ARENA v. GINGRICH

TC A8306-03487; CA A36593; SC S33932, S33935.

748 P.2d 547 (1988)

305 Or. 1

Margaret C. ARENA, Respondent On Review, v. Richard A. GINGRICH, M.D., Petitioner On Review, Frank J. Baumeister, Jr., M.D., Portland Adventist Medical Center, an Oregon Nonprofit Corporation, American Heyerschulte Corporation, a Delaware Corporation, and American Hospital Supply Corporation, an Illinois Corporation, Defendants.

Supreme Court of Oregon, In Banc.

Decided January 12, 1988.

Reconsideration Denied February 23, 1988.


Attorney(s) appearing for the Case

Thomas E. Cooney, Portland, appeared on behalf of petitioner on review. With him on the petition for review was Connie K. Elkins of Cooney, Crew & Wihtol, Portland.

David Gernant, Portland, appeared on behalf of respondent on review. With him on the petition for review were Leo R. Probst and Richard M. Rogers of Leo R. Probst & Associates, Portland.


LINDE, Justice.

Defendant Gingrich, a surgeon, operated on plaintiff to correct a hiatal hernia. Before doing so, he explained to plaintiff two alternative procedures for repairing such a hernia by wrapping and suturing a portion of the stomach to the esophagus. In fact, however, he eventually employed a third procedure, which entailed implanting in the patient an artificial device known as an Angelchik ring. Plaintiff sued...

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