2015 ORS 677.095¹
Duty of care
  • legal issues not precluded by investigation or administrative proceeding

(1) A physician licensed to practice medicine or podiatry by the Oregon Medical Board has the duty to use that degree of care, skill and diligence that is used by ordinarily careful physicians in the same or similar circumstances in the community of the physician or a similar community.

(2) In any suit, action or arbitration seeking damages for professional liability from a health care provider, no issue shall be precluded on the basis of a default, stipulation, agreement or any other outcome at any stage of an investigation or an administrative proceeding, including but not limited to a final order. [1975 c.796 §10d; 1983 c.486 §7; 1995 c.684 §2; 1997 c.792 §19; 2013 c.129 §8]

Note: 677.095 (Duty of care) and 677.097 (Procedure to obtain informed consent of patient) were added to and made a part of ORS chapter 677 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Notes of Decisions

This sec­tion is addressed to standards relating to medical malpractice, so it was improper to use it as standard to judge matters of physician license revoca­tion. Spray v. Bd. of Medical Examiners, 50 Or App 311, 624 P2d 125 (1981), as modified by 51 Or App 773, 627 P2d 25 (1981)

"Error-of-judg­ment" instruc­tion is unduly confusing and obscures fact that defendant's liability for negligence turns on exercise of reasonable care and not on exercise of judg­ment. Rogers v. Meridian Park Hospital, 307 Or 612, 772 P2d 929 (1989)

Under Creasey v. Hogan, 292 Or 154, 637 P2d 114 (1981), key determina­tion is that expert possess knowledge of what constitutes proper medical treat­ment in similar community. Mosley v. Owens, 108 Or App 685, 816 P2d 1198 (1991), Sup Ct review denied

Whether duty extends to third parties is not addressed by defini­tion of nature of duty toward patients. Zavalas v. Dept. of Correc­tions, 124 Or App 166, 861 P2d 1026 (1993), Sup Ct review denied

Law Review Cita­tions

70 OLR 629 (1991)

Chapter 677

Atty. Gen. Opinions

Extent of grandfather right under 1969 Act amending barbers law, (1972) Vol 36, p 23; licensing require­ments for hospital technicians employed by state correc­tional facilities, (1987) Vol 45, p 188


1 Legislative Counsel Committee, CHAPTER 677—Regulation of Medicine, Podiatry and Acupuncture, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors677.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 677, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano677.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.