to address a very serious issue before it develops into a significant problem. In many states, malpractice costs have wreaked havoc on health care systems, but by taking quick, preventative action in Oklahoma, we should be able to avoid the problems that have plagued other states," said Gov. Henry.

Task force members echoed the governor's comments.

"We're happy with the reform proposal because it addresses the concerns raised by health care providers. The legislation will help us get a handle on medical malpractice rates and should ultimately reduce costs," said Dr. Jack Beller, president of the Oklahoma State Medical Association.

The main points of legislation include:

Requirement of expert certification of merit before a medical or nursing home liability lawsuit can be filed.
Requirement of a $300,000 cap on non-economic damages in medical liability cases involving: 1) pregnancy, including labor, delivery and the immediate post-partum period; and 2) emergency care and follow-up care to emergency care services.
Codification of the Collateral Source Rule and requirement that a court admit evidence of payments of medical bills unless the court makes a specific finding that such collateral source payments to a plaintiff are subject to subrogation or other right of recovery by the payer.
Reduction of the amount of prejudgment interest allowed in medical and nursing home liability cases.
Elimination of the award of attorney fees to a plaintiff in nursing home liability lawsuits.
Requirement that medical and nursing home liability lawsuits are deemed dismissed when a summons is not served on the defendant within 180 days of the filing of the lawsuit.
Requirement that a plaintiff in a medical or nursing home liability lawsuit, upon a written request of a defendant, provide the defendant within 10 business days with an authorization for the release of all medical records of the plaintiff.
The task force, which was chaired by University of Oklahoma College of Law Dean Andy Coats, included representatives from the medical community, the nursing home industry and attorneys who represent consumers and medical providers in malpractice cases.

The goal now, according to Gov. Henry and task force members, is to get the tort reform legislation approved before the Legislature adjourns later this month. The task force's proposal is being delivered to lawmakers today.

"Because all of the stakeholders have signed off on the reform agreement, lawmakers should be able to act quickly. Legislators have been following this issue very closely over the past few months and should be prepared to finalize the measure. The sooner we act, the sooner we can realize the benefits of the reforms," said Gov. Henry.