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Macy v. Blatchford8/3/2000
En Banc
On review from the Court of Appeals.* *Appeal from Multnomah County Circuit Court, Argued and submitted September 10, 1999.
The decision of the Court of Appeals is affirmed in part and reversed in part. The judgment of the circuit court is reversed, and the case is remanded to the circuit court for further proceedings.
Harl H. Haas, Judge.
154 Or App 313, 961 P2d 873 (1998).
In this medical malpractice action, plaintiffs Danita and Lawrence Macy challenge a trial court ruling that prevented them from introducing evidence at trial that Dr. Blatchford (defendant) had a sexual relationship with Danita Macy at the time when the Macys assert that he negligently treated her for persistent and debilitating pelvic pain. The Court of Appeals affirmed that ruling, specifically holding that the trial court did not err in granting defendant's motion in limine to exclude any evidence that he and Macy had a relationship of that kind. Macy v. Blatchford, 154 Or App 313, 329, 961 P2d 873 (1998). The Macys sought review by this court, and we allowed their petition to consider whether and how evidence of a sexual relationship might be relevant to a claim that a physician's treatment of a patient was negligent. We conclude that such evidence is relevant to one of the Macys' allegations, viz., that defendant was negligent in failing to obtain Macy's informed consent to recommended surgery. We therefore reverse the decision of the Court of Appeals on that ground.
In January 1992, Macy consulted with defendant, a gynecologist, about severe and persistent pelvic pain. Macy had complained to defendant about pelvic pain previously, in 1982 and in 1985. Dr. Alberts examined Macy and performed a laparoscopy in February 1992, in the course of which he removed an endometrioma (an abnormal growth of uterine tissue outside the uterus) from Macy's left ovary. After reviewing Dr. Alberts' report and a videotape made during the laparoscopic surgery, defendant diagnosed endometriosis, a condition marked by growth of uterine tissue outside the uterus.
In May 1992, Macy again complained to defendant about pelvic pain. Defendant recommended additional laparoscopic surgery, including removal of Macy's left ovary and fallopian tube. On June 3, 1992, defendant performed that surgery. Afterwards, Macy continued to suffer pelvic pain. Defendant then discussed with Macy the possibility of removing her right ovary and fallopian tube, along with her uterus. Macy agreed to the additional surgery, which defendant performed on August 20, 1992. Macy's pelvic pain did not subside after the second surgery. In fact, she began to suffer from new pain in her left side and back. Ultimately, Macy consulted a different physician, Dr. Ellis, about the latter pain. Ellis determined that Macy's left ureter -- the tube connecting the kidney to the bladder -- was obstructed, and performed surgery to correct the problem. Ellis believed that defendant inadvertently had stapled Macy's ureter during the June 1992 surgery, thereby causing the obstruction and related pain.
In 1994, the Macys filed the present malpractice action against defendant. In their complaint, they alleged four specifications of negligence -- that defendant had been negligent in: (1) stapling Macy's ureter during the June 1992 surgery; (2) failing to ascertain that Macy's continuing pain after the June 1992 surgery arose from the obstructed ureter; (3) recommending the August 1992 surgery; and (4) failing to obtain Macy's informed consent for the August 1992 surgery. Defendant's answer denied all four specifications of negligence.
Shortly before trial, the Macys moved to amend thei
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