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LYKINS v. SAINT FRANCIS HOSP., INC.

No. 84147.

917 P.2d 1 (1995)

Kelly Glen LYKINS and Sandra Irene Lykins, parents and next friends of Jeremia William Lykins, a minor, and Kelly Glen Lykins and Sandra Irene Lykins, individually, Plaintiffs-Appellants, v. SAINT FRANCIS HOSPITAL, INC., Defendant, Michelle Boice, M.D., Daron Street, M.D., Bill Williams, M.D., Jerry Sims, M.D., and Alfonzo Arze, M.D., Defendants-Appellees.

Supreme Court of Oklahoma.

December 5, 1995.

Attorney(s) appearing for the Case

David A. Tracy, Paul B. Naylor, Naylor & Williams, Tulsa, for Appellants.

Joseph A. Sharp, John H.T. Sheridan, Karen M. Grundy, Catherine L. Campbell, Kenneth E. Wagner, Timothy G. Best, Best, Sharp, Holden, Sheridan, Best & Sullivan, Tulsa, for Physician Appellees.

Howard K. Berry, Jr., Oklahoma City, for Amicus Curiae, Oklahoma Trial Lawyers Association.

Haven Tobias, Inona Jane Harness, Russell L. Hendrickson, Pierce, Couch, Hendrickson, Baysinger & Green, Oklahoma City, for Amicus Curiae, Oklahoma State Medical Association.

OPALA, Justice.

Two issues are dispositive of this controversy: (1) Does the Governmental Tort Claims Act [GTCA or Act]1 shield faculty and resident physicians—who are either teaching or participating in a medical education program at a private hospital under an affiliation agreement with a state medical school—from tort liability to a patient for negligence in providing medical or surgical services...

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