Asher v. Hald

In this medical malpractice case, plaintiff appeals from a summary judgment entered in favor of defendant doctor. The trial court concluded that the action was time-barred under ORS 12.110(4) as a matter of law. Plaintiff argues that the trial court erred because there is a genuine issue of material fact. ORCP 47C. We reverse.

Plaintiff testified in a deposition that defendant surgically removed a lymph node from his neck on October 22, 1981. During the incision, plaintiff felt a sharp pain that went to his shoulder. Plaintiff returned to the doctor two or three times in the next two weeks,…