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Greene v. Legacy Emanuel Hospital and Health Care Center12/27/2002
tiff knew regarding her injury did not induce mere suspicions that might have given rise to a duty to make an inquiry to confirm whether tortious conduct had occurred. The facts that plaintiff knew regarding her injury satisfied the standard in ORS 12.110(4) for discovery, actual or imputed, of tortious conduct. The following statement by this court in Schiele v. Hobart Corporation, 284 Or 483, 490, 587 P2d 1010 (1978), is pertinent here:
" e reject plaintiff's contention that nothing short of a positive diagnosis by a physician will [commence the period of limitations]. A plaintiff whose condition has not yet been diagnosed by a physician can have or, in the exercise of reasonable care, could have access to information which requires or would require a reasonable person to conclude she is being seriously or permanently injured."
From the foregoing, we conclude that, on the present record, plaintiff discovered or reasonably should have discovered that she had suffered an "injury," that is, legally cognizable harm resulting from Nesler's actions, when she learned of the injury in the hospital and certainly no later than her lawyer's receipt of her medical records on November 10, 1995. Plaintiff did not file her action until more than two years had elapsed from that date. Because no genuine issue of material fact exists regarding those events, the trial court did not err in granting summary judgment for Nesler.
The decision of the Court of Appeals and the judgment of the circuit court are affirmed.
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