Opinion

Graham v. Keuchel

  • 64 O.B.A.J. 420
  • 847 P.2d 342
  • 1993 OK 6
  • 1993 Okla. LEXIS 10
  • 1993 WL 20227
Court
Supreme Court of Oklahoma
Filed
Jan 26, 1993
Status
Published
Author
Simms
On the bench
Opala, Hodges, Lavender, Hargrave, Watt, Summers, Simms, Kauger, Wilson
Cited by
88 cases

recognizing preconception tort cause of action in suit for mother’s injuries and child’s wrongful death based on allegation that physicians during prior pregnancy failed to determine mother’s Rh negative blood type or to prescribe Rhogam, resulting in the death of child of subsequent pregnancy due to erythroblastosis fetalis; reversing jury verdict for defendants in part because jury misled by erroneous instruction that mother’s “election” to become pregnant with knowledge of her condition broke chain of causation and insulated defendants from liability

How later courts described this case

  • recognizing preconception tort cause of action in suit for mother’s injuries and child’s wrongful death based on allegation that physicians during prior pregnancy failed to determine mother’s Rh negative blood type or to prescribe Rhogam, resulting in the death of child of subsequent pregnancy due to erythroblastosis fetalis; reversing jury verdict for defendants in part because jury misled by erroneous instruction that mother’s “election” to become pregnant with knowledge of her condition broke chain of causation and insulated defendants from liability
  • indicating that evil intent may be inferred from a complete indifference to the consequences, reckless disregard of the safety of others, or gross negligence
  • holding patient=s knowledge of importance of her blood type and need to receive Rho-GAM shot during pregnancy but failure to advise doctors during her fifth pregnancy was some evidence of contributory negligence
  • refusing to rule that "mistake of judgment" instructions are impermissible and finding only that instruction should not have been given based on lack of evidence concerning "choice of several alternatives, equally acceptable medically”

Written by the judges who cited it.

The opinion

SIMMS, Justice,

concurring in part, dissenting in part:

In my opinion the instruction containing the language “elected to become pregnant” is neither vague nor ambiguous. I believe the instruction was properly given to the jury and I dissent to that part of the majority opinion holding otherwise.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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