WOODS v. UNITY HEALTH CENTER, INC.

No. 105,737.

196 P.3d 529 (2008)

2008 OK 97

Frank Artist WOODS, individually and as the surviving spouse of Shirley June Woods, and Deborah June (Woods) Middleton, individually and as the Personal Representative of the Estate of Shirley June Woods, deceased, Plaintiffs/Appellants, v. UNITY HEALTH CENTER, INC.; Community Health Partners, Inc., d/b/a Unity Health Center, an Oklahoma Corporation; Victor Roberts, M.D.; Michael B. Wiens, M.D.; David Hadley, M.S.; Keith Conaway, M.D.; Family Medicine Specialists, Inc.; and Family Medicine Specialists, P.C., an Oklahoma Corporation, Defendants/Appellees.

Supreme Court of Oklahoma.

November 4, 2008.


Attorney(s) appearing for the Case

David Swank, Norman, Oklahoma, and Neil P. McGuffee, Matthew C. Goodin, McGuffee & Goodin, P.C., Oklahoma City, OK, for the Plaintiffs/Appellants.

Alexander C. Vosler, Mary B. Hanan, Melissa L. Middleton, Johnson Hanan and Vosler, Oklahoma City, OK, for Unity Health Center, Inc., and Community Health Partners, Inc., Defendants/Appellees.

Russell L. Hendrickson, Scott A. Law, Pierce Couch Hendrickson Baysinger & Green, L.L.P, Oklahoma City, OK, for Sooner Emergency Medicine Associates, Inc., and Victor Roberts, M.D., Defendants/Appellees.

Kevin Driskill, C. Scott Jones, Kelly B. Davis, Driskill & Jones, Oklahoma City, OK, for Michael B. Wiens, M.D., Defendants/Appellees.

Stephen B. Peterson, Beverly S. Pearson, J. Mark McAlester, Fenton, Fenton, Smith, Reneau & Moon, Oklahoma City, OK, for David Hadley, M.S., Keith Conaway, M.D., Family Medicine Specialists, Inc., and Family Medicine Specialists, P.C., Defendants/Appellees.


WINCHESTER, C.J.

¶ 1 The issue before this Court is the constitutionality of 12 O.S. Supp.2003, § 1501 which deems dismissed any medical negligence lawsuit where the defendant has not been served with summons within 180 days of the filing of the lawsuit. We hold that the statute is unconstitutional.

¶ 2 Appellants challenge the constitutionality of § 150 as a special law in that it holds medical negligence plaintiffs...

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