TREES v. ORDONEZ

(CC 060505489; CA A139893; SC S060752).

311 P.3d 848 (2013)

354 Or. 197

Peggy N. TREES, Petitioner on Review, v. Julio A. ORDONEZ, M.D., and Greater Portland Neurosurgical Center, P.C., Respondents on Review, and Werner R. Meier, M.D.; W.R. Meier, M.D., P.C.; David Jay Silver, M.D.; and David J. Silver, M.D., P.C., Defendants.

Supreme Court of Oregon.

Decided October 3, 2013.


Attorney(s) appearing for the Case

Rick Pope , Kirklin Thompson & Pope LLP, Portland, argued the cause and filed the briefs for petitioner on review. With him on the briefs was George Kirklin.

Larry Brisbee , Brisbee & Stockton LLC, Hillsboro, argued the cause for respondents on review. Michael T. Stone filed the brief for respondents on review.

Travis Eiva filed a brief for amicus curiae Oregon Trial Lawyers Association.

Before BALMER, Chief Justice, and KISTLER, WALTERS, LINDER, LANDAU, and BALDWIN, Justices.


BALMER, C. J.

In this medical malpractice case, we decide whether a plaintiff is required to present expert testimony from a medical doctor to establish the standard of care and breach of the standard of care. Plaintiff presented expert testimony from a biomechanical engineer familiar with use of the medical device installed on plaintiff's cervical spine by defendant, a neurosurgeon. For the reasons set out below, we conclude that plaintiff introduced sufficient evidence...

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