WING v. LORTON

No. 107,930.

261 P.3d 1122 (2011)

2011 OK 42

Patricia Hawk WING and Bernard Hawk Wing, Appellants, v. Jay D. LORTON, M.D., and Eastern Oklahoma Orthopedic Center, Inc., Appellees.

Supreme Court of Oklahoma.

Rehearing Denied October 10, 2011.


Attorney(s) appearing for the Case

Benjamin J. Butts , Butts & Marrs, P.L.L.C., Oklahoma City, for Appellants.

Matthew B. Free , Best & Sharp, Tulsa, for Appellees.


COLBERT, V.C.J.

¶ 1 The issue in this matter is whether the claim for medical malpractice is timely. Proper application of the discovery rule discloses that reasonable minds could differ as to when the plaintiff knew or should have known of the injury or condition resulting from the defendants' alleged failure to diagnose and provide proper treatment. Therefore, it was error for the lower courts to hold the claim was time-barred as a matter of law and the matter...

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