ORS 31.700 - Right to include medical expenses paid by parent or conservator in action to recover for damages to child

ORS 31.700
Right to include medical expenses paid by parent or conservator in action to recover for damages to child

effect of consent to inclusion

(1)

When the guardian ad litem or conservator of the estate of a child maintains a cause of action for recovery of damages to the child caused by a wrongful act, the parent, parents, or conservator of the estate of the child may file a consent accompanying the complaint of the guardian ad litem or conservator to include in the cause of action the damages as, in all the circumstances of the case, may be just, and will reasonably and fairly compensate for the doctor, hospital and medical expenses caused by the injury.

(2)(a) If the consent is filed as provided in subsection (1) of this section and the court allows the filing by a guardian ad litem, no court shall entertain a cause of action by the parent, parents or conservator for doctor, hospital or medical expenses caused by the injury.

(b)

If the consent is filed as provided in subsection (1) of this section and the filing is by a conservator, no court shall entertain a cause of action by the parent or parents for doctor, hospital or medical expenses caused by the injury. [Formerly 30.810; 2015 c.213 §1]

Notes of Decisions

Consent to inclusion of parent’s claim for medical expense damages must be expressly given, not implied. Barrington v. Sandberg, 164 Or App 292, 991 P2d 1071 (1999)

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Tort Actions

ORS 31.700
Right to include medical expenses paid by parent or conservator in action to recover for damages to child

effect of consent to inclusion

(1)

(b)

Notes of Decisions

Source

Tort Actions

ORS 31.700 Right to include medical expenses paid by parent or conservator in action to recover for damages to child effect of consent to inclusion

(1)

(b)

Notes of Decisions

Source

ORS 31.700
Right to include medical expenses paid by parent or conservator in action to recover for damages to child

effect of consent to inclusion