Jamie MARTINEAU, Personal Representative of the Decedent, Aaron Martineau, Respondent on Review,
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, Petitioners on Review, and
Cascade Medical Associates, the assumed business name of Doctor's Emergency Room Corporation, P.C., a corporation; and Gary Josephsen, M.D., an individual, Petitioners on Review. (SC S069760) (Control)
Jamie Martineau, Personal Representative of the Decedent, Aaron Martineau, Respondent on Review,
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, Petitioners on Review, and
Cascade Medical Associates, the assumed business name of Doctor's Emergency Room Corporation, P.C., a corporation; and Gary Josephsen, M.D., an individual, Petitioners on Review. (SC S069762).
Supreme Court of Oregon.https://leagle.com/images/logo.png
Argued and Submitted March 9, 2023, at University of Oregon School of Law, Eugene, Oregon.
July 7, 2023.
Attorney(s) appearing for the Case
Hillary A. Taylor , Keating Jones Hughes, P.C., Portland, argued the cause for petitioners Cascade Medical Associates and Gary Josephsen, M.D. Lindsey H. Hughes, Keating Jones Hughes, P.C., Portland, filed the brief for petitioners Cascade Medical Associates and Gary Josephsen, M.D. Also on the brief was Hillary A. Taylor.
Alice S. Newlin , Lindsay Hart, LLP, Portland, argued the cause and filed the brief for petitioners Radiology Associates, P.C. and Dariusz Zawierucha, M.D. Also on the brief were Nikola L. Jones and Jay W. Beattie.
Travis Eiva , Eiva Law, Eugene, argued the cause and filed the brief for respondent on review Jamie Martineau.
Ruth A. Casby , Hart Wagner LLP, Portland, filed the brief for amici curiae Oregon Medical Association and American Medical Association. Also on the brief was Janet M. Schroer.
Rhett G. Fraser , Huegli Fraser PC, Portland, filed the brief for amicus curiae Oregon Trial Lawyers Association.
Before Flynn, Chief Justice, and Duncan, Garrett, DeHoog, Bushong, Justices, and Walters and Nakamoto, Senior Judges, Justices pro tempore.
BUSHONG, J.
In this wrongful death action—which raises multiple claims of medical negligence against physicians and others—we must decide two questions. The first is whether the trial court erred when it instructed the jury that physicians "are not negligent merely because their efforts were unsuccessful" and that a physician "does...
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