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ORS 677.097

Applied in 20 court decisions — leading case Gaston v. Parsons (1994)

Most recently applied in Smith v. Providence Health & Services - Oregon (May 2017)

1977 c.657 §1; 1983 c.486 §8; 2011 c.550 §8; 2013 c.129 §9; 2024 c.73 §124

How often courts cite this section

1985199020002010201740
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) In order to obtain the informed consent of a patient, a physician or physician associate shall explain the following:

(a) In general terms the procedure or treatment to be undertaken;

(b) That there may be alternative procedures or methods of treatment, if any; and

(c) That there are risks, if any, to the procedure or treatment.

(2) After giving the explanation specified in subsection (1) of this section, the physician or physician associate shall ask the patient if the patient wants a more detailed explanation. If the patient requests further explanation, the physician or physician associate shall disclose in substantial detail the procedure, the viable alternatives and the material risks unless to do so would be materially detrimental to the patient. In determining that further explanation would be materially detrimental the physician or physician associate shall give due consideration to the standards of practice of reasonable medical or podiatric practitioners in the same or a similar community under the same or similar circumstances.

Official source: Oregon State Legislature. Reproduced from public-domain Oregon statutes; confirm against the official source for the current text. Not legal advice.