Legal Opinion · Dissent

Gaines v. COMANCHE COUNTY MEDICAL HOSPITAL & NURSEFINDERS, INC.

Supreme Court of Oklahoma

Decided June 13, 2006No. 100598Published

1Dissent

WINCHESTER, V.C.J.,

with whom TAYLOR, J. and JOHNSON, S.J., join, dissenting:

¶ 1 I agree with the majority that a nurse may qualify to testify as an expert on the issue of the standard of care practiced by other nurses. I dissent because there is a significant difference between allowing a nurse expert to testify as to the standard of care of other nurses and allowing a nurse expert to testify as to causation in malpractice cases. Today’s majority announcement expands the role of nurses beyond that which the Legislature has been willing to confer, is unsupported by precedent and is contrary to…

2Cases cited17 opinions

  1. Thompson v. Presbyterian Hospital, Inc.Supreme Court of Oklahoma · 1982
  2. Nicholson v. TackerSupreme Court of Oklahoma · 1973
  3. Flanagan v. LabeSupreme Court of Pennsylvania · 1997
  4. Richardson v. Methodist Hosp. of Hattiesburg, Inc.Mississippi Supreme Court · 2002
  5. Johnson v. Hillcrest Health Center, Inc.Supreme Court of Oklahoma · 2003

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