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FOX v. OKLAHOMA MEMORIAL HOSP.

No. 63714.

774 P.2d 459 (1989)

Charles F. FOX, Appellant, v. OKLAHOMA MEMORIAL HOSPITAL, formerly known as University Hospitals and Clinics, an Oklahoma corporation; Jay P. Cannon, M.D., individually and as associate professor of Surgery, Oklahoma Memorial Hospital, formerly known as University Hospitals and Clinics; Robert Milne, M.D., individually and as resident in surgery, Oklahoma Memorial Hospital, formerly known as University Hospitals and Clinics; Renee Willis, M.D., individually and as operating room assistant, Oklahoma Memorial Hospital formerly known as University Hospitals and Clinics; Sheila Harper, R.N., individually and as operating room attendant nurse, Oklahoma Memorial Hospital, formerly known as University Hospitals and Clinics; Matthew Anderson, individually and as operating room scrub technician, Oklahoma Memorial Hospital, formerly known as University Hospitals and Clinics; and John C. Glasgow, M.D., individually and as operating room assistant, Oklahoma Memorial Hospital, formerly known as University Hospitals and Clinics, Appellees.

Supreme Court of Oklahoma.

As Corrected June 14, 1989.

Rehearing Denied June 20, 1989.

Attorney(s) appearing for the Case

Howard K. Berry, III, Carolyn S. Thompson, Oklahoma City, for appellant.

Charles Lee Waters, Gen. Counsel, Roger Stuart, Asst. Gen. Counsel, Oklahoma City, for appellee, Oklahoma Memorial Hosp.

Robert C. Margo, Benjamin J. Butts, Cynthia L. Sparling, Oklahoma City, for appellees, Jay P. Cannon, M.D., Robert Milne, M.D., Renee Willis, M.D., and John C. Glasgow, M.D.

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...

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