Legal Opinion

Hardy v. Southwestern Bell Telephone Co.

Supreme Court of Oklahoma

Decided January 16, 1996No. 83024PublishedCited by 21 opinions

1Opinion of the Court

SIMMS, Justice.

The United States District Court for the Northern District of Oklahoma has certified the following question of law to this Court pursuant to the Uniform Certification of Law Act, 20 O.S.1991, § 1602:

Does the lost chance of survival doctrine set out in McKellips v. Saint Francis Hosp., Inc., 741 P.2d 467 (Okla.1987), and restricted therein to certain limited types of medical malpractice actions, apply in an ordinary negligence case that is not brought against a medical practitioner or hospital?

Our answer is that an action for loss of chance of survival may not be expanded to…

2Cases cited10 opinions

  1. Kramer v. Lewisville Memorial HospitalTexas Supreme Court · 1993
  2. Cooper v. Sisters of Charity of Cincinnati, Inc.Ohio Supreme Court · 1971
  3. McKellips v. Saint Francis Hospital, Inc.Supreme Court of Oklahoma · 1987
  4. Herskovits v. Group Health CooperativeWashington Supreme Court · 1983
  5. Daugert v. PappasWashington Supreme Court · 1985

5 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Blinzler v. Marriott International, Inc.Court of Appeals for the First Circuit · 1996
  2. Akin v. Missouri Pacific RailroadSupreme Court of Oklahoma · 1998
  3. Smith v. State Dept. of Health & Hosp.Supreme Court of Louisiana · 1996
  4. Robinson v. Oklahoma Nephrology Associates, Inc.Supreme Court of Oklahoma · 2007
  5. Worsham v. NixSupreme Court of Oklahoma · 2006

16 more not listed; retrieve them via the Exa API.

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