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Torts Keyed to Prosser
Smith v. Providence Health & Services
Citation:
361 Or. 456, 393 P.3d 1106Facts
Joseph Smith suffered permanent brain damage resulting from a stroke. He alleged that the doctors at Providence Health & Services failed to follow up on his complaints of stroke symptoms. Smith also alleged that doctors’ negligence caused him to lose a chance for treatment that would have given him a 33-percent chance of recovering from the stroke with no or reduced complications. Smith sued for medical negligence. The trial court dismissed with prejudice plaintiff’s complaint for failure to state a claim. The court of appeals affirmed. Defendant appealed to the Supreme Court of Oregon, arguing that loss of chance is a legitimate cause of action.
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