CASIDA v. COFFEY

No. 102960.

154 P.3d 1274 (2007)

2007 OK 14

Gina CASIDA, individually, and natural mother and next of kin of Braydon Casida, Plaintiff/Appellant, v. J. Clifton COFFEY, M.D. and J. Coffey, M.D., P.C., Farmers Union Hospital Association, and The Foundation Board of Great Plains Regional Medical Center in Elk City, Oklahoma, Defendants/Appellees.

Supreme Court of Oklahoma.

March 13, 2007.


Attorney(s) appearing for the Case

Tom Wilcox, Clinton, OK, for Plaintiff/Appellant.

David A. Branscum, Whitney E. Buergler, Foliart Huff Ottaway & Bottom, Oklahoma City, OK, for Defendants/Appellees, Farmers' Union Hospital Association and The Foundation Board of Great Plains Regional Medical Center in Elk City, Oklahoma.

John Wiggins, Lane O. Krieger, Wiggins Sewell & Ogletree, Oklahoma City, OK, for Defendants/Appellees, J. Clinton Coffey, M.D. and J. Coffey, M.D., P.C.


MEMORANDUM OPINION

HARGRAVE, J.

¶ 1 The sole issue in this case is whether the trial court erred in dismissing plaintiff's medical negligence action for failure to file the affidavit required by 63 O.S. Supp.2003 § 1-1708.1E. The statute required the plaintiff in a medical liability action to attach to the petition an affidavit attesting that the plaintiff has consulted and reviewed the facts of the claim with a qualified expert and has obtained...

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