Actions and Suits in Particular Cases

ORS 30.805
Liability for emergency medical assistance by government personnel


No person may maintain an action for damages for injury, death or loss that results from acts or omissions in rendering emergency medical assistance unless it is alleged and proved by the complaining party that the acts or omissions violate the standards of reasonable care under the circumstances in which the emergency medical assistance was rendered, if the action is against:


The staff person of a governmental agency or other entity if the staff person and the agency or entity are authorized within the scope of their official duties or licenses to provide emergency medical care; or


A governmental agency or other entity that employs, trains, supervises or sponsors the staff person.


As used in this section, “emergency medical care” means medical care to an injured or ill person who is in need of immediate medical care:


Under emergency circumstances that suggest that the giving of assistance is the only alternative to serious physical aftereffects or death;


In a place where emergency medical care is not regularly available;


In the absence of a personal refusal of such medical care by the injured or ill person or the responsible relative of such person; and


Which may include medical care provided through means of radio or telecommunication by a medically trained person, who practices in a hospital as defined in ORS 442.015 (Definitions) and licensed under ORS 441.015 (Licensing of facilities and health maintenance organizations) to 441.087 (General inspection of long term care facility), and who is not at the location of the injured or ill person. [1979 c.782 §8; 1981 c.693 §27; 1985 c.747 §48]


Last accessed
Jun. 26, 2021