Okla. tort reforms not quite so rosy

LETTER — Posted July 19, 2004

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Regarding "N.J., Ohio, Oklahoma pass tort reform" (Article, June 14): I am shocked by your positive take on what is obviously one of Oklahoma medicine's greatest defeats ever in the Legislature.

You said we were the "biggest winners" with a $300,000 cap on noneconomic damages. But it's a soft cap and removes the old real cap we won for the ER and OB doctors. This soft cap does not apply in wrongful death cases, if the settlement offer isn't considered large enough. Also, the jurors may decide to remove the cap if they so desire. In short, there is no cap in Oklahoma now.

At least, now we can legally say we are sorry in Oklahoma now. I'm sorry we have this bill.

Layne Subera, DO, Skiatook, Okla.

Note: This item originally appeared at http://www.ama-assn.org/amednews/2004/07/19/edlt0719.htm.

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