ORS 677.095
Duty of care

  • legal issues not precluded by investigation or administrative proceeding

(1)

A physician licensed to practice medicine or podiatry by the Oregon Medical Board has the duty to use that degree of care, skill and diligence that is used by ordinarily careful physicians in the same or similar circumstances in the community of the physician or a similar community.

(2)

A physician assistant licensed to practice medicine by the board has the duty to use that degree of care, skill and diligence that is used by ordinarily careful physician assistants in the same or similar circumstances in the community of the physician assistant or a similar community.

(3)

In any suit, action or arbitration seeking damages for professional liability from a health care provider, an issue may not be precluded on the basis of a default, stipulation, agreement or any other outcome at any stage of an investigation or an administrative proceeding, including but not limited to a final order. [1975 c.796 §10d; 1983 c.486 §7; 1995 c.684 §2; 1997 c.792 §19; 2013 c.129 §8; 2023 c.314 §2]

Source: Section 677.095 — Duty of care; legal issues not precluded by investigation or administrative proceeding, https://www.­oregonlegislature.­gov/bills_laws/ors/ors677.­html.

Notes of Decisions

This section is addressed to standards relating to medical malpractice, so it was improper to use it as standard to judge matters of physician license revocation. Spray v. Bd. of Medical Examiners, 50 Or App 311, 624 P2d 125 (1981), as modified by 51 Or App 773, 627 P2d 25 (1981)

“Error-of-judgment” instruction is unduly confusing and obscures fact that defendant’s liability for negligence turns on exercise of reasonable care and not on exercise of judgment. Rogers v. Meridian Park Hospital, 307 Or 612, 772 P2d 929 (1989)

Under Creasey v. Hogan, 292 Or 154, 637 P2d 114 (1981), key determination is that expert possess knowledge of what constitutes proper medical treatment in similar community. Mosley v. Owens, 108 Or App 685, 816 P2d 1198 (1991), Sup Ct review denied

Whether duty extends to third parties is not addressed by definition of nature of duty toward patients. Zavalas v. Dept. of Corrections, 124 Or App 166, 861 P2d 1026 (1993), Sup Ct review denied

Law Review Citations

70 OLR 629 (1991)

677.010
Definitions for chapter 677.015
Statement of purpose 677.060
Persons and practices not within scope of chapter 677.080
Prohibited acts 677.082
Expression of regret or apology 677.085
What constitutes practice of medicine 677.087
Physicians required to perform agreed upon surgery personally 677.089
Physicians dispensing prescription drugs to do so personally 677.092
Duty to report prohibited conduct 677.095
Duty of care 677.097
Procedure to obtain informed consent of patient 677.099
Notice of participation or nonparticipation in Medicare assignment program 677.100
Qualifications of applicant for license 677.110
Scope and administration of examination 677.120
Reciprocity 677.125
Reciprocal agreements 677.132
Limited license 677.133
Expedited license by endorsement 677.135
“Practice of medicine across state lines” defined for ORS 677.135 to 677.141 677.137
License required for practice of medicine across state lines 677.139
License to practice medicine across state lines 677.141
Responsibilities 677.172
Change of location of practice 677.175
Retirement 677.184
License to show degree held 677.188
Definitions for ORS 677.190 677.190
Grounds for suspending, revoking or refusing to grant license, registration or certification 677.200
Disciplinary procedure 677.202
When procedure inapplicable 677.205
Grounds for discipline 677.208
Hearing 677.220
Issuance or restoration of license after denial or revocation 677.225
Automatic suspension of license for mental illness or imprisonment 677.228
Automatic lapse of license for failure to pay registration fee or report change of location 677.235
Oregon Medical Board 677.240
Oaths, officers and meetings of board 677.250
Records to be kept 677.265
Powers of board generally 677.270
Proceedings upon refusal to testify or failure to obey rule, order or subpoena of board 677.275
Administrative law judges 677.280
Employment of personnel 677.290
Disposition of receipts 677.305
Petty cash fund 677.320
Investigation of complaints and suspected violations 677.325
Enjoining unlicensed practice of medicine 677.330
Duty of district attorney and Attorney General 677.335
Official actions of board and personnel 677.355
“Artificial insemination” defined 677.360
Who may select donors and perform procedure 677.365
Consent required 677.370
Eligibility to be donor 677.410
Voluntary limitation of license 677.415
Investigation of incompetence 677.417
Medical incompetence, unprofessional conduct, physical incapacity, impairment 677.420
Competency examination 677.425
Confidential information 677.450
Release of certain information to health care facilities 677.470
Definitions for ORS 677.470 to 677.480 677.474
Administration of controlled substances for pain allowed 677.480
Discipline 677.487
Continuing medical education related to Alzheimer’s disease 677.490
Fees when patient served by or referred to diabetes self-management program 677.491
Reporting toy-related injury or death 677.492
Liability of physician for acts of certain other health care providers 677.494
Telemedicine 677.495
Definitions for ORS 677.495 to 677.535 677.500
Policy 677.505
Application of provisions governing physician assistants to other health professions 677.510
Physician assistant 677.511
Physician assistant authority to prescribe and dispense prescription drugs 677.512
Licensure 677.515
Practice of medicine by physician assistant 677.518
Authority to sign reports of death 677.520
Performance of medical services by unlicensed physician assistant prohibited 677.525
Fees 677.535
Limited license 677.757
Definitions for ORS 677.757 to 677.770 677.759
License required 677.761
Persons and practices not within scope of ORS 677.757 to 677.770 677.765
Unauthorized practice by acupuncturist 677.770
Fees 677.780
Acupuncture Advisory Committee 677.785
Duties of committee 677.805
“Ankle” defined for ORS 677.805 to 677.840 677.810
License required to practice podiatry 677.812
Surgery on ankle 677.814
Assisting in surgery 677.815
Application of ORS 677.805 to 677.840 677.820
Qualifications of applicants 677.825
Examination of applicants 677.830
Reciprocal licensing 677.837
Continuing podiatric education required 677.840
Fees 677.990
Penalties
Green check means up to date. Up to date

Current through early 2026

§ 677.095’s source at oregon​.gov