GASTON v. PARSONS

CC A9011-07199; CA A71991; SC S40098.

864 P.2d 1319 (1994)

318 Or. 247

Timothy M. GASTON, Respondent on Review, v. William R. PARSONS, M.D., William E. Coit, M.D., Petitioners on Review, and Good Samaritan Hospital and Medical Center, an Oregon corporation, Defendant.

Supreme Court of Oregon.

Decided January 6, 1994.


Attorney(s) appearing for the Case

Janet M. Schroer, of Hoffman, Hart & Wagner, Portland, argued the cause on behalf of petitioners on review. With her on the petition for review was David C. Landis, of Wood, Tatum, Wonacott & Landis, Portland.

J. Michael Alexander, of Burt, Swanson, Lathen, Alexander & McCann, Salem, argued the cause and filed a response to the petition for review on behalf of respondent on review.

David F. Sugerman, of Paul & Sugerman, Portland, filed a brief on behalf of amicus curiae Oregon Trial Lawyers Ass'n.

William L. Hallmark, of Hallmark, Keating & Abbott, P.C., Portland, filed a brief on behalf of amicus curiae Oregon Medical Ass'n.

Before CARSON, C.J., and GILLETTE, VAN HOOMISSEN, FADELEY, UNIS, and GRABER, JJ., and PETERSON, Senior Judge, Justice pro tempore.


UNIS, Justice.

The issue in this case is when the statute of limitations begins to run in a medical negligence action. Plaintiff filed this action in November 1990, seeking damages for harm suffered as a result of defendants' alleged negligence in connection with a surgical procedure performed in March 1987. Plaintiff's action was based both on (1) defendants' failure to obtain plaintiff's informed consent and (2) defendants' negligent performance of the surgery....

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