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Smith v. Providence Health & Services

Oregon Supreme Court
393 P.3d 1106, 361 Or. 456 (2017)

Written by Rose VanHofwegen, JD

Facts

Joseph Smith (plaintiff) suffered permanent brain damage from a stroke. He sued for medical malpractice, claiming he lost a one-third chance of recovering with no or reduced complications because Providence Health & Services (defendant) failed to properly follow up on his complaints of stroke symptoms. The trial court dismissed because Oregon did not recognize loss-of-chance theories of injury in common-law negligence actions, and the appellate court affirmed. Smith appealed to the Oregon Supreme Court.

Rule of Law

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Issue

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Holding and Reasoning (Nakamoto, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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