Oregon Statutes 677.492 – Liability of physician for acts of certain other health care providers
(1) If a physician is required to be responsible for the care of a patient of another health care provider with admitting privileges to a health care facility as a condition to the patient’s admission to and continued care in a health care facility, the physician is not liable for the acts or omissions of the other health care provider that result in injury, death or damage to the patient unless:
Terms Used In Oregon Statutes 677.492
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Fellow: means an individual who has not qualified under ORS § 677. See Oregon Statutes 677.010
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- 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
(a) At the time the injury, death or damage occurs, the physician is physically present and directly supervising the other health care provider;
(b) At the time the injury, death or damage occurs, the physician is not physically present, but the physician is directly supervising and instructing the other health care provider; or
(c) The injury, death or damage to the patient results from a direct violation of a written hospital patient care protocol by the other health care provider, the physician knew or in the exercise of reasonable care should have known of the violation in time to take action to prevent the injury, death or damage, and the physician failed to take action to prevent the injury, death or damage.
(2) The immunity provided by this section applies only to a person who holds a degree of Doctor of Medicine or Doctor of Osteopathic Medicine who is licensed to practice medicine under the provisions of ORS § 677.100 to 677.228.
(3) The immunity provided by this section does not apply if the other health care provider is an employee, a partner or a fellow shareholder of the physician in a corporation established for the provision of health care services. [1995 c.695 § 1; 2017 c.409 § 25]
677.492 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS Chapter 677 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.