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RAETHKE v. OREGON HEALTH SCIENCES UNIV.

8906-03222; CA A65364.

837 P.2d 977 (1992)

115 Or. App. 195

Jody I. RAETHKE, an individual, Appellant, v. OREGON HEALTH SCIENCES UNIVERSITY, an agency of the State of Oregon, Respondent.

Court of Appeals of Oregon, In Banc.

Resubmitted July 1, 1992.

Decided September 16, 1992.

Reconsideration Denied December 9, 1992.

Attorney(s) appearing for the Case

Gordon T. Carey, Jr., Portland, argued the cause and filed the briefs for appellant.

John T. Bagg, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen. and Virginia L. Linder, Sol. Gen., Salem.

Resubmitted in banc July 1, 1992.

BUTTLER, Judge.

Plaintiff appeals a summary judgment for defendant, a public body, in this action for medical malpractice. The sole issue is whether she gave timely notice of claim under ORS 30.275.1

In January, 1985, several weeks after plaintiff had given birth, she was a patient at defendant Oregon Health Sciences University. A doctor at the University performed an emergency dilation...

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