ANDERSON v. EICHNER

Nos. 79517, 79507.

890 P.2d 1329 (1994)

Leon ANDERSON, individually and as special administratrix and personal representative of the Estate of Henry Lee Richard, Deceased, Josephine Goodbear, individually and as mother and next friend of Henry Richard, Jr., a minor, Stacy Richard, a minor and Brandon Richard, a minor, Michael Richard and Steven L. Richard, Plaintiffs-Appellants, v. Edward EICHNER, Randy Morgan, a/k/a R.R. Morgan, Lee Serbousek, Edward Kuekes, Ronald Greenfield, John P. Kuebler, Oklahoma Memorial Hospital and the State of Oklahoma Teaching Hospitals, Defendants-Appellees. Uttara Karnik BHAT, a totally incapacitated adult, and Chandrashekar A. Bhat, as Husband and Guardian of the person and property of Uttara Karnik Bhat, a totally incapacitated adult; and Martand R. Karnik and Mrs. Shashikala Martand Karnik, Parents of Uttara Karnik Bhat, Plaintiffs-Appellants, v. STATE of Oklahoma ex rel. DEPARTMENT OF HUMAN SERVICES — OKLAHOMA MEMORIAL HOSPITAL and ex rel. Board of Regents of the University of Oklahoma; Ralph Lazzara, M.D.; John Harvey, M.D.; Eliot Schechter, M.D.; John Randolph, M.D., and Nick Twidale, M.D., individually; and the College of Medicine Private Practice Plan, a Joint Venture Medical Partnership, a/k/a the University of Medicine Professional Practice Plan, Defendants-Appellees.

Supreme Court of Oklahoma.

December 6, 1994.


Attorney(s) appearing for the Case

Stan Twardy, Oklahoma City, and Ed Abel, Donald E. Schroeder, and Lynn B. Mares, Abel, Musser, Sokolosky & Assoc., Oklahoma City, for appellants in No. 79507.

John Wiggins and Cynthia L. Sparling, Short, Barnes, Wiggins, Margo & Adler, Oklahoma City, for appellees in No. 79507.

Richard E. Hornbeek, Abowitz & Welch and Hornbeek, Krahl & Vitali, Oklahoma City, for appellants in No. 79517.

Kevin Driskill, Oklahoma City, for appellee Eichner in No. 79517.

J. Roger Hurt, Inona J. Harness, Pierce, Couch. Hendrickson, Johnston & Baysinger and Haven Tobias, Pierce, Couch, Hendrickson, Baysinger & Green, Oklahoma City, for appellees Morgan and Serbousek in No. 79517.

Steven R. Hickman, Frasier & Frasier, Tulsa and Howard K. Berry, Jr., Oklahoma City, for amicus curiae in Nos. 79517 and 79507, Oklahoma Trial Lawyers Ass'n.

Ed Kelsay, Oklahoma City, for amicus curiae in Nos. 79517 and 79507, Oklahoma State Medical Ass'n.


OPALA, Justice.

The first-impression issue dispositive of these two appeals is whether the Governmental Tort Claims Act1 shields faculty physicians, resident physicians and interns — who are either teaching or participating in an educational program at Oklahoma Memorial Hospital — from tort liability in medical malpractice suits brought against them in their status as state...

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