# Graham v. Keuchel

> Supreme Court of Oklahoma · January 26, 1993 · 64 O.B.A.J. 420

URL: https://www.frixlaw.com/law-library/cases/9793267

## Case

- **Full name:** James Randolph GRAHAM, II and Katrina Dawn Graham, Natural Father and Mother, Guardians and Next Friends of Donald Keaton Graham, a Deceased Minor, Appellants and Counter-Appellees, v. Joseph A. KEUCHEL, D.O.; W. Richard Loerke, D.O.; Benien Clinic, Inc., an Oklahoma Corporation, Donald G. Dunaway, D.O.; Osteopathic Hospital Founders Association, an Oklahoma Corporation, D/B/A Oklahoma Osteopathic Hospital, Appellees and Counter-Appellants, and Drs. Dean, Hall & Ryker, William E. Hall, M.D., and David E. Ryker, M.D., Defendants
- **Court:** Supreme Court of Oklahoma
- **Decided:** January 26, 1993
- **Citations:** 64 O.B.A.J. 420; 847 P.2d 342; 1993 OK 6; 1993 Okla. LEXIS 10; 1993 WL 20227
- **Precedential status:** Published
- **Opinion:** Concurring in part by Simms
- **Judges:** Opala, Hodges, Lavender, Hargrave, Watt, Summers, Simms, Kauger, Wilson
- **Cited by:** 88 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9793267

## How later opinions describe it (automated extraction)

- 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 sub…
- 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
- finding "mistake of judgment” instruction to be error when not placed "in its proper context' — i.e., defines it as a situation in which the doctor faces a choice of alternative treatments”

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9793267. Public record. Not legal advice.