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SIMPKINS v. CONNOR

CCV0007367; A124538.

150 P.3d 417 (2006)

Kathi SIMPKINS, personal representative of the estate of Johnny Simpkins, deceased, and Kathi Simpkins, personally, Appellant, v. Terry Lee CONNOR, D.O.; Osteopathic Clinic, P.C., an Oregon professional corporation, dba Gladstone Family Practice Clinic; Joyce S. Endo-Kendall, M.D.; and West Linn Family Health Center, P.C., an Oregon professional corporation, Defendants, and Willamette Falls Hospital, an Oregon corporation, Respondent.

Court of Appeals of Oregon.

Decided December 27, 2006.

Attorney(s) appearing for the Case

Robert K. Udziela, Portland, argued the cause and filed the briefs for appellant.

Cecil Reniche-Smith, Portland, argued the cause for respondent. With her on the brief was Hoffman, Hart & Wagner, LLP.

Before LANDAU, Presiding Judge, and SCHUMAN and ORTEGA, Judges.

ORTEGA, J.

Plaintiff appeals a judgment in favor of defendant Willamette Falls Hospital on her negligence claim. Plaintiff's claim arises from defendant's failure to produce some of the medical records of her late husband, Simpkins, until about two years after plaintiff first requested them. Plaintiff contends that, because of defendant's negligence in producing the records, she lost the ability to bring a medical malpractice or wrongful death claim against defendant...

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