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MARCUM v. ADVENTIST HEALTH SYSTEM/WEST

(CC 040505205; CA A129660; SC S055431).

193 P.3d 1 (2008)

345 Or. 237

Deborah MARCUM, Petitioner on Review, v. ADVENTIST HEALTH SYSTEM/WEST, a foreign corporation, dba Adventist Health; Northwest Medical Foundation of Tillamook, an Oregon corporation, dba Tillamook County General Hospital; Alliance Imaging, Inc., a foreign corporation; Alliance Imaging Management, Inc., a foreign corporation; and Alliance Imaging Centers, Inc., a foreign corporation, Respondents on Review.

Supreme Court of Oregon, En Banc.

Decided September 16, 2008.

Attorney(s) appearing for the Case

Jeffrey B. Wihtol, Portland, argued the cause and filed the brief for petitioner on review.

Janet M. Schroer, Hoffman Hart & Wagner, LLP, Portland, and Lisa E. Lear, Bullivant Houser Bailey, P.C., Portland, argued the cause and filed the brief for respondents on review. With them on the brief was Marjorie A. Speirs, Hoffman Hart & Wagner, LLP, Portland.

Linda K. Eyerman, Gaylord Eyerman Bradley, P.C., Portland, filed the brief for amicus curiae Oregon Trial Lawyers Association. With her on the brief was Leslie W. O'Leary, Williams Love O'Leary & Powers, Portland.

BALMER, J.

This medical malpractice action requires us to review and apply the standards for admission of expert medical testimony. Under the applicable evidentiary rules, as interpreted in this court's cases, an expert's medical testimony must meet a test of "scientific validity." Plaintiff here experienced symptoms of pain, swelling, and discoloration in her left hand immediately after injection of a chemical called gadolinium...

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