Date: 05-31-2013

Case Style: Lorinda Bishop v. Norman Regional Hospital

Case Number: CJ-2012-1291

Judge: Lori Walkley

Court: District Court, Cleveland County, Oklahoma

Plaintiff's Attorney: Steve E. Clark and Heather Johnson Mitchell

Defendant's Attorney: Glen D. Huff, Robert D. Hoisington and Lauren K. Lindsey

Description: Lorinda Bishop, individually and as next of kin of her husband, Robert Bishop, and as a personal representative of the Estate of Robert Bishop sued the Norman Regional Hospital, a tradename of Norman Regional Hospital Authority on governmental tort claim wrongful death medical negligence theories claiming:

1. Norman Regional Hospital is an Oklahoma corporation, operating as a hospital in Norman, Oklahoma.

2. Robert Bishop was a patient at Norman Regional Hospital July 30, 201 1 and July31,
2011.

3. On July 30, 2011, Robert Bishop underwent decompressive surgery at Norman Regional Hospital.

4. During the dates of July 30, 2011 and July31, 2011, the agents, servants, ostensible agents and/or employees of Norman Regional Hospital were negligent in their care and treatment of Robert Bishop following his surgery.

5. Defendant claims coverage under the Oklahoma Government Tort Claims Act. Plaintiff has complied with the notice provisions of the Government Tort Claims Act.

6. As a result of the negligent care and treatment provided to Robert Bishop, while at
Norman Regional Hospital, by its agents, servants, ostensible agents and/or employees, Robert Bishop became paraplegic, damaging him in an amount in excess of $75,000.00.

7. As a further direct and proximate result of the negligence of the Defendant, Lorinda Bishop has been deprived of her services, companionship, support and loss of consortium, and incurred additional expense thereby damaging him in an amount in excess of $75,000.00.

8. Robert Bishop died on June 3, 2012. This action is brought as a survival action by his next ofkin under 120.5. § 1052 and 120.5. § 1054.

Defendant Norman Regional Hospital appeared and answered as follows:

1. The allegation in paragraph 1 of the Petition, that Normal Regional Hospital is a corporation, is denied. Normal Regional Hospital is a trade name for the Norman Regional Hospital Authority, a Public Trust. The Defendant admits that it operates as a hospital in Norman, Oklahoma.

2. The Defendant admits the allegations in paragraph 2 of the Petition.

3. The Defendant admits the allegations in paragraph 3 of the Petition.

4. As to the allegations in paragraph 4 of the Petition, the Defendant admits only that the agents and employees of Defendant Norman Regional Hospital provided care and treatment to Robert Bishop following his surgery. Defendant denies the care and treatment provided was negligent.

5. The Defendant admits that it is a political subdivision of the State of Oklahoma and is covered by the Oklahoma Governmental Tort Claims Act, Title 51 0.S. § 151 et seq. The Defendant also admits that Plaintiff complied with the notice provisions of the Oklahoma Governmental Tort Claims Act.

6. The Defendant denies the allegations in paragraphs 6 and 7 of the Petition.

7. The Defendant is without sufficient knowledge to admit or deny the allegations in paragraph 8 of the Petition, and the same are therefore denied.

8. The Defendant specifically denies any act or omission on its part in the care and treatment of Plaintiff was the proximate cause of any injury to the Plaintiff.

9. The Defendant specifically denies that the Plaintiff sustained any injury or suffered any damage by reason of any alleged act or omission on the part of the Defendant.

10. Since discovery has just begun, the Defendant reserves the right to amend its answer in any particular.

ADDITIONAL DEFENSES

1. The Amended Petition fails to state a claim against the Defendant upon which relief can be granted, either in whole or in part.

2. Any damages allegedly suffered by the Plaintiff were caused by the underlying medical condition of the Plaintiff or were the result of unforeseeable or unavoidable complications due to the underlying condition of the Plaintiff, which was not caused by the acts of the Defendant.

3. For further answer or defense, the Defendant states that Plaintiff’s damages claims are limited or restricted by the provisions of the Affordable Access to Health Care Act, 63 O.S. § 1- 1708.1A et seq.

4. Plaintiff’s claims, if any, are subject to the limitations of the Oklahoma Governmental Tort Claims Act, Title 51 O.S. § 151 et seq.
5. As discovery is just beginning, Defendants reserve the right to amend this Answer as more information is made known.

WHEREFORE, having answered, the Defendant, Norman Regional Hospital Authority, a Public Trust, dlb/a Normal Regional Hospital, prays that the Plaintiff take nothing and that the Defendant be awarded its costs and fees in this action and any further relief the Court finds to be equitable.

Outcome: COMES NOW the Plaintiff, Lorinda Bishop, individually and as next of kin of her husband, Robert Bishop, and as a personal representative of the Estate of Robert Bishop, and dismisses her claims as they pertain to Defendant, Norman Regional Hospital, a tradename for Norman Regional Hospital Authority, and with prejudice to the refiling of same, parties to bear their respective costs.

Plaintiff's Experts:

Defendant's Experts:

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