MEAD v. LEGACY HEALTH SYSTEM

040201947; A130969.

220 P.3d 118 (2009)

231 Or. App. 451

Cynthia Lynn MEAD, Plaintiff-Appellant, v. LEGACY HEALTH SYSTEM, an Oregon corporation; Legacy Good Samaritan Hospital and Medical Center, an Oregon corporation; and Hubert Leonard, M.D., Defendants, and David Adler, M.D., Defendant-Respondent.

Court of Appeals of Oregon.

Decided October 28, 2009.


Attorney(s) appearing for the Case

Maureen Leonard argued the cause for appellant. With her on the briefs were Deborah L. Martin and Luvera, Barnett, Brindley, Beninger & Cunningham.

Michael T. Stone, Hillsboro, argued the cause and filed the brief for respondent.

Before EDMONDS, Presiding Judge, and WOLLHEIM, Judge, and SERCOMBE, Judge.


WOLLHEIM, J.

In this medical malpractice case, plaintiff appeals a judgment for defendant, Dr. Adler, an on-call neurosurgeon who gave advice over the telephone to an emergency room physician or resident physician concerning plaintiff's care. The case turns on whether the circumstances of that communication gave rise to a physician-patient relationship between defendant and plaintiff. The trial court denied plaintiff's motion for a directed verdict on the issue of...

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