Fischer v. Baptist Health Care of Oklahoma

{ 1 The issue before this Court is whether the trial court abused its discretion in dismissing the petition against the defendants. We find the trial court erred in granting the motions to dismiss.

1 FACTS

12 The plaintiff, Kenneth Fischer, alleges that on June 2, 1993, he had surgery at the defendant hospital, Baptist Health Care of Oklahoma, also known as Bass Memorial Hospital (Hospital). Defendant, Terry M. Lewis, M.D. (Dr. Lewis) performed the surgery. Fischer further alleges that as a result of the defendants' negligence, he suffered pain and permanent injuries.

T3 Fischer filed a petition…