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FIEUX v. CARDIOVASCULAR & THORACIC CLINIC

(9534-05L3; CA A99966)

978 P.2d 429 (1999)

159 Or. App. 637

Maurice FIEUX, Appellant, v. CARDIOVASCULAR & THORACIC CLINIC, P.C., George R. Wilkinson, M.D., and Rogue Valley Medical Center, Respondents.

Court of Appeals of Oregon.

Decided April 14, 1999.

Attorney(s) appearing for the Case

Stephen C. Hendricks, Portland, argued the cause and filed the briefs for appellant.

Benjamin M. Bloom, Medford, argued the cause for respondents Cardiovascular & Thoracic Clinic, P.C., and George R. Wilkinson, M.D. With him on the brief was Hornecker, Cowling, Hassen & Heysell, L.L.P.

Thomas F. Armosino, Medford, argued the cause for respondent Rogue Valley Medical Center. On the brief were John R. Huttl and Frohnmayer, Deatherage, Pratt, Jamieson, Clarke, & Moore, P.C.

Before De MUNIZ, Presiding Judge, and LANDAU and WOLLHEIM, Judges.

WOLLHEIM, J.

Plaintiff filed this medical malpractice action against his surgeon and the hospital (defendants) after a clamp was left behind his heart following open heart surgery. Plaintiff relied on res ipsa loquitur to infer negligence without using expert medical testimony to establish the standard of care. The trial court found that, without expert medical testimony, it could not conclude that leaving a clamp in plaintiff's chest would not have happened...

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