Legal Opinion

Gomes v. Hameed

Supreme Court of Oklahoma

Decided January 22, 2008No. 103,013PublishedCited by 14 opinions

1Opinion of the CourtKauger, J.

¶ 1 The determinative issues are whether: 1) statutory immunity pursuant to the Good *482Samaritan Act, 76 O.S.2001 § 5 et seq., precludes recovery against a doctor who attempted to provide care to an emergency room patient with whom he had no contractual relationship; and 2) an agreement not to sue negotiated on behalf of a minor and/or incapacitated person requires court approval to be enforceable. We hold that the doctor is entitled to statutory immunity and that such an agreement requires court approval.

FACTS

¶ 2 On June 8, 2001, seventeen year old Georgette Gomes (patient), who was in her…

2Cases cited37 opinions

  1. Great Northern Railway Co. v. Sunburst Oil & Refining Co.Supreme Court of the United States · 1932
  2. Scott v. Pacific West Mountain ResortWashington Supreme Court · 1992
  3. Abel v. TisdaleSupreme Court of Oklahoma · 1980
  4. Russell v. Board of County CommissionersSupreme Court of Oklahoma · 1997
  5. Kraszewski v. Baptist Medical Center of Oklahoma, Inc.Supreme Court of Oklahoma · 1996

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3Cited by14 opinions

  1. Davis v. StateCourt of Criminal Appeals of Oklahoma · 2011
  2. TUCKER v. THE COCHRAN FIRM-CRIMINAL DEFENSE BIRMINGHAM L.L.C.Supreme Court of Oklahoma · 2014
  3. Kennedy ex rel. Kennedy v. Secretary of Health & Human ServicesUnited States Court of Federal Claims · 2011
  4. Warren v. StanfieldSupreme Court of Oklahoma · 2012
  5. Oklahoma v. Tyson Foods, Inc.District Court, N.D. Oklahoma · 2009

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

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