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GOMES v. HAMEED

No. 103,013.

184 P.3d 479 (2008)

2008 OK 3

Linda GOMES, Edward B. Gomes, and Joseph Michael Coover, Co-Guardians of the Estate and Person of Alyssa Marie Gomes Coover, the minor child and next of kin of Georgette Rosa Gomes, Deceased, on behalf of Alyssa Marie Gomes Coover, and on behalf of Linda C. Gomes and Edward B. Gomes, Surviving Parents of Georgette Rosa Gomes, Deceased; and Linda Gomes and Edward B. Gomes, individually, Plaintiffs/Appellants, v. Akhtar HAMEED, M.D. and Jennifer L. Miles Holter, M.D., Defendants/Appellees.

Supreme Court of Oklahoma.

Rehearing Denied April 28, 2008.

Attorney(s) appearing for the Case

John W. Norman, Oklahoma City, Oklahoma, for Plaintiffs/Appellants.

Stephen J. Rodolf, Brent L. Thompson, Elizabeth S. Reynolds, Tulsa, Oklahoma, for Defendant/Appellee Holter.

L. Earl Ogletree, Lane O. Krieger, Oklahoma City, Oklahoma, for Defendant/Appellee Hameed.

KAUGER, J.

¶ 1 The determinative issues are whether: 1) statutory immunity pursuant to the Good Samaritan Act, 76 O.S.2001 § 5 et seq., precludes recovery against a doctor who attempted to provide care to an emergency room patient with whom he had no contractual relationship; and 2) an agreement not to sue negotiated on behalf of a minor and/or incapacitated person requires court approval to be enforceable...

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