GIESE v. BAY AREA HEALTH DIST.

88 CV 0331; CA A50417.

790 P.2d 1198 (1990)

101 Or.App. 410

Kirk GIESE, Appellant, v. BAY AREA HEALTH DISTRICT, a Corporation Doing Business As Bay Area Hospital, Defendant, and Lawrence E. Witt, M.D., Respondent.

Court of Appeals of Oregon.

Decided April 25, 1990.


Attorney(s) appearing for the Case

Kathryn H. Clarke, Portland, argued the cause and filed the briefs for appellant.

Garrison F. Turner, Ashland, argued the cause for respondent. With him on the brief was Frohnmayer, Deatherage, Pratt, Jamieson & Turner, P.C., Ashland.

Before GRABER, P.J., and RIGGS and EDMONDS, JJ.


EDMONDS, Judge.

Plaintiff appeals from a judgment dismissing his claim for medical malpractice against defendant doctor (defendant). He argues that the trial court erred in holding that defendant was entitled to invoke the provisions of the Oregon Tort Claims Act (OTCA). ORS 30.260 to ORS 30.300. We reverse and remand for further proceedings.

After suffering an injury to his groin plaintiff went to the emergency room of defendant hospital, a public institution...

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