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BROWN v. COMERFORD

87-CV-0124-JC; CA A49154.

781 P.2d 857 (1989)

99 Or.App. 60

Lila BROWN and Elmer H. Brown, Her Husband, Appellants, v. Thomas COMERFORD, M.D., Respondent.

Court of Appeals of Oregon.

Decided October 25, 1989.

Attorney(s) appearing for the Case

Roy Kilpatrick, Mt. Vernon, argued the cause for appellants. With him on the briefs were Mike Kilpatrick, Mt. Vernon, and James A. Johnson, and Johnson, Weis, Paulson & Priebe, P.C., Rhinelander, Wis.

Alan R. Beck, Portland, argued the cause for respondent. With him on the brief was Cooney, Moscato & Crew, P.C., Portland.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

RICHARDSON, Presiding Judge.

Plaintiff Lila Brown was treated for cancer by the defendant physician, a radiation oncologist. Because the equipment used in the therapy was incorrectly calibrated, he administered 14 percent more radiation to her than the amount prescribed, and plaintiffs brought this action for her resulting injuries. The equipment was calibrated by medical physicists, who were hired by the hospital at which defendant is based. Defendant was not involved...

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