Regulation of Medicine, Podiatry and Acupuncture

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)

In any suit, action or arbitration seeking damages for professional liability from a health care provider, no issue shall 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]

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)

Chapter 677

Atty. Gen. Opinions

Extent of grandfather right under 1969 Act amending barbers law, (1972) Vol 36, p 23; licensing requirements for hospital technicians employed by state correctional facilities, (1987) Vol 45, p 188


Source

Last accessed
Jun. 26, 2021