In Segroves v Hartson , the United States District Court for the Northern District of Oklahoma determined that notwithstanding the settlement and the release, Wendy Segroves was entitled to bring suit against and ultimately, if she proved her case, was entitled to recover from the anesthesiologist. When a legislature makes law, it determines the date on which the law will first apply. The law can only become effective after it is passed by the legislature and signed by the governor. This gives citizens a chance to familiarize themselves with the new law and change their practices accordingly. Courts do not make law in the same way that a legislature does.
Courts interpret the law.
When a court changes its interpretation, it is saying that its newest interpretation should have been and always was the law. Consequently, court decisions usually take effect retroactively. The Oklahoma Supreme Court had determined that under the principles of tort law, negligent conduct toward a parent may also cause damage to a child. Ironically, if Wendy had sued the anesthesiologist when Mrs. Segrove's did, the court would have ruled against her because Oklahoma did not then recognize this cause of action. Three factor test determines retroactive application Courts are aware that when they overturn a decision they can sometimes cause hardship.