Smith v. Providence Health & Services - Oregon

This case was filed after plaintiff suffered a stroke and permanent brain damage. He sought relief from defendants, Providence Hood River Memorial Hospital, Linda Desitter, M.D., Michael Harris, M.D., and Hood River Emergency Physicians, alleging medical negligence based upon a “loss of chance” theory of recovery. Defendants moved to dismiss on the ground that plaintiff had failed to state a claim, because “loss of chance” is not a cognizable claim in Oregon. ORCP 21 A(8). The trial court granted the motion. Plaintiff appeals and seeks reversal of the judgment dismissing his complaint. “In…