Okla. Stat. tit. 63, § 63-1-1708.1F
This is the official text of Okla. Stat. tit. 63, § 63-1-1708.1F, part of Oklahoma’s Stat. tit. 63, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 63,." Browse the sections below, each linked to its official government source.
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Medical liability actions - Damages
Official statutory text
A. Except as provided in subsection B of this section, in any
medical liability action in which the health care services at issue
were provided for:
1. Pregnancy or labor and delivery, including the immediate
post-partum period; or
2. Emergency care in the emergency room of a hospital or as
follow-up to the emergency care services provided in the emergency
room;
the amount of noneconomic damages awarded shall not exceed Three
Hundred Thousand Dollars ($300,000.00), regardless of the number of
parties against whom the action is brought or the number of actions
brought with respect to the personal injury.
B. Where the judge finds by clear and convincing evidence that
the defendant committed negligence in one of the types of cases
enumerated in subsection A of this section, the court shall
articulate its findings into the record out of the presence of the
jury and shall lift the noneconomic damage cap.
C. Nothing in this section shall apply to any nursing facility
or nursing home licensed pursuant to Section 1-1903 of this title or
the owners, operators, officers, agents or employees of such
entities.
D. Nothing in this section shall apply to a medical liability
action brought for wrongful death.
E. This section of law shall terminate on November 1, 2010.
medical liability action in which the health care services at issue
were provided for:
1. Pregnancy or labor and delivery, including the immediate
post-partum period; or
2. Emergency care in the emergency room of a hospital or as
follow-up to the emergency care services provided in the emergency
room;
the amount of noneconomic damages awarded shall not exceed Three
Hundred Thousand Dollars ($300,000.00), regardless of the number of
parties against whom the action is brought or the number of actions
brought with respect to the personal injury.
B. Where the judge finds by clear and convincing evidence that
the defendant committed negligence in one of the types of cases
enumerated in subsection A of this section, the court shall
articulate its findings into the record out of the presence of the
jury and shall lift the noneconomic damage cap.
C. Nothing in this section shall apply to any nursing facility
or nursing home licensed pursuant to Section 1-1903 of this title or
the owners, operators, officers, agents or employees of such
entities.
D. Nothing in this section shall apply to a medical liability
action brought for wrongful death.
E. This section of law shall terminate on November 1, 2010.
Status: in_force · Read it on the official government site
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