Crawford v. OSU Medical Trust

Summary

The Oklahoma Supreme Court held that the discovery rule applies to the commencement of the Governmental Tort Claims Act's one-year notice period for medical negligence claims, but does not delay the period until a plaintiff learns that the alleged tortfeasor was employed by a governmental entity. The court further held that minority does not toll the notice period under 51 O.S. § 156(E), and that the general disability-tolling statute, 12 O.S. § 96, does not apply when the GTCA controls. The court affirmed dismissal of the Crawfords' claims against OSU Medical Trust as untimely and remanded for further proceedings.

Holdings

1. When the discovery rule applies to the underlying tort, it applies to commencement of the one-year GTCA notice period; accordingly, the discovery rule applies to medical-negligence claims subject to the GTCA.
2. The discovery rule does not toll the one-year GTCA notice period until a plaintiff learns that the alleged tortfeasor is employed by the state or a political subdivision.
3. Section 156(E) does not toll the GTCA notice period because of incapacity arising solely from minority; it applies only when the injured person is unable to give notice because of incapacitation from the injury, and the tolling period may not exceed ninety days.
4. When the GTCA controls, 12 O.S. 2011 § 96 does not apply to extend or toll the GTCA's one-year notice period, including for a minor's medical-malpractice claim.
5. The Crawfords' claims against OSUMC were forever barred because notice was not presented within one year after June 21, 2017; the untimely notice deprived the district court of jurisdiction.

Questions Presented

1. Whether the discovery rule applies to commence the one-year Governmental Tort Claims Act notice period for a medical-negligence claim.
2. Whether the discovery rule delays commencement of the notice period until plaintiffs discover that the alleged tortfeasor is employed by a governmental entity.
3. Whether 51 O.S. Supp. 2012 § 156(E) tolls the GTCA notice period because the injured person is a minor.
4. Whether 12 O.S. 2011 § 96's limitations provisions for persons under a legal disability apply to a governmental tort claim involving a minor's medical injury.
5. Whether the Crawfords' untimely notice deprived the district court of jurisdiction over their claims against OSU Medical Trust.

Disposition

affirmed