- Court: Oregon Court of Appeals
- Area(s) of Law: Civil Law
- Date Filed: 04-08-2015
- Case #: A155336
- Judge(s)/Court Below: Devore, J. for the court, Ortega, P.J.; & Garrett, J.
- Full Text Opinion
Smith appealed the lower court's granting of a motion to dismiss for failure to state a claim. On April 8th Smith went to Providence Hood River Memorial Hospital (Providence) within two hours of the onset of early
symptoms he believe to indicate a stroke. A CT scan proved negative and the attending physician sent him home indicating the cause was a sleep aid. Smith went to Providence the following day with increase head pain and visual problems. The same physician diagnosed him with a headache. On April 11th Smith saw a different physician for a follow-up appointment and was given an MRI which revealed substantial brain damage from a stroke. Smith has suffered permanent damage as a result of the stroke. Smith's case was dismissed from the lower court for failure to state a claim because the state of Oregon only recognizes a "loss of chance" case in instances of wrongful death. He appeals on the grounds that loss of chance is a cognizable theory of recovery in Oregon under common law. Plaintiff's complaint does not sufficiently allege that there is a reasonable probability that defendants' alleged negligent omissions resulted in his injury. Affirmed.