Fleming v. Baptist General Convention

KAUGER, Justice,

concurring, with whom DOOLIN, Chief Justice, HODGES and ALMA WILSON, Justices, join:

Although I concur with the majority opinion, it has failed to answer one of the questions squarely presented by the appellant, The Baptist General Convention of Oklahoma, d/b/a/, Miami Baptist Hospital. As the hospital puts it, the question now before this Court is whether 12 O.S.Supp. 1979 § 727 has retroactive, or prospective effect. The hospital argues that § 727 must be applied prospectively — the hospital is right. Apparently, because of the pending counter claim, the majority has left…