Legal Opinion

Jackson v. Oklahoma Memorial Hospital

Supreme Court of Oklahoma

Decided October 17, 1995No. 83924PublishedCited by 77 opinions

1Opinion of the Court

OPALA, Justice.

Two issues are dispositive of this controversy: (1) Does the Governmental Tort Claims Act [GTCA] 1 shield faculty physicians — who are teaching at Oklahoma Memorial Hospital [OMH] — from tort liability in medical malpractice suits brought against them in their status as state employees? and (2) Did the trial court err in giving summary judgment to the defendant faculty physician? We answer the first question in the negative and the second in the affirmative.

I

THE ANATOMY OF LITIGATION

Martha Jackson [Jackson] received a cautery burn to her lower abdomen during a hysterectomy 2…

2Cases cited95 opinions

  1. Ashwander v. Tennessee Valley AuthoritySupreme Court of the United States · 1936
  2. Johnson v. JonesSupreme Court of the United States · 1995
  3. Immigration & Naturalization Service v. ChadhaSupreme Court of the United States · 1983
  4. Brockett v. Spokane Arcades, Inc.Supreme Court of the United States · 1985
  5. Director, Office of Workers' Compensation Programs v. Greenwich CollieriesSupreme Court of the United States · 1994

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3Cited by77 opinions

  1. Patel v. OMH Medical Center, Inc.Supreme Court of Oklahoma · 1999
  2. Church v. PeralesCourt of Appeals of Tennessee · 2000
  3. Miller v. MeeksMississippi Supreme Court · 2000
  4. Reeds v. WalkerSupreme Court of Oklahoma · 2006
  5. Russell v. Board of County CommissionersSupreme Court of Oklahoma · 1997

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