NELSON v. POLLAY

No. 80299.

916 P.2d 1369 (1996)

Verna Mae NELSON, Individually, and as Personal Representative for Curtis Ray Nelson, deceased, Plaintiff-Appellant, v. Michael POLLAY, M.D., and Oklahoma Memorial Hospital, Defendants-Appellees.

Supreme Court of Oklahoma.

Rehearing Denied May 15, 1996.


Attorney(s) appearing for the Case

Rick E. Romano, Romano & Romano, Oklahoma City, for Appellant.

Perry T. Marrs, Jr., Short Wiggins Margo & Adler, Oklahoma City, for Appellee Pollay.

Charles L. Waters, General Counsel, Richard W. Freeman, Jr., Assistant General Counsel, Charles M. Jackson, Assistant General Counsel, Department of Human Services, Oklahoma City, for Appellee Oklahoma Memorial Hospital.


OPALA, Judge.

This public-law controversy presents three questions: (1) Does the 1985 Governmental Tort Claims Act [GTCA or Act]1 shield faculty physicians—who are teaching in a medical education program at Oklahoma Memorial Hospital [OMH or hospital]—from tort liability to a patient for negligence in providing medical or surgical services? (2) Does the 1985 version of the...

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