Fox v. Oklahoma Memorial Hospital

KAUGER, Justice.

Two issues are presented by the appellant, Charles F. Fox (Fox): (1) Whether Hershel v. Univ. Hosp. Found., 610 P.2d 237, 241 (Okla.1980), should be given retrospective application; and (2) Whether the trial court erred in entering judgment concerning the liability of physicians and staff on the issue of gross negligence. We find that: (1) The cause against the State is governed by Burns v. Rader, 723 P.2d 266, 268 (Okla.1986). Bums determined that Herskel operates prospectively to causes accruing after its mandate; and (2) The trial court erred in entering summary judgment…