Reynolds v. Porter

OPALA, Justice.

The petitioner, a plaintiff in a medical malpractice action, challenges the constitutionality of the three-year proviso in 76 O.S.1981 § 18 which limits the scope of recoverable damages when an action is brought more than three years from the date of the injury. She asserts that § 18 violates [1] the Equal Protection Clause of the U.S. Constitution by penalizing only victims of health care providers’ malpractice without a corresponding penalty for victims of other tortfeasors; [2] Oklahoma’s constitutional prohibition against special laws limiting civil actions, Art. 5, § 46,…