MEAD v. LEGACY HEALTH SYSTEM

(CC 0402-01947; CA A130969; SC S058268).

283 P.3d 904 (2012)

352 Or. 267

Cynthia Lynn MEAD, Respondent on Review, 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., Petitioner on Review.

Supreme Court of Oregon, En Banc.

Decided July 26, 2012.


Attorney(s) appearing for the Case

Michael T. Stone and Larry A. Brisbee , Brisbee & Stockton LLC, Hillsboro, argued the cause for petitioner on review. Michael T. Stone filed the briefs.

Maureen Leonard , Portland, argued the cause and filed the briefs for respondent on review.

Andrew M. Schlesinger , Lake Oswego, filed the brief for amicus curiae Oregon Trial Lawyers Association.


KISTLER, J.

An emergency room doctor telephoned defendant (an on-call neurosurgeon) to ask his advice about plaintiff, who had come into the emergency room for treatment. When plaintiff later sued defendant for malpractice, the jury returned a verdict in defendant's favor; the jury found that defendant was not acting as plaintiff's doctor and, as a result, owed her no duty. The Court of Appeals reversed, holding that the trial court should have directed a verdict...

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