Oklahoma’s average malpractice award payment is $230,787. The national average is $285,218. Other personal injury cases in Oklahoma are more reasonable. So what is the problem with malpractice cases?
There is no problem. There WAS a problem. Oklahoma Statutes Section 23-61.2 limits non-economic damages to an extremely harsh cap of $350,000. The Oklahoma Supreme Court wisely overturned this law. But cap – the expectation of it passing – and the uncertainty surrounding it has a chilling impact.