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FISCHER v. BAPTIST HEALTH CARE OF OKLAHOMA

No. 93,703.

14 P.3d 1292 (2000)

2000 OK 91

Kenneth FISCHER, Plaintiff/Appellant. v. BAPTIST HEALTH CARE OF OKLAHOMA, d/b/a Bass Memorial Hospital; and Terry M. Lewis, M.D., Defendants/Appellee.

Supreme Court of Oklahoma.

November 14, 2000.

Attorney(s) appearing for the Case

Ben T. Lampkin, Lampkin & Wolfe, Inc., Oklahoma City, OK, and E. Joe Lankford, Norman, OK, for the Appellee.

Leah McCaslin Kinsey, The Paul Law Firm, Tulsa, OK, for Appellant Bass Memorial Hospital.

Iona J. Harness, Susan Doke, Pierce Couch Hendrickson Baysinger & Green, L.L.P., Oklahoma City, OK, for Appellant, Terry M. Lewis, M.D.

HODGES, J.

¶ 1 The issue before this Court is whether the trial court abused its discretion in dismissing the petition against the defendants. We find the trial court erred in granting the motions to dismiss.

I. FACTS

¶ 2 The plaintiff, Kenneth Fischer, alleges that on June 2, 1993, he had surgery at the defendant hospital, Baptist Health Care of Oklahoma, also known as Bass Memorial Hospital (Hospital). Defendant, Terry M. Lewis, M.D....

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