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ROTH v. MERCY HEALTH CENTER, INC.

No. 104, 984.

246 P.3d 1079 (2011)

2011 OK 2

Elizabeth ROTH, as Personal Representative of the Estate of Geneva M. Roth, deceased, Plaintiff/Appellant/Counter-Appellee, v. MERCY HEALTH CENTER, INC., a/k/a Mercy Health System of Oklahoma, a/k/a Mercy Health Care Corporation, and James D. Dixson, M.D., Defendants/Appellees/Counter-Appellees.

Supreme Court of Oklahoma.

January 18, 2011.

Attorney(s) appearing for the Case

Rick Bisher , Ryan, Bisher, Ryan, Oklahoma City, for Plaintiff Elizabeth Roth.

Chris L. Fox , Heron, Sweet, Fox & Trout, P.C., Oklahoma City, for Defendant Mercy Health Center.

Hilton H. Walters , Rife & Walters, Oklahoma City, and Alison A. Cave , Edmond, for Defendant James D. Dixson, M.D.

COLBERT, V.C.J.

¶ 1 This is a medical negligence and wrongful death action initiated by Plaintiff, as personal representative of the estate of her deceased mother. The Court of Civil Appeals affirmed the trial court's jury verdict in favor of Defendants, Mercy and Dr. Dixson. The inquiry in this appeal concerns the trial court's discretion in denying Plaintiff's first motion to amend.

I. BACKGROUND AND PROCEDURAL HISTORY

¶ 2 On January...

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