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Oregon Revised Statutes

Or. Rev. Stat. § 677.095 (2026)

Duty of care; legal issues not precluded by investigation or administrative proceeding

✓ current as of May 2026
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      677.095 Duty of care; legal issues not precluded by investigation or administrative proceeding. (1) A physician licensed to practice medicine or podiatry by the Oregon Medical Board has the duty to 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.

      (2) A physician associate licensed to practice medicine by the board has the duty to use that degree of care, skill and diligence that is used by ordinarily careful physician associates in the same or similar circumstances in the community of the physician associate or a similar community.

      (3) In any suit, action or arbitration seeking damages for professional liability from a health care provider, an issue may not be precluded on the basis of a default, stipulation, agreement or any other outcome at any stage of an investigation or an administrative proceeding, including but not limited to a final order. [1975 c.796 §10d; 1983 c.486 §7; 1995 c.684 §2; 1997 c.792 §19; 2013 c.129 §8; 2023 c.314 §2; 2024 c.73 §123]

Notes of Decisions
Cited in 39 cases (12 in the last 5 years), 1981–2025 · leading case: Spray v. Bd. of Med. Examiners, 624 P.2d 125 (Or. Ct. App. 1981).
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Spray v. Bd. of Med. Examiners, 624 P.2d 125 (Or. Ct. App. 1981). · cites it 15× “The Board charged him with failing to comply with the standards required of a physician licensed to practice medicine in Oregon by ORS 677.095 "by failing to take sufficient medical history from [certain patients] and neglecting to perform a physical examination of [those…”
Zavalas v. State Ex Rel. Dep't of Corr., 861 P.2d 1026 (Or. Ct. App. 1993). · cites it 6× “That standard is articulated in ORS 677.095, which provides: "A physician * * * licensed to practice medicine * * * has the duty to use that degree of care, skill and diligence which is used by ordinarily careful physicians * * * in the same or similar circumstances in the…”
Gaston v. Parsons, 864 P.2d 1319 (Or. 1994). · cites it 2× “See ORS 677.095 (general duty of care for physicians); ORS 677.”
Martineau v. McKenzie-Willamette Med. Ctr., 533 P.3d 1 (Or. 2023). · cites it 3× “” ORS 677.095(1). Although the majority is correct that opinions of this court have endorsed the general proposition that a “phy- sician is not a warrantor of a cure,” those opinions predate the statutory standard of care and almost exclusively reflect attempts to explain why…”
Trees v. Ordonez, 311 P.3d 848 (Or. 2013). · cites it 2× “The standard of care for physicians in Oregon has been codified in ORS 677.095(1): “A physician * * * licensed to practice medicine * * * by the Oregon Medical Board has the duty to use that degree of care, skill and diligence that is used by ordinarily careful physicians * * *…”
Stone v. Witt, 331 Or. App. 722 (Or. Ct. App. 2024). · cites it 3× “095(1) (“A physician licensed to practice medicine * * * by the Oregon Medical Board has the duty to 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…”
Sloan v. Providence Health Sys.-Oregon, 437 P.3d 1097 (Or. 2019). “" ORS 677.095(1). In other words, a physician has an affirmative duty "to provide the patient with the level of care that a reasonably prudent, careful, and skillful practitioner of the physician's discipline would have provided to the patient under the same or similar…”
Eusterman v. Nw. Permanente, P.C., 129 P.3d 213 (Or. Ct. App. 2006). · cites it 2× “803(2) on which plaintiff relies are as follows: “A medical services contract shall: Hs íjí ifc iji “(e) Provide that a doctor of medicine or osteopathy licensed under ORS chapter 677 shall be retained by the other party to the medical services contract and shall be responsible…”
Mead v. Legacy Health Sys., 283 P.3d 904 (Or. 2012). · cites it 2× “Specifically, ORS 677.095(1) requires that licensed physicians “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.”
Creasey v. Hogan, 637 P.2d 114 (Or. 1981). · cites it 2× “It is also appropriate to note that the statutory standard of care applicable to medical doctors under ORS 677.095 is: “A physician licensed to practice medicine by the Board of Medical Examiners for the State of Oregon has the duty to use that degree of care, skill and…”
Mosley v. Owens, 816 P.2d 1198 (Or. Ct. App. 1991). · cites it 4× “1 Defendant appeals on the ground that, contrary to Oregon’s “locality rule,” ORS 677.095, 2 plaintiffs expert witness was not familiar with the customary medical practices of specialists in Roseburg or a similar community, and therefore was not competent to testify as a medical…”
Martineau v. McKenzie-Willamette Med. Ctr., 514 P.3d 520 (Or. Ct. App. 2022). · cites it 2× “095, which now provides as follows: “A physician licensed to practice medicine or podiatry by the Oregon Medical Board has the duty to use that degree of care, skill and diligence that is used by ordinarily care- ful physicians in the same or similar circumstances in the…”
Show all 39 citing cases →
— Or. Rev. Stat. § 677.095(1) — 17 cases
Martineau v. McKenzie-Willamette Med. Ctr., 533 P.3d 1 (Or. 2023). “” ORS 677.095(1). Although the majority is correct that opinions of this court have endorsed the general proposition that a “phy- sician is not a warrantor of a cure,” those opinions predate the statutory standard of care and almost exclusively reflect attempts to explain why…”
Trees v. Ordonez, 311 P.3d 848 (Or. 2013). “The standard of care for physicians in Oregon has been codified in ORS 677.095(1): “A physician * * * licensed to practice medicine * * * by the Oregon Medical Board has the duty to use that degree of care, skill and diligence that is used by ordinarily careful physicians * * *…”
Stone v. Witt, 331 Or. App. 722 (Or. Ct. App. 2024). “095(1) (“A physician licensed to practice medicine * * * by the Oregon Medical Board has the duty to 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…”
Sloan v. Providence Health Sys.-Oregon, 437 P.3d 1097 (Or. 2019). “" ORS 677.095(1). In other words, a physician has an affirmative duty "to provide the patient with the level of care that a reasonably prudent, careful, and skillful practitioner of the physician's discipline would have provided to the patient under the same or similar…”
Mead v. Legacy Health Sys., 283 P.3d 904 (Or. 2012). “Specifically, ORS 677.095(1) requires that licensed physicians “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.”
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