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Macy v. Blatchford8/3/2000
and Macy would undermine Macy's ability to listen objectively to and utilize information provided by the physician, in making an independent and informed decision about her health care.
For the foregoing reasons, we conclude that evidence of a sexual relationship between a physician and patient may be relevant to show that the physician failed to obtain the patient's informed consent for treatment, and that the evidence that the Macys offered here was relevant in that respect. The trial court therefore erred when it concluded that any evidence respecting a sexual relationship between defendant and Macy was irrelevant to the Macys' fourth specification of negligence.
Defendant contends that, even if the evidence at issue was relevant to the Macys' fourth specification of negligence, it was so unfairly prejudicial that the trial court cannot be faulted for excluding it. See OEC 403 (relevant evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice). In that regard, defendant argues that admitting the evidence would have complicated the case unduly by inviting the jury to decide the case on a highly inflammatory and non-medical ground. Defendant suggests, moreover, that the trial court in this case in fact did rule that the evidence was inadmissible under OEC 403 and that such a determination should not be reversed unless it amounts to an abuse of discretion.
Turning to the latter argument first, we do not agree with defendant's characterization of the trial court's rulings. Although the trial court expressly labeled the evidence as "highly inflammatory" and "prejudicial," it never decided that the evidence was unfairly prejudicial or that it ought to be excluded under OEC 403.
On the merits, defendant's argument respecting OEC 403 is not well taken. The evidence in question is central to the Macys' theory under their fourth specification of negligence. Its admission may be harmful, even devastating, to defendant's position, but relevant evidence often has that effect. On remand, the Macys are entitled to have the evidence considered by the trier of fact.
We hold that the trial court erred in granting defendant's motion to exclude for all purposes any evidence suggesting the existence of a sexual relationship between defendant and Macy. Although such evidence is not relevant to the Macys' other specifications of negligence, it is relevant to the fourth specification pertaining to informed consent and, particularly, to the question whether, under the circumstances, Macy was in a condition to understand and to utilize medical information that the informed consent statute, ORS 677.097, presumes. The Macys are entitled to a new trial under their fourth specification of negligence.
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.
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