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BENTLEY v. KIRK

No. 113,127. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 4.

348 P.3d 1112 (2015)

2015 OK CIV APP 43

Ted BENTLEY and Rita Bentley, Plaintiffs/Appellants, v. Clint KIRK, D.O. and Comanche, County Memorial Hospital Authority, d/b/a Comanche County Memorial Hospital, Defendants/Appellees, and Smith & Nephew, Inc., Defendant.

Court of Civil Appeals of Oklahoma, Division No. 4.

April 8, 2015.

Attorney(s) appearing for the Case

Micky Walsh , Jerry Fraley , Derek Franseen , Beeler, Walsh & Walsh, PLLC, Oklahoma City, OK, for Plaintiffs/Appellants.

Glen D. Huff , Robert D. Hoisington , Lindsey D. Parke , Foliart, Huff, Ottaway & Bottom, Oklahoma City, OK, for Defendants/Appellees Clint Kirk, D.O. and Comanche County Memorial Hospital.

¶ 1 Plaintiffs Ted Bentley and Rita Bentley appeal the summary judgment of the district court holding that Defendants Dr. Clint Kirk and Comanche County Memorial Hospital (Hospital) cannot be sued for medical malpractice. We vacate both grants of summary judgment.

BACKGROUND

¶ 2 Plaintiffs...

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