declaring 63 O.S.Supp.2003 § 1-1708.1E--which required plaintiffs in medical malpractice tort suits to consult with, and to obtain a written opinion from, a qualified expert in support of their claim prior to filing their lawsuits--was an unconstitutional special law and monetary barrier to court access
How later courts described this case
- declaring 63 O.S.Supp.2003 § 1-1708.1E--which required plaintiffs in medical malpractice tort suits to consult with, and to obtain a written opinion from, a qualified expert in support of their claim prior to filing their lawsuits--was an unconstitutional special law and monetary barrier to court access
- declaring the statute requiring a plaintiff to attach a medical affidavit to a petition alleging medical negligence an unconstitutional special law
- law requiring affidavit of merit with petition barred right of access
Written by the judges who cited it.
The opinion
TAYLOR, J.,
concurring in result:
T1 I agree that 68 O.S. Supp.2008 § 1-1708.1E is an unconstitutional special law which is clearly prohibited by art. 5, § 46 of the Oklahoma Constitution.
T2 However, I do not join further in the majority opinion. Accordingly, I concur in result.
LAVENDER, J. dissents.