(1) As used in this section:
- (a) “Direct entry midwife” means a person practicing direct entry midwifery as defined in ORS 687.405.
- (b) “Hospital” has the meaning given that term in ORS 442.015.
(2) A person may not bring a cause of action against a physician licensed under ORS chapter 677 or against a hospital for injury to a patient if:
- (a) The injury occurred as a result of care provided by a direct entry midwife in a setting outside the hospital; and
- (b) The direct entry midwife requested that the patient be transported to the hospital because the direct entry midwife could not provide appropriate care to the patient.
- (3) This section does not apply to the extent the physician or hospital contributed to the injury or to a claim of vicarious liability for care provided by a direct entry midwife.
- (4) This section does not limit the liability of a physician or a hospital for gross negligence or reckless, wanton or intentional misconduct.
[2011 c.650 §3]