Oregon Statutes 677.095 – 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.
Terms Used In Oregon Statutes 677.095
- Board: means the Oregon Medical Board. See Oregon Statutes 677.010
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Physician: means a person who holds a degree of Doctor of Medicine or Doctor of Osteopathic Medicine, or a person who holds a degree of Doctor of Podiatric Medicine if the context in which the term 'physician' is used does not authorize or require the person to practice outside the scope of a license issued under ORS § 677. See Oregon Statutes 677.010
(2) A physician assistant licensed to practice medicine by the board has the duty to use that degree of care, skill and diligence that is used by ordinarily careful physician assistants in the same or similar circumstances in the community of the physician assistant or a similar community.
(3) In any suit, action or arbitration seeking damages for professional liability from a health care provider, an issue may not 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; 2023 c.314 § 2]