Oregon Supreme Court July 26, 2012, CC 0402-01947; CA A130969; SC S058268 (Mead v. Legacy Health System)

lead-opinion

KISTLER, J.

An emergency room doctor telephoned defendant (an on-call neurosurgeon) to ask his advice about plaintiff, who had come into the emergency room for treatment. When plaintiff later sued defendant for malpractice, the jury returned a verdict in defendant’s favor; the jury found that defendant was not acting as plaintiff’s doctor and, as a result, owed her no duty.