Caughell v. Group Health Cooperative of Puget Sound

More than 50 years ago, the Oregon Supreme Court concluded that continuing negligent medical treatment "constituted but a single cause of action. Where the tort is continuing, the right of action is continuing.” Hotelling v. Walther, 169 Or. 559, 565, 130 P.2d 944 (1942). We reach the same conclusion today. Plaintiff Claudette Caughell alleges that her doctor committed medical malpractice by negligently prescribing Etrafon, an antidepressant and antipsychotic medication, and Valium to her over a period of 20 years. On summary judgment, the trial court limited Mrs. Caughell’s claim solely to…