SMITH v. PROVIDENCE HEALTH & SERVICES

CC 130202067 CA A155336 SC S063358.

393 P.3d 1106 (2017)

361 Or. 456

Joseph L. SMITH, Petitioner on Review, v. PROVIDENCE HEALTH & SERVICES — OREGON, dba Providence Hood River Memorial Hospital, dba Providence Medical Group; Linda L. Desitter, MD; Michael R. Harris, MD; Hood River Emergency Physicians, LLC; and Hood River Medical Group, PC; Respondents on Review, and Providence Medical Group, fka Hood River Medical Group, PC; and Hood River Medical Group, PC, Defendants.

Supreme Court of Oregon.

May 11, 2017.


Attorney(s) appearing for the Case

Stephen C. Hendricks , Hendricks Law Firm, PC, Portland, argued the cause and filed the brief for petitioner on review.

George S. Pitcher , Lewis Brisbois Bisgaard & Smith LLP, Portland, argued the cause and filed the brief for respondent on review Providence Health & Services — Oregon. Also on the brief was Rachel A. Robinson.

Lindsey H. Hughes , Keating Jones Hughes, PC, Portland, argued the cause and filed the brief for respondents on review Michael R. Harris, MD, and Hood River Medical Group, PC. Also on the brief was Hillary A. Taylor.

Jay Beattie , Lindsay Hart, LLP, Portland, argued the cause and filed the brief for respondents on review Linda L. Desitter, MD, and Hood River Emergency Physicians.

Roy Pulvers , Holland & Knight LLP, Portland, filed the brief for amici curiae Oregon Medical Association and American Medical Association.

Travis Eiva , Eugene, filed the brief for amicus curiae Oregon Trial Lawyers Association. Also on the brief was Dan Bartz.

Michael T. Stone , Brisbee & Stockton LLC, Hillsboro, filed the brief for amicus curiae Oregon Association of Defense Counsel.

Before Balmer, Chief Justice, and Kistler, Walters, Landau, Brewer, Nakamoto, and Flynn, Justices.


After suffering permanent brain damage from a stroke, plaintiff Joseph Smith brought this medical negligence action, alleging that, because doctors had not taken proper steps to follow up on his complaints of stroke symptoms, he lost a chance for treatment that, in one-third of cases, provides a patient with no or reduced complications...

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