Oklahoma § 36-6810 - Definitions

§ 36-6810. Definitions

A. Sections 6810 through 6820 of this title shall be known and

may be cited as the “Medical Professional Liability Insurance Closed

Claim Reports Act”.

B. The Medical Professional Liability Insurance Closed Claim

Reports Act shall apply to all medical professional liability claims

in this state, regardless of whether or how the claims are covered

by medical professional liability insurance.

C. As used in the Medical Professional Liability Insurance

Closed Claim Reports Act:

1. “Claim” means:

a.

a demand for monetary damages for injury or death

caused by medical malpractice, or

b.

a voluntary indemnity payment for injury or death

caused by medical malpractice;

Oklahoma Statutes - Title 36. Insurance

2. “Claimant” means a person, including an estate of a

decedent, who is seeking or has sought monetary damages for injury

or death caused by medical malpractice;

3. “Closed claim” means a claim that has been settled or

otherwise disposed of by the insuring entity, self-insurer,

facility, or provider. A claim may be closed with or without an

indemnity payment to a claimant;

4. “Commissioner” means the Insurance Commissioner;

5. “Companion claims” means separate claims involving the same

incident of medical malpractice made against other providers or

facilities;

6. “Economic damages” means objectively verifiable monetary

losses, including medical expenses, loss of earnings, burial costs,

loss of use of property, cost of replacement or repair, cost of

obtaining substitute domestic services, and loss of business or

employment opportunities;

7. “Health care facility” or “facility” means a clinic,

diagnostic center, hospital, laboratory, mental health center,

nursing home, office, surgical facility, treatment facility, or

similar place where a health care provider provides health care to

patients;

8. “Health care provider” or “provider” means:

a.

a person licensed to provide health care or related

services, including an acupuncturist, doctor of

medicine or osteopathy, a dentist, a nurse, an

optometrist, a podiatric physician and surgeon, a

chiropractor, a physical therapist, a psychologist, a

pharmacist, an optician, a physician’s assistant, a

midwife, an osteopathic physician’s assistant, a nurse

practitioner, or a physician’s trained mobile

intensive care paramedic. If the person is deceased,

this includes the estate or personal representative of

the person, or

b.

an employee or agent of a person described in

subparagraph a of this paragraph, acting in the course

and scope of the employment of the employee. If the

employee or agent is deceased, this includes the

estate or personal representative of the employee;

9. “Insuring entity” means:

a.

an authorized insurer,

b.

a captive insurer,

c.

a joint underwriting association,

d.

a patient compensation fund,

e.

a risk retention group, or

f.

an unauthorized insurer that provides surplus lines

coverage;

Oklahoma Statutes - Title 36. Insurance

10. “Medical malpractice” means an actual or alleged negligent

act, error, or omission in providing or failing to provide health

care services;

11. “Noneconomic damages” means subjective, nonmonetary losses,

including pain, suffering, inconvenience, mental anguish, disability

or disfigurement incurred by the injured party, emotional distress,

loss of society and companionship, loss of consortium, humiliation

and injury to reputation, and destruction of the parent-child

relationship; and

12. “Self-insurer” means any health care provider, facility, or

other individual or entity that assumes operational or financial

risk for claims of medical professional liability.

Added by Laws 2003, c.390, § 11, eff. July 1, 2003. Amended by Laws

2009, c. 176, § 54, eff. Nov. 1, 2009; Laws 2010, c. 222, § 51, eff.

Nov. 1, 2010.