The Oklahoma House this week passed a civil justice reform bill that supporters say will protect doctors from frivolous lawsuits that drive up the cost of malpractice insurance and medical care.
The measure, supported by The State Chamber, a business and industry group, was described by opponents as the “corporate immunity act.” They said it will protect wrongdoers whose negligence injures innocent victims.
“The hypocrisy of this is a joke,” said Rep. Richard Morrissette, D-Oklahoma City. “We should stop frivolous lawsuits. But this ain’t it.”
Morrissette, citing a study by the Harvard Medical School, said the measure’s proposed $300,000 cap on non-economic damages, also known as pain and suffering, is highly discriminatory and would harm low-income wage earners, women and children who are injured by someone else’s negligence.
Rep. Scott Inman, D-Oklahoma City, said passage of the bill will make lawmakers seem “soft on negligence.”
“We’re going to ratchet down the penalties for harming an innocent person,” Inman said. “It’s a bill of goods that you should not buy.”
But the measure’s author, Rep. Dan Sullivan, R-Tulsa, said children and others who are injured through negligence can still be compensated under the bill with economic damages that project their income potential.
Among other things, the measure:
_Creates the so-called “cheeseburger bill” that protects against obesity lawsuits for restaurants, food manufacturers and growers.
_Requires individuals to make a conscious decision to become a part of a class-action lawsuit by “opting in.” Currently, individuals can be included in class-action lawsuits without their knowledge.
_Restricts punitive damages in professional liability lawsuits only if a jury finds intentional or gross negligence through clear and convincing evidence.
“This bill takes important steps that simply make Oklahoma’s legal system more reasonable,” Sullivan said. “Frivolous lawsuits in Oklahoma are like a hidden tax that hurts everyone in our state, holding back job opportunities and higher wages.”
“Every one of us pays for that when we go to the doctor,” he said.
The measure, adopted 57-39 largely along party lines, now goes to the Senate for consideration of House amendments.
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