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JOSHI v. PROVIDENCE HEALTH SYSTEM OF OREGON

9911-12261; A117813.

108 P.3d 1195 (2004)

198 Or. App. 535

Nisha JOSHI, Personal Representative of the Estate of Satyapriy Joshi, Appellant, v. PROVIDENCE HEALTH SYSTEM OF OREGON CORP., dba St. Vincent Hospital & Medical Center, an Oregon business; James L. Hedtke, M.D.; and Ezra Azhar, M.D.; and Aloha Family Practice Clinic, an Oregon Business, Respondents.

Court of Appeals of Oregon.

Decided March 30, 2005.

Attorney(s) appearing for the Case

Kathryn H. Clarke argued the cause for appellant. With her on the opening brief was John E. Uffelman, Beaverton.

Michael T. Stone argued the cause for respondent Providence Health System of Oregon Corp., Lindsey H. Hughes, Portland, argued the cause for respondent James L. Hedtke, M.D., and Janet M. Schroer, Portland, argued the cause for respondents Ezra Azhar, M.D., and Aloha Family Practice Clinic. With them on the joint brief were Brisbee & Stockton LLC, Hillsboro, Keating Jones Bildstein & Hughes PC, Portland, and Hoffman Hart & Wagner LLP, Portland.

Before LANDAU, Presiding Judge, and BREWER, Chief Judge, and EDMONDS, Judge.

BREWER, C.J.

Satyapriy Joshi died of a stroke after two doctors failed to diagnose his condition. Joshi's wife brought a wrongful death action against both doctors and the hospital and clinic where each practices. The trial court directed a verdict for defendants after plaintiff proffered expert opinion testimony that a timely diagnosis and proper treatment would have improved Joshi's chance of survival by approximately 30 percent but that Joshi probably would have...

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