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CHRISTIANSEN v. PROVIDENCE HEALTH SYSTEM

(CC 0301-00634; CA A122603; SC S054731).

184 P.3d 1121 (2008)

344 Or. 445

Kelly CHRISTIANSEN, Conservator for James Carrier, a Minor, Petitioner on Review, v. PROVIDENCE HEALTH SYSTEM OF OREGON CORPORATION, dba St. Vincent Hospital & Medical Center, an Oregon business; and Randi R. Ledbetter, M.D., Respondents on Review.

Supreme Court of Oregon.

Decided May 8, 2008.

Attorney(s) appearing for the Case

Kathryn H. Clarke, Portland, argued the cause for petitioner on review. With her on the briefs were Brian S. Campf, Portland, and John E. Uffelman, Beaverton.

Lindsey H. Hughes, Keating, Jones, Bildstein & Hughes, Portland, argued the cause and filed the briefs for respondent on review Randi R. Ledbetter, M.D. Michael T. Stone, Brisbee & Stockton, Hillsboro, argued the cause and filed the briefs for respondent on review Providence Health System of Oregon.

Maureen Leonard, Portland, Robert K. Udziela, Beaverton, and David F. Sugerman, Portland, filed briefs on behalf of amicus curiae Oregon Trial Lawyers Association.

Thomas E. Cooney and David J. Madigan, Cooney & Crew, LLP, Lake Oswego, filed a brief on behalf of amicus curiae Oregon Medical Association.

C. Robert Steringer, and Jona J. Maukonen, Harrang Long Gary Rudnick PC, Portland, filed a brief on behalf of amicus curiae Oregon Association of Hospitals and Health Systems.

Marjorie A. Speirs, Portland, filed a brief on behalf of amicus curiae Oregon Association of Defense Counsel.

Before DE MUNIZ, Chief Justice, and GILLETTE, DURHAM, BALMER, KISTLER, and WALTERS, Justices.

DE MUNIZ, C.J.

Petitioner Kelly Christiansen (plaintiff below), conservator for her minor son, seeks review of a trial court judgment dismissing her medical negligence complaint against defendants on the ground that the action was barred by the five-year limitation period established in ORS 12.110(4). Plaintiff argues that the application of that statute to her son's case violates the remedy requirement set forth in Article I, section 10, of the Oregon Constitution...

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