(b) If a health care facility files a notice of adverse health care incident under this subsection, the health care facility shall provide a copy of the notice to the patient.
(c) A notice filed under this subsection may not include the name of a health care provider, but the health care facility filing the notice shall notify any health care providers involved in the adverse health care incident of the notice.
(2)(a) When an adverse health care incident occurs outside of a health care facility or a location operated by a health care facility, the health care provider treating the patient or the employer of the health care provider may file a notice of adverse health care incident with the commission in the form and manner provided by the commission by rule.
(b) If a health care provider or employer files a notice of adverse health care incident under this subsection, the health care provider or employer shall provide a copy of the notice to the patient.
(c) If an employer files the notice under this subsection, the notice may not include the name of the health care provider, but the employer shall notify each health care provider involved in the adverse health care incident of the notice.
(3) A patient may file a notice of adverse health care incident with the commission in the form and manner provided by the commission by rule. When the commission receives a notice of adverse health care incident from a patient under this subsection, the commission shall notify all health care facilities and health care providers named in the notice within seven days after receiving the notice.
(4) A notice of adverse health care incident filed under this section is not:
(a) A written claim or demand for payment.
(b) A claim for purposes of ORS 742.400.
(5) The filing of a notice of adverse health care incident as provided in this section satisfies the notice requirements of ORS 30.275.
(6) An adult in custody as defined in ORS 30.642 may not file a notice of adverse health care incident under this section. [2013 c.5 §2; 2019 c.213 §116]
Structure 2021 Oregon Revised Statutes
Volume : 01 - Courts, Oregon Rules of Civil Procedure
Section 31.150 - Special motion to strike; when available; burden of proof.
Section 31.152 - Time for filing special motion to strike; discovery; attorney fees.
Section 31.155 - Exempt actions; substantive law not affected.
Section 31.200 - Liability of radio or television station personnel for defamation.
Section 31.210 - When general damages allowed.
Section 31.215 - Publication of correction or retraction upon demand.
Section 31.230 - Wrongful use of civil proceeding; pleading; procedure.
Section 31.260 - Definitions for ORS 31.260 to 31.278.
Section 31.262 - Notice of adverse health care incident.
Section 31.266 - Discussion communications; admissibility; disclosure.
Section 31.270 - Payment and resolution.
Section 31.272 - Statute of limitations; evidence of offers and payments.
Section 31.274 - Patient representatives.
Section 31.276 - Duties of Oregon Patient Safety Commission; rules.
Section 31.278 - Use of information relating to notice of adverse health care incident.
Section 31.280 - Task Force on Resolution of Adverse Health Care Incidents; rules.
Section 31.300 - Pleading requirements for actions against design professionals.
Section 31.350 - Pleading requirements for actions against real estate licensees.
Section 31.555 - Effect of advance payment; payment as satisfaction of judgment.
Section 31.580 - Effect of collateral benefits.
Section 31.605 - Special questions to trier of fact; jury not to be informed of settlement.
Section 31.620 - Doctrines of last clear chance and implied assumption of risk abolished.
Section 31.710 - Limitation on award for noneconomic damages in claim for wrongful death.
Section 31.740 - When award of punitive damages against health practitioner prohibited.
Section 31.760 - Evidence of nonuse of safety belt or harness to mitigate damages.
Section 31.805 - Basis for proportional shares of tortfeasors.