Mead v. Legacy Health System

An emergency room doctor telephoned defendant (an on-call neurosurgeon) to ask his advice about plaintiff, who had come into the emergency room for treatment. When plaintiff later sued defendant for malpractice, the jury returned a verdict in defendant’s favor; the jury found that defendant was not acting as plaintiff’s doctor and, as a result, owed her no duty. The Court of Appeals reversed, holding that the trial court should have directed a verdict in plaintiff’s favor on that issue. Mead v. Legacy Health System, 231 Or App 451, 464, 220 P3d 118 (2009). We allowed defendant’s petition for…