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SHEPARD v. SISTERS OF PROVIDENCE

A8401-00175; CA A60886.

793 P.2d 1384 (1990)

102 Or.App. 196

Wanda Mae SHEPARD, Appellant, v. SISTERS OF PROVIDENCE in Oregon, Dba St. Vincent Hospital and Medical Center, an Oregon Corporation, Respondent, and Nathaniel D. Wilson, M.D., Nathaniel D. Wilson, M.D., P.C., an Oregon Professional Corporation, Robert J. Condon, M.D., Robert J. Condon, M.D., P.C., an Oregon Professional Corporation, Defendants.

Court of Appeals of Oregon.

Decided June 20, 1990.

Attorney(s) appearing for the Case

James C. Tait, Oregon City, argued the cause and filed the briefs, for appellant.

Carrell F. Bradley, Hillsboro, argued the cause for respondent. With him on the brief was Larry A. Brisbee, Hillsboro.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

RICHARDSON, Presiding Judge.

The issue in this medical malpractice action is whether Dr. Teply, a surgical resident whose negligence injured plaintiff during an operation at defendant hospital, was the hospital's agent for purposes of the operation, making the hospital vicariously liable for the injury. Plaintiff contends that he was, and the hospital argues, inter alia, that he was instead the agent of the University of Oregon Health Sciences Center (university...

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