Giese v. Bay Area Health District

Plaintiff appeals from a judgment dismissing his claim for medical malpractice against defendant doctor (defendant). He argues that the trial court erred in holding that defendant was entitled to invoke the provisions of the Oregon Tort Claims Act (OTCA). ORS 30.260 to ORS 30.300. We reverse and remand for further proceedings.

After suffering an injury to his groin plaintiff went to the emergency room of defendant hospital, a public institution, and was treated by defendant. Three and one-half years later, he filed this action against defendant and the hospital, alleging that defendant…