Medical Group Faces Second Trial on Liability for Later Injury

An Oregon man is getting a second chance to prove a health-care provider should be held liable for post-discharge conduct that caused his father’s death.

Dennis Sloan was entitled to a new trial in his suit alleging it was foreseeable Apogee Medical Group PC doctors’ negligent failure to diagnose his father’s broken ribs would lead a skilled nursing facility to engage in conduct that aggravated the injuries, the Oregon Supreme Court said April 4.

The trial court should have given the jury a “subsequent conduct” instruction, explaining that, if Apogee was negligent, it could he held liable for third-party actions ...