§ 63-942a. Appeal of medical examiner's findings.

A.  The spouse of the deceased or any person within one degree of consanguinity of the deceased may appeal the findings of the medical examiner to the district court of Oklahoma County under a petition for judicial review within two (2) years from the completion of the report.  Such appeal shall be made in writing, shall state the nature and reasons for the appeal, and shall be supported by affidavit.  The burden of proof shall be on the petitioner to establish by a preponderance of the evidence that the death certificate is in error.  The petitioner shall notify the Office of the Chief Medical Examiner in writing upon filing the petition for judicial review.  No jury shall be impaneled and no monetary damages shall be awarded under a cause of action filed pursuant to this subsection.

B.  The court shall conduct an evidentiary hearing.  Should the court find that the findings of the medical examiner are erroneous, the court shall immediately order the Chief Medical Examiner to correct the report and transmit the appropriate paperwork to the State Department of Health for the correction of the death certificate.

C.  Reports of the medical examiner made prior to November 1, 2011, may be appealed by the spouse of the deceased or any person within one degree of consanguinity of the deceased under the procedures specified in subsection A of this section.  Appeals made pursuant to this subsection shall be filed no later than November 1, 2013.

Added by Laws 2011, c. 344, § 3, eff. Nov. 1, 2011.