John v. Saint Francis Hospital, Inc.

¶ 1 The dispositive issue on appeal is whether the thrice incarnated affidavit of merit requirement found in Okla. Stat. tit. 12, 19.1 (SuppV 2013), is unconstitutional. In the wake of Zeier v. Zimmer, 2006 OK 98, 152 P.3d 861, its sequel Wall v. Marouk, 2013 OK 36, 302 P.3d 775, and upon reexamination of the Oklahoma Constitution, the inevitable conclusion is that section 19.1 is an impermissible barrier to court access and an unconstitutional special law. Section 19.1 is stricken.

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PROCEDURAL AND FACTUAL BACKGROUND

¶2 On October 30, 2012, Saint Francis Hospital, Inc., Neurological Surgery,…