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MARTINEAU v. MCKENZIE-WILLAMETTE MED. CTR.

A172846.

514 P.3d 520 (2022)

320 Or. App. 534

Jamie MARTINEAU, Personal Representative of the Decedent, Aaron Martineau, Plaintiff-Appellant, v. MCKENZIE-WILLAMETTE MEDICAL CENTER, an assumed business name of McKenzie-Willamette Regional Medical Center Associates, a limited liability company, Defendant, and Radiology Associates, P.C., a corporation; Dariusz Zawierucha, M.D., an individual; Cascade Medical Associates, the assumed business name of Doctor's Emergency Room Corporation, P.C., a corporation; and Gary Josephsen, M.D., an individual, Defendants-Respondents.

Court of Appeals of Oregon.

June 29, 2022.

Attorney(s) appearing for the Case

Travis Eiva , Portland, argued the cause and filed the briefs for appellant.

Lindsey H. Hughes , Portland, argued the cause for respondents Gary Josephsen, M.D., and Cascade Medical Associates. Also on the brief were Hillary A. Taylor and Keating Jones Hughes, P.C.

Alice S. Newlin , Portland, argued the cause for respondents Radiology Associates and Dariusz Zawierucha, M.D. Also on the brief were Jay W. Beattie , Nikola L. Jones , and Lindsay Hart, LLP.

Before James, Presiding Judge, and Egan, Judge, and Kamins, Judge.

Aaron Martineau visited the emergency room after experiencing chest pain and other symptoms. There, defendant Josephson examined him and arranged for a chest x-ray, which defendant Zawierucha read. Based on the results and on review of an electrocardiogram of a different patient, Josephson concluded that Martineau did not have an urgent...

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