Duncan v. Augter

By virtue of a 1971 statute, an otherwise untimely damage action arising from medical treatment may be commenced within two years of the actual or reasonable discovery of a "fraud, deceit, or misleading representation” that caused the action not to be timely brought. ORS 12.110(4). The issue before us is whether a surgeon’s statement that he removed plaintiff’s appendix was a "misleading representation” permitting a delayed commencement of an action against the surgeon, if the statement led plaintiff’s physicians not to suspect the cause of her subsequent abdominal illness.

The defendant…