Legal Opinion

Gaston v. Parsons

Oregon Supreme Court

Decided January 6, 1994No. CC A9011-07199; CA A71991; SC S40098PublishedCited by 160 opinions

1Opinion of the Court

*250UNIS, J.

The issue in this case is when the statute of limitations begins to run in a medical negligence action. Plaintiff filed this action in November 1990, seeking damages for harm suffered as a result of defendants’ alleged negligence in connection with a surgical procedure performed in March 1987. Plaintiffs action was based both on (1) defendants’ failure to obtain plaintiffs informed consent and (2) defendants’ negligent performance of the surgery.1 Defendants2 moved for summary judgment on the ground that plaintiff had failed to file the action within the two-year statute of…

2Cases cited27 opinions

  1. Portland General Electric Co. v. Bureau of Labor & IndustriesOregon Supreme Court · 1993
  2. Schloendorff v. Society of the New York HospitalNew York Court of Appeals · 1914
  3. Fazzolari v. Portland School District No. 1JOregon Supreme Court · 1987
  4. Bing v. ThunigNew York Court of Appeals · 1957
  5. Berry v. BrannerOregon Supreme Court · 1966

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3Cited by160 opinions

  1. Jones v. General Motors Corp.Oregon Supreme Court · 1997
  2. Stull v. HokeOregon Supreme Court · 1997
  3. Plumeau v. School District #40Court of Appeals for the Ninth Circuit · 1997
  4. State v. GuzekOregon Supreme Court · 1995
  5. Bibeau v. Pacific Northwest Research Foundation Inc.Court of Appeals for the Ninth Circuit · 1999

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