Legal Opinion

O'BRIEN v. State

Court of Appeals of Oregon

Decided October 17, 1990No. 8802-00742; CA A60568PublishedCited by 14 opinions

1Opinion of the Court

*3RICHARDSON, J.

Plaintiff brought this medical malpractice action under the Oregon Tort Claims Act (OTCA), ORS 30.260 to ORS 30.300, for injuries that she allegedly sustained at the Oregon Health Sciences University (OHSU). The trial court dismissed her complaint1 on the ground that ORS 12.110(4), the five-year statute of ultimate repose for malpractice actions, barred her claim. We reverse.

Plaintiff alleges that, when she was a patient at OHSU in July, 1980, or February, 1981, a catheter was inserted into her blood vessel and heart. When defendant removed the catheter, a portion of it broke…

2Cases cited5 opinions

  1. Adams v. Oregon State PoliceOregon Supreme Court · 1980
  2. Davis v. Wasco Intermediate Education DistrictOregon Supreme Court · 1979
  3. Dowers Farms, Inc. v. Lake CountyOregon Supreme Court · 1980
  4. Lawson v. Coos County School District 13Court of Appeals of Oregon · 1988
  5. Swanson v. Coos CountyCourt of Appeals of Oregon · 1971

3Cited by14 opinions

  1. Baker v. City of LakesideOregon Supreme Court · 2007
  2. Billings v. GatesCourt of Appeals of Oregon · 1995
  3. Sherman v. Dept. of Human ServicesOregon Supreme Court · 2021
  4. Kambury v. DaimlerChrysler Corp.Court of Appeals of Oregon · 2001
  5. O'Brien v. StateOregon Supreme Court · 1992

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