Liability of physician or hospital arising out of care provided by direct entry midwife
(1) As used in this section:
(a) “Direct entry midwife” means a person practicing direct entry midwifery as defined in ORS 687.405 (“Direct entry midwifery” defined).
(b) “Hospital” has the meaning given that term in ORS 442.015 (Definitions).
(2) A person may not bring a cause of action against a physician licensed under ORS chapter 677 or against a hospital for injury to a patient if:
(a) The injury occurred as a result of care provided by a direct entry midwife in a setting outside the hospital; and
(b) The direct entry midwife requested that the patient be transported to the hospital because the direct entry midwife could not provide appropriate care to the patient.
(3) This section does not apply to the extent the physician or hospital contributed to the injury or to a claim of vicarious liability for care provided by a direct entry midwife.
(4) This section does not limit the liability of a physician or a hospital for gross negligence or reckless, wanton or intentional misconduct. [2011 c.650 §3]
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