Justia Oklahoma Supreme Court Opinion Summaries

Articles Posted in Medical Malpractice
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The issue on appeal to the Supreme Court concerned medical malpractice claims that Plaintiff Bob Parris brought against the medical providers who were involved in his prostate cancer diagnosis, the surgery to remove it and his subsequent treatment. The trial court twice rendered judgment in favor of the defendants; the first trial court judgment was affirmed by the Court of Appeals. On remand, Plaintiff had a jury trial on his claim against the pathologist who identified the cancerous cells. The jury returned a verdict in favor of the doctor. The remaining defendants sought and obtained summary judgments based on uncontroverted expert testimony they acted in accord with medical standards. Plaintiff's appeal of the judgment on the jury verdict in favor of the pathologist was dismissed as untimely, while Division III of the Court of Civil Appeals affirmed the summary judgments for all other defendants. Upon certiorari review, the Supreme Court found the appellate court properly affirmed the summary judgments except on Plaintiff's claim against the surgeon who continued post-surgical treatment of Plaintiff without disclosing the removed prostate showed no signs of cancer. View "Parris v. Limes" on Justia Law

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In 2009, Brian and Patricia Shull filed a medical malpractice action against Respondents Monica Reid, Andrew Elimian, Andrew Wagner, Eric Knudston and the OU Medical Center, alleging that doctors failed to properly diagnose a cytomegalovirus infection that adversely impacted Mrs. Shull's pregnancy. Respondents moved for partial summary judgment, contending that the Shulls could only recover damages related to the medical cost of continuing the pregnancy offset by the cost of terminating the pregnancy. The district court found the issue was one of first impression, and that it lacked guidance because there were no published Supreme Court opinions addressing the damages available to parents of an unhealthy, abnormal child who brought claims for wrongful birth and medical malpractice. Upon review, the Supreme Court held that in a wrongful birth action alleging malpractice, the measure of damages allowable is the extraordinary medical expenses and other pecuniary losses proximately caused by the negligence, and not the normal and foreseeable costs of raising a normal, healthy child until it reaches the age of majority. Parents cannot recover for emotional distress or loss of consortium. The Court remanded the case back to the trial court for further proceedings. View "Shull v. Reid" on Justia Law