- Court: Oregon Court of Appeals
- Area(s) of Law: Civil Procedure
- Date Filed: 06-21-2017
- Case #: A158052
- Judge(s)/Court Below: Lagesen, P.J. for the Court; Garrett, J.; & Schuman, S.J.
- Full Text Opinion
Plaintiff appealed the dismissal of her medical malpractice claim for failing to provide adequate notice in a timely manner. On appeal, Plaintiff argued that Defendant’s act of paying for additional medical procedures required by complications of a previous surgery constituted ‘payment’ and stopped the statute of limitations under ORS 30.275(3)(d). In response, Defendant argued that the discounted medical treatment did not constitute a 'payment’, since Plaintiff never communicated her intent to file a claim at the time that of the service. Payment by a public body for any part of a claim can constitute notice. ORS 30.275(3)(d). A “person who makes an advance payment … with written notice of the date of expiration of the period of limitation for the commencement of an action … does not suspend the running of such period of limitation." ORS 12.155(1). The Court of Appeals held Defendant’s remedial procedures constituted an advanced payment and the statute of limitations was tolled because it never provided Plaintiff an expiration date for her claim. Therefore, the lower court erred in dismissing Plaintiff’s claim. Reversed and remanded.