Legal Opinion

Humphrey v. Oregon Health & Sciences University

Court of Appeals of Oregon

Decided June 21, 2017No. 130710001; A158052PublishedCited by 1 opinion

1Opinion of the CourtGarrett, J.

Plaintiff appeals the trial court’s judgment dismissing her medical malpractice claim, under ORCP 21 A, as untimely and for failure to comply with the notice requirements of the Oregon Tort Claims Act (OTCA). Plaintiff argues that she sufficiently pleaded that defendants made a payment to her, in the form of free or discounted medical care, which both suspended the running of the statute of limitations and evidenced the required OTCA notice under ORS 30.275(SXd).1 She also argues that complaints that she made to defendants satisfied the “actual notice” requirement under ORS 30.275(3)(b). As…

2Cases cited5 opinions

  1. Kilminster v. Day Management Corp.Oregon Supreme Court · 1996
  2. Baker v. City of LakesideOregon Supreme Court · 2007
  3. Flug v. University of OregonOregon Supreme Court · 2003
  4. Anais v. DiasCourt of Appeals of Oregon · 1984
  5. Hughes v. City of PortlandCourt of Appeals of Oregon · 2013

3Cited by1 opinion

  1. Tuttle v. Ontario Police DepartmentDistrict Court, D. Oregon · 2023

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