In 2002 the Oklahoma State Medical Association (OSMA) saw the medical liability crisis growing across several states in the United States resulting in physicians retiring early, modifying their practice, or leaving their state for an area of less threat to themselves through being the object of an out-of-control lawsuit system. OSMA decided to undertake an effort to minimize the effect of that crisis on Oklahoma physicians and their patients. I was asked to be the “point-man” in our efforts and truly had no idea where that was going to lead me. We have had quite an eight-year roller-coaster experience!

We entered this effort with the naiveté of a high school freshman walking onto the football practice field for the very first time, but we very quickly learned, with the usual bumps and bruises, the ins and outs of the political process through which anything along this line is accomplished. Our initial effort at modifying the liability situation in Oklahoma hit a brick wall – but we gained knowledge about the process.

Our next effort in 2003 resulted in several improvements in the liability situation. All of these improvements coupled with some additional minor improvements in 2004 were, for most part, eventually thrown out by our Oklahoma State Supreme Court.

Our efforts over the next two years were complicated by efforts at getting legislative approval to rehabilitate OSMA’s professional liability company, Physicians Liability Insurance Company of Oklahoma (PLICO), which insured the great majority of physicians in Oklahoma. The insurance experts said it could not be done. However, to our credit and to the benefit of physicians in Oklahoma, this has now been accomplished; and PLICO is in the strongest financial condition it has experienced since its inception in 1979.

In 2007 we were able get a comprehensive lawsuit reform bill passed by both Houses of our State Legislature, only to see Governor Henry veto it despite his statement in 2005 that he wanted to see liability reform in Oklahoma that out-did the reform that had just passed in Texas – “We’re going to out-Texas Texas,” was the gist of his comment. In 2008 we saw our efforts at passing the same reform not even get a hearing in the Legislature.

A huge shift in political power occurred in the 2009 Legislature, and we sprang into action again with essentially the same package of reforms that was vetoed in 2007 and did not get a hearing in 2008. It was with great anticipation that we again waded through the legislative process step-by-painful-step! At one point it was a given that lawsuit reform was actually going to happen. Then it seemed to be dead and un-revivable. Then a break-through occurred, and the lawsuit reform we had been working on for eight years happened! That is where we are today.
From the very beginning of this effort, I have said to our anxious members that this is not a 1, 2, or 3 year process - it is a 5, 6, or 7 year process (OK, I was wrong in the exact number – but correct in the trend). There have been highs and lows at every turn throughout this process. It has been said that, “If you use your heater and your air-conditioner on the same day, then you might be from Oklahoma!” Well, it is also true that, “If you feel the exhilaration of great success and the devastation of complete defeat in the same week, then you might be working on lawsuit reform in Oklahoma!”

The physicians and patients in Oklahoma owe a huge “Thank You!” to every OSMA member and Alliance member who has come to the State Capitol on “White-Coat Medicine Day” over these last few years; to every OSMA member and Alliance member who responded to a request for a phone call to his or her Legislator; to every OSMA member and Alliance member who has contributed money to OMPAC so that we could get medicine-friendly Legislators elected who understood the importance of lawsuit reform to physicians and patients in Oklahoma; and to every member of the OSMA staff, both current and former, who has worked tirelessly in this effort.

BUT (and it’s a big BUT) we cannot let up! As has been learned in every state of the union where lawsuit reform has passed, this is just the first step. There are forces out there (I think you know to whom I am referring) already planning how they are going to try and undo what has taken us eight years to accomplish. And believe me--they can do it in the blink of an eye if we let our guard down. There are other elements of lawsuit reform that still need action by the Legislature to make this reform as good as it can be, and e also have some unfinished business on non-economic damages caps that will require us to continue to advocate for appropriate language on creating the state indemnity fund. We must keep supporting our friends in the Legislature to get these passed and protect our accomplishments. We must go over with a fine-toothed comb every piece of legislation that is filled in the future to guard against the weakening of our reform package. And, last but not least, we must stick together as organized medicine to speak with a unified voice – TOGETHER WE ARE STRONGER!!!

Jack J. Beller, M.D.