Oklahoma Medical Malpractice Damage Cap
Track statutory limits on noneconomic damages and calculate your potential recoverable amount.
Legal Nuances & Exceptions
Applicability
All Medical Malpractice Cases
Statutory Reference
Okla. Stat. tit. 23, § 61.2 (Ruled unconstitutional)
No statutory cap on noneconomic damages in Oklahoma. In 2019, the Oklahoma Supreme Court struck down the $350,000 cap on noneconomic damages (Beason v. I.E. Miller Services, Inc.) as a 'special law' that violated the state constitution.
Frequently Asked Questions
Does Oklahoma cap noneconomic damages?
No. The Oklahoma Supreme Court struck down the statutory $350,000 cap in 2019.
Are punitive damages capped in Oklahoma?
Yes. Depending on the severity of the defendant's conduct (reckless disregard vs. intentional malice), punitive damages are generally capped at $100,000 or $500,000.
Can I recover full pain and suffering damages?
Yes, plaintiffs in Oklahoma can recover full noneconomic damages.
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