medical negligence claim (Oregon) · Go Syfert
← Oregon issues

medical negligence claim in Oregon

7 Oregon opinions name it 2 courts 1989–2018 0 in the last five years

The cases below were cited by Oregon courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
MacY v. Blatchfordgreen
or · 2000 · cited in 1 Oregon opinions naming this issue, 2012–2012
1 sentence

2012For a medical negligence claim, the standard of care requires that a physician “use that degree of care, skill and diligence that is used by ordinarily careful physicians * * * in the same or similar circumstances in the community of the physician * * * or a similar community.” ORS 677.095(1); see also Macy, 330 Or at 449 .

11
Doe v. American Red Crossgreen
or · 1996 · cited in 1 Oregon opinions naming this issue, 1999–1999
2 sentences

1999See also Doe v. American Red Cross, 322 Or 502, 513 , 910 P2d 364 (1996) (identifying tortious conduct as the third element of the discoveiy rule in the context of ORS 12.110(1)).

1999See also Doe v. American Red Cross, 322 Or 502, 513 , 910 P2d 364 (1996) (identifying tortious conduct as the third element of the discoveiy rule in the context of ORS 12.110(1)).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Oregon. Read the followed side critically anyway.

Also cited on this issue (7)

CaseCitedYears
Smith v. Providence Health & Services - Oregon green
or · 2017
2 sentences

2018There, we recognized, as a matter of first impression, a medical negligence claim based on a loss-of-chance theory of injury. 361 Or. at 482 , 393 P.3d 1106 .

2018There, we recognized, as a matter of first impression, a medical negligence claim based on a loss-of-chance theory of injury. 361 Or. at 482 , 393 P.3d 1106 .

12018–2018
Smith v. Providence Health & Services - Oregon green
orctapp · 2015
1 sentence

2017Smith, 270 Or App at 331-32 .

12017–2017
Simpkins v. Connor green
orctapp · 2006
1 sentence

2012Id.

12012–2012
Gaston v. Parsons green
or · 1994
1 sentence

1999This court explained in Gaston , in the context of a medical negligence claim, that, under the discovery rule, a plaintiff must have a reasonable opportunity to become aware of the following three elements before the statute of limitations will begin to run: (1) harm; (2) causation; and (3) tortious conduct. 318 Or at 255-56 .

11999–1999
Scott v. Francis green
or · 1992
2 sentences

1992In Scott v. Francis, 314 Or 329 , 838 P2d 596 (1992), two lawyers, Lopez and Jackson, were retained to assert a medical negligence claim.

1992In Scott v. Francis, 314 Or 329 , 838 P2d 596 (1992), two lawyers, Lopez and Jackson, were retained to assert a medical negligence claim.

11992–1992
Industrial Underwriters, Inc. v. Jks, Inc. green
orctapp · 1988
2 sentences

1989Although the court did not err when it granted summary judgment on the medical negligence claim, see Tiedemann v. Radiation Therapy Consultants, 299 Or 238 , 701 P2d 440 (1985), plaintiff contends that the court erred when it granted the sua sponte summary judgment on the emotional distress claim. 2 We held in Industrial Underwriters v. JKS, Inc., 90 Or App 189 , 750 P2d 1216 (1988), that it was reversible error for the trial court to allow a summary judgment when no motion had been made.

1989Although the court did not err when it granted summary judgment on the medical negligence claim, see Tiedemann v. Radiation Therapy Consultants, 299 Or 238 , 701 P2d 440 (1985), plaintiff contends that the court erred when it granted the sua sponte summary judgment on the emotional distress claim. 2 We held in Industrial Underwriters v. JKS, Inc., 90 Or App 189 , 750 P2d 1216 (1988), that it was reversible error for the trial court to allow a summary judgment when no motion had been made.

11989–1989
Tiedemann v. Radiation Therapy Consultants green
or · 1985
2 sentences

1989Although the court did not err when it granted summary judgment on the medical negligence claim, see Tiedemann v. Radiation Therapy Consultants, 299 Or 238 , 701 P2d 440 (1985), plaintiff contends that the court erred when it granted the sua sponte summary judgment on the emotional distress claim. 2 We held in Industrial Underwriters v. JKS, Inc., 90 Or App 189 , 750 P2d 1216 (1988), that it was reversible error for the trial court to allow a summary judgment when no motion had been made.

1989Although the court did not err when it granted summary judgment on the medical negligence claim, see Tiedemann v. Radiation Therapy Consultants, 299 Or 238 , 701 P2d 440 (1985), plaintiff contends that the court erred when it granted the sua sponte summary judgment on the emotional distress claim. 2 We held in Industrial Underwriters v. JKS, Inc., 90 Or App 189 , 750 P2d 1216 (1988), that it was reversible error for the trial court to allow a summary judgment when no motion had been made.

11989–1989

Where else courts name it

FL 55 (1993–2026) IL 39 (1980–2025) TX 38 (1993–2023) OH 34 (1994–2026) WA 26 (1999–2025) MD 14 (2001–2025) IN 10 (1995–2015) NC 9 (2010–2020) CA 9 (1993–2026) AZ 9 (1985–2024) NJ 8 (1999–2026) PA 7 (1999–2025) MS 7 (2008–2024) OR 7 (1989–2018) NM 6 (2001–2021) KY 5 (2023–2026) WI 4 (2009–2024) WV 3 (1996–2022) DE 3 (2016–2025) GA 3 (2016–2022) CO 3 (2009–2024) CT 3 (2011–2024) IA 2 (2025–2026) HI 2 (2020–2024) NH 2 (2005–2009)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check