OKLAHOMA CITY — The Senate on Thursday approved a bill asking voters to cap pain and suffering damages in civil cases at $350,000.
The action comes after a state law regarding the practice was found unconstitutional by the Oklahoma Supreme Court.
Sen. Julie Daniels, R-Bartlesville, said the measure, Senate Joint Resolution 40, is needed to provide certainty to businesses and medical professionals.
Daniels, who authored the measure, said it is also necessary to keep health care premiums down.
Noneconomic damages are essentially compensation for pain and suffering. The measure would not adjust economic damages, such as medical bills and lost wages.
Sen. Michael Brooks, D-Oklahoma City, said the dollar amount is subjective.
“I remember I got elected by people,” Brooks said. “I didn’t get elected by insurance companies. I didn’t get elected by doctors. I didn’t get elected by malpractice insurance rates. I got elected by people.”
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He said there was no objective reason to come up with $350,000 for a cap.
“The SJR puts an arbitrary, one-size value on the loss of quality of life,” said Sen. J.J. Dossett, D-Owasso.
He said it could lead to businesses cutting corners and jeopardizing safety.
Senate Minority Floor Leader Kay Floyd, D-Oklahoma City, said the motivation is to let insurance companies know how much they would be liable for if they are taken to court.
“What we are missing out on is the human aspect of this,” Floyd said.
She questioned why the Legislature would limit a person’s ability to get justice through a jury.
The bill passed by a vote of 26-17 and heads to the House for consideration.
In other action, the Senate passed Senate Joint Resolution 27, by Senate Majority Floor Leader Kim David, R-Porter, that would allow funds which normally go to the Tobacco Settlement Endowment Trust to be used to draw down federal matching dollars for Medicaid.
The measure passed by a vote of 36-11 and heads to the House.
Abortion bill: Senators also voted 36-8 to approve a bill that would prohibit doctors from performing abortions beginning at six weeks if a fetal or embryonic heartbeat or brainwaves are detectable.
“Being such a strong pro-life state, we have a moral obligation to fight for those who can’t fight for themselves. This is a commonsense measure that directs doctors to recognize life just as they do death with the presence or lack of a heartbeat or brainwaves,” said Sen. Paul Scott, R-Duncan, who authored Senate Bill 1859. “Doctors take an oath to protect life, so this will also hold them accountable for that oath by taking away the licenses of any who violate this law.”
Doctors would have their state licenses immediately and permanently revoked if they violated the proposed law.
SB 1859 now heads to the state House for consideration.
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