RISHELL v. JANE PHILLIPS EPIS. MEMORIAL MED. CTR.

No. 92-6326.

12 F.3d 171 (1993)

Max Lee RISHELL, Curator of the person and estate of Kathleen Lacey, an incapacitated person, Plaintiff-Appellant, v. JANE PHILLIPS EPISCOPAL MEMORIAL MEDICAL CENTER; Jane Phillips Episcopal Hospital, Inc., doing business as Oklahoma Medical Correction Services, formerly known as Jane G. Phillips Memorial Hospital, Inc., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

December 21, 1993.


Attorney(s) appearing for the Case

Larry Alan Tawwater, Lampkin, McCaffrey & Tawwater, Oklahoma City, OK (Ben T. Lampkin and Jo L. Slama, with him on the briefs), for plaintiff-appellant.

Karen L. Callahan, Barkley, Rodolf & McCarthy, Tulsa, OK (Stephen J. Rodolf and Ann Makela Schneider, on the briefs), for defendants-appellees.

Before LOGAN and MOORE, Circuit Judges, and BROWN, Senior District Judge.


JOHN P. MOORE, Circuit Judge.

This case was initiated by the personal representative of a person who, while hospitalized in the defendant institution, failed in an attempt to end her own life. As a consequence of injuries arising from her abortive suicide, the person, Ms. Lacey, now exists in a permanent vegetative state in an institution in Louisiana specially able to care for her. Imprisoned within her own body and deprived of mental capacity to make even the most...

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