Mindt v. Winchester, 151 Or App 340 (1997).
A physician’s sexual relationship with his patient’s wife does not constitute medical malpractice when the sexual relationship "was not undertaken as part of [the patient’s] medical treatment." The plaintiff patient had seen the defendant physician for treatment for infertility. Coincidentally, the defendant physician was involved in a sexual relationship with the patient’s wife. Because the sexual relationship had nothing to do with the patient’s medical treatment, the Court of Appeals concluded that as a matter of law the physician’s sexual relationship with the patient’s wife was not the practice of medicine.
Doe v. American Red Cross, 128 Or App 38 (1994), aff’d, 322 Or 502 (1996).
Providing a prepared product, such as blood, for use in a medical procedure does not constitute medical malpractice because the provider is not involved in care and treatment of a patient.
DENTAL
MALPRACTICE
BATTERY