[Download] "Reynolds v. Porter" by South Carolina Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: Reynolds v. Porter
- Author : South Carolina Supreme Court
- Release Date : January 19, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
1 The petitioner, a plaintiff in a medical malpractice action, challenges the constitutionality of the three-year proviso in 76 O.S. 1981 ? 18 which limits the scope of recoverable damages when an action is brought more than three years from the date of the injury. She asserts that ? 18 violates [1] the Equal Protection Clause of the U.S. Constitution by penalizing only victims of health care providers malpractice without a corresponding penalty for victims of other tortfeasors; [2] Oklahomas constitutional prohibition against special laws limiting civil actions, Art. 5, ? 46 , by creating a limitation period which protects a special class of tortfeasors; [3] Oklahomas constitutional prohibition against granting exclusive rights, privileges or immunities, Art. 5, ? 51 , by granting immunity from suit to the health care profession for certain types of damages; and [4] Oklahomas constitutional prohibition against the limitation of amounts recoverable for injuries resulting in death, Art. 23 ? 7.
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