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Medical Professional Liability State Profile:

Oklahoma

PRA New Business Paper
#5 ProAssurance State Rank
#25 Market Rank
$123,872,107 Size of MPL Market

CME Requirements

Credit Amount

  • For MDs, Oklahoma requires 60 Category 1 CME hours per licensure cycle.
  • For DOs, Oklahoma requires 16 CME hours per licensure cycle.

Licensure Cycle
MD licensure cycle is triennial and DO licensure cycle is annual.

Topics
 Both MDs and DOs who prescribe controlled substances are required to complete 1 hour of approved CME about pain management per licensure cycle.

The state CME requirements listed above were accurate when posted, but CME state requirements change frequently. Due to COVID-19, certain states may have modified their licensure requirements. Physicians are advised to confirm Oklahoma’s current MD requirements with the Oklahoma Medical Board website and DO requirements with the Oklahoma State Board of Osteopathic Examiners (OSBOE) website.

Physician Market Comparison

Oklahoma = $64,608,595
About the same as Oregon ($67,446,692)
Tennessee
is about twice the size ($127,225,243)
Iowa is about half the size ($36,980,505) 

Region

Southwest

New Business Paper

ProAssurance

Tort Laws

Limits on damages for pain and suffering: None; $350,000 cap on noneconomic damages ruled unconstitutional.
Limits on contingent attorney fees: 50% maximum
  • Okla. Stat. Ann. tit. 5, § 7
Reform of collateral source rule: Evidentiary unless right of subrogation exists
  • Okla. Stat. Ann. tit. 63, § 1- 1708.1D
Periodic payment of future damages: None
Statute of limitations: 2 yrs from discovery
  • Okla. Stat. Ann. tit. 76, § 18

Prejudgment and Post-Judgment Interest

Prejudgment Tort Actions Rate: Initially, the rate in effect (i.e., the average U.S. Treasury Bill rate for the preceding calendar year) for the calendar year which is 24 months after the suit was commenced. The rate is subject to adjustment. For suits against the state or its political subdivisions, initially, the rate in effect for the calendar year in which the suit was commenced. The rate is subject to adjustment. Offers of judgment can affect the recovery of interest.
  • Okla. Stat. Ann. tit. 12, §§ 727.1(E); 727.1(I); 727.1(F); 940
Prejudgment Accrual Date: Date which is 24 months after the suit was commenced to the earlier of the date the verdict is accepted by the trial court or the date the judgment is filed with the court clerk. For actions against the state or its political subdivisions, interest accrues from the date the suit was commenced to the earlier of the date the court accepts the verdict or the date the judgment is filed.
  • Okla. Stat. Ann. tit. 12, §§ 727.1(E); 727.1(F)
Post-Judgment Tort Actions Rate: Contract rate or, if none, the prime rate plus 2%. If the judgment remains unpaid after the first calendar year, the prime rate is subject to adjustment.
  • Okla. Stat. Ann. tit. 12, §§ 727.1(D); 727.1(I); 727.1(C)
Post-Judgment Accrual Date: The earlier of the date the judgment is rendered or the date the judgment is filed with the court clerk.
  • Okla. Stat. Ann. tit. 12, § 727.1(C)

One-party or two-party state

Oklahoma is a one-party consent state.

In Oklahoma, it is a criminal offense to use any device to record or share use communications, whether they are wire, oral or electronic, without the consent of at least one person taking part in the communication. This means that in Oklahoma, you are legally allowed to record a conversation if you are a contributor, or with prior consent from one of the involved parties, barring any criminal intentions. Okla. Stat. Ann. tit. 13, § 176.4.

Abortion Law

(Now that the Supreme Court has overturned Roe:)

Oklahoma is enforcing a pre-Roe ban that prohibits abortion entirely, except when “necessary to preserve” the life of a pregnant person.