reglab/housing_qa huggingface dataset:
OR Rev Stat § 31.260 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 031 - Tort Actions|Section 31.260 - Definitions for ORS 31.260 to 31.278.

As used in ORS 31.260 to 31.278: (1) "Adverse health care incident" means an objective, definable and unanticipated consequence of patient care that is usually preventable and results in the death of or serious physical injury to the patient. (2) "Health care facility" has the meaning given that term in ORS 442.015. (3) "Health care provider" means a person practicing within the scope of the person’s license, registration or certification to practice as: (a) A psychologist under ORS 675.030 to 675.070, 675.085 and 675.090; (b) An occupational therapist under ORS 675.230 to 675.300; (c) A physician under ORS 677.100 to 677.228; (d) An emergency medical services provider under ORS chapter 682; (e) A podiatric physician and surgeon under ORS 677.820 to 677.840; (f) A registered nurse under ORS 678.010 to 678.410; (g) A dentist under ORS chapter 679; (h) A dental hygienist under ORS 680.040 to 680.100; (i) A denturist under ORS 680.515 to 680.535; (j) An audiologist or speech-language pathologist under ORS 681.250 to 681.350; (k) An optometrist under ORS 683.040 to 683.155 and 683.170 to 683.220; (L) A chiropractor under ORS 684.040 to 684.105; (m) A naturopath under ORS 685.060 to 685.110, 685.125 and 685.135; (n) A massage therapist under ORS 687.011 to 687.250; (o) A direct entry midwife under ORS 687.405 to 687.495; (p) A physical therapist under ORS 688.040 to 688.145; (q) A medical imaging licensee under ORS 688.445 to 688.525; (r) A pharmacist under ORS 689.151 and 689.225 to 689.285; (s) A physician assistant under ORS 677.505 to 677.525; or (t) A professional counselor or marriage and family therapist under ORS 675.715 to 675.835. (4) "Patient" means the patient or, if the patient is a minor, is deceased or has been medically confirmed by the patient’s treating physician to be incapable of making decisions for purposes of ORS 31.260 to 31.278, the patient’s representative as provided in ORS 31.274. [2013 c.5 §1; 2021 c.97 §4]
OR Rev Stat § 31.262 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 031 - Tort Actions|Section 31.262 - Notice of adverse health care incident.

(1)(a) When an adverse health care incident occurs in a health care facility or a location operated by a health care facility, the health care facility may file a notice of adverse health care incident with the Oregon Patient Safety Commission in the form and manner provided by the commission by rule. (b) If a health care facility files a notice of adverse health care incident under this subsection, the health care facility shall provide a copy of the notice to the patient. (c) A notice filed under this subsection may not include the name of a health care provider, but the health care facility filing the notice shall notify any health care providers involved in the adverse health care incident of the notice. (2)(a) When an adverse health care incident occurs outside of a health care facility or a location operated by a health care facility, the health care provider treating the patient or the employer of the health care provider may file a notice of adverse health care incident with the commission in the form and manner provided by the commission by rule. (b) If a health care provider or employer files a notice of adverse health care incident under this subsection, the health care provider or employer shall provide a copy of the notice to the patient. (c) If an employer files the notice under this subsection, the notice may not include the name of the health care provider, but the employer shall notify each health care provider involved in the adverse health care incident of the notice. (3) A patient may file a notice of adverse health care incident with the commission in the form and manner provided by the commission by rule. When the commission receives a notice of adverse health care incident from a patient under this subsection, the commission shall notify all health care facilities and health care providers named in the notice within seven days after receiving the notice. (4) A notice of adverse health care incident filed under this section is not: (a) A written claim or demand for payment. (b) A claim for purposes of ORS 742.400. (5) The filing of a notice of adverse health care incident as provided in this section satisfies the notice requirements of ORS 30.275. (6) An adult in custody as defined in ORS 30.642 may not file a notice of adverse health care incident under this section. [2013 c.5 §2; 2019 c.213 §116]
OR Rev Stat § 31.266 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 031 - Tort Actions|Section 31.266 - Discussion communications; admissibility; disclosure.

(1) As used in this section, "discussion communication" means: (a) All communications, written and oral, that are made in the course of a discussion under ORS 31.264; and (b) All memoranda, work products, documents and other materials that are prepared for or submitted in the course of or in connection with a discussion under ORS 31.264. (2) Discussion communications and offers of compensation made under ORS 31.264: (a) Do not constitute an admission of liability. (b) Are confidential and may not be disclosed. (c) Except as provided in subsection (3) of this section, are not admissible as evidence in any subsequent adjudicatory proceeding and may not be disclosed by the parties in any subsequent adjudicatory proceeding. (3)(a) A party may move the court or other decision maker to admit as evidence in a subsequent adjudicatory proceeding a discussion communication that contradicts a statement made during the subsequent adjudicatory proceeding. The court or other decision maker shall allow a discussion communication that contradicts a statement made at a subsequent adjudicatory proceeding into evidence only if the discussion communication is material to the claims presented in the subsequent adjudicatory proceeding. (b) A party may not move to admit expressions of regret or apology that are inadmissible under ORS 677.082. (4) Communications, memoranda, work products, documents and other materials, otherwise subject to discovery, that were not prepared specifically for use in a discussion under ORS 31.264, are not confidential. (5) Any communication, memorandum, work product or document that, before its use in a discussion under ORS 31.264, was a public record as defined in ORS 192.311 remains subject to disclosure to the extent provided by ORS 192.311 to 192.478. (6) The limitations on admissibility and disclosure in subsequent adjudicatory proceedings imposed by this section apply to any subsequent judicial proceeding, administrative proceeding or arbitration proceeding. The limitations on disclosure imposed by this section include disclosure during any discovery conducted as part of a subsequent adjudicatory proceeding, and a person that is prohibited from disclosing information under the provisions of this section may not be compelled to reveal confidential communications or agreements in any discovery conducted as part of a subsequent adjudicatory proceeding. [2013 c.5 §4]
OR Rev Stat § 31.268 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 031 - Tort Actions|Section 31.268 - Mediation.

(1) If a discussion under ORS 31.264 does not result in the resolution of an adverse health care incident, the patient and the health care facility or health care provider who files or is named in a notice of adverse health care incident filed under ORS 31.262 Act may enter into mediation. (2) The Oregon Patient Safety Commission shall develop and maintain a panel of qualified individuals to serve as mediators. The parties, by mutual agreement, may choose any mediator from within or outside the panel. (3) The parties shall bear the cost of mediation equally unless otherwise mutually agreed. (4) Other persons that may participate in the mediation include, but are not limited to: (a) Members of the patient’s family, at the discretion of the patient; (b) Attorneys for the patient, the health care facility and the health care provider; (c) Professional liability insurance carriers; (d) Risk management personnel; and (e) Any lien holder with an interest in the dispute. (5) If a health care facility or health care provider makes an offer of compensation as part of a mediation under this section, the facility or provider shall advise the patient of the patient’s right to seek legal advice before accepting the offer. (6) Mediation under this section is subject to ORS 36.210, 36.220, 36.222, 36.224, 36.226, 36.232, 36.234, 36.236 and 36.238. [2013 c.5 §5]
OR Rev Stat § 31.270 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 031 - Tort Actions|Section 31.270 - Payment and resolution.

(1) A payment made to a patient under ORS 31.264 or as a result of a mediation under ORS 31.268 is not a payment resulting from a written claim or demand for payment. (2) A health care provider or health care facility may require the patient to execute all documents and obtain any necessary court approval to resolve an adverse health care incident. The parties shall negotiate the form of such documents or court approval as necessary. [2013 c.5 §6]
OR Rev Stat § 31.272 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 031 - Tort Actions|Section 31.272 - Statute of limitations; evidence of offers and payments.

(1) The provisions of ORS 31.264 and 31.268 relating to discussion and mediation do not prevent a patient from bringing a civil action for negligence unless the patient signed a release of the claim. (2) The statute of limitations applicable to a negligence claim is tolled for 180 days, or another period agreed upon by the patient and the health care facility or health care provider who files or is named in the notice of adverse health care incident filed under ORS 31.262, from the date the notice is filed. (3) If a civil action based on an adverse health care incident is commenced, the court shall inform the parties of the opportunity to participate in the notice, discussion and mediation process under ORS 31.262, 31.264 and 31.268. (4) Except as provided in ORS 31.266, evidence that a party participated or did not participate in the notice, discussion and mediation process under ORS 31.262, 31.264 and 31.268 is inadmissible in any adjudicatory proceeding. (5) Evidence of an offer of compensation, and the amount, payment or acceptance of any compensation, under ORS 31.264 or 31.268 is inadmissible in any adjudicatory proceeding. However, any judgment in favor of the patient must be reduced by the amount of any compensation paid under ORS 31.264 and 31.268. [2013 c.5 §7]
OR Rev Stat § 31.274 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 031 - Tort Actions|Section 31.274 - Patient representatives.

(1) A patient who is a minor, is deceased or has been medically confirmed by the patient’s treating physician to be incapable of making decisions for purposes of ORS 31.260 to 31.278 may be represented for purposes of ORS 31.260 to 31.278 by the first of the persons, in the following order of priority, who can be located upon reasonable effort by the health care facility or health care provider and who is willing to serve as the patient’s representative: (a) A guardian of the patient who is authorized to make health care decisions for the patient. (b) The spouse of the patient. (c) A parent of the patient. (d) A majority of the adult children of the patient who can be located. (e) A majority of the adult siblings of the patient who can be located. (f) An adult friend of the patient. (g) A person, other than a health care provider who files or is named in a notice of adverse health care incident under ORS 31.262, appointed by a hospital under ORS 127.760. (2) The conservator of the patient appointed under ORS chapter 125 may serve as a patient’s representative with the patient’s representative designated under subsection (1) of this section if the conservator’s representation is necessary to consider an offer of compensation under ORS 31.264 or 31.268. [2013 c.5 §8]
OR Rev Stat § 31.276 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 031 - Tort Actions|Section 31.276 - Duties of Oregon Patient Safety Commission; rules.

(1) The Oregon Patient Safety Commission shall make rules establishing requirements and procedures as necessary to implement ORS 31.260 to 31.278, including, but not limited to: (a) Procedures for filing a notice of adverse health care incident under ORS 31.262 and for conducting discussions and mediations under ORS 31.264 and 31.268. (b) The form of the notice of adverse health care incident under ORS 31.262. (2) The commission shall use notices of adverse health care incidents filed under ORS 31.262 to: (a) Establish quality improvement techniques to reduce patient care errors that contribute to adverse health care incidents. (b) Develop evidence-based prevention practices to improve patient outcomes and disseminate information about those practices. (c) Upon the request of a health care facility or health care provider, assist the facility or provider in reducing the frequency of a particular adverse health care incident, including, but not limited to, determining the underlying cause of the incident and providing advice regarding preventing reoccurrence of the incident. [2013 c.5 §9]
OR Rev Stat § 31.278 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 031 - Tort Actions|Section 31.278 - Use of information relating to notice of adverse health care incident.

(1) The Oregon Patient Safety Commission may disseminate information relating to a notice of adverse health care incident filed under ORS 31.262 to the public and to health care providers and health care facilities not involved in the adverse health care incident as necessary to meet the goals described in ORS 31.276. Information disclosed under this subsection may not identify a health care facility, health care provider or patient involved in the adverse health care incident. (2) The commission may not disclose any information provided pursuant to a discussion under ORS 31.264 to a regulatory agency or licensing board. (3) The commission may use and disclose information provided pursuant to a discussion under ORS 31.264 as necessary to assist a health care facility or health care provider involved in an adverse health care incident in determining the cause of and potential mitigation of the incident. If the commission discloses information under this subsection to a person not involved in the incident, the information may not identify a health care facility, health care provider or patient involved in the incident. (4) A regulatory agency, licensing board, health care facility, health insurer or credentialing entity may not ask the commission, a health care facility, a health care provider or other person whether a facility or provider has filed a notice of adverse health care incident or use the fact that a notice of adverse health care incident was filed as the basis of disciplinary, regulatory, licensure or credentialing action. This subsection does not prevent a person from using information, if the information is otherwise available, to engage in quality review of patient care or as the basis of imposing a restriction, limitation, loss or denial of privileges on a health care provider or other action against a health care provider based on a finding of medical incompetence, unprofessional conduct, physical incapacity or impairment. [2013 c.5 §10]
OR Rev Stat § 31.350 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 031 - Tort Actions|Section 31.350 - Pleading requirements for actions against real estate licensees.

(1) As used in this section, "real estate licensee" has the meaning given that term in ORS 696.010. (2) A complaint, cross-claim, counterclaim or third-party complaint asserting a claim of professional negligence against a real estate licensee for conduct occurring within the course and scope of the professional real estate activity for which the individual is licensed may not be filed unless the claimant’s attorney certifies that the attorney has consulted a real estate licensee who is qualified, available and willing to testify to admissible facts and opinions sufficient to create a question of fact as to the liability of the real estate licensee. The certification required by this section must be filed with or be made part of the original complaint, cross-claim, counterclaim or third-party complaint. The certification must contain a statement that a real estate licensee who is qualified to testify as to the standard of care applicable to the alleged facts, is available and willing to testify that: (a) The alleged conduct of the real estate licensee failed to meet the standard of professional care applicable to the real estate licensee in the circumstances alleged; and (b) The alleged conduct was a cause of the claimed damages, losses or other harm. (3) In lieu of providing the certification described in subsection (2) of this section, the claimant’s attorney may file with the court at the time of filing a complaint, cross-claim, counterclaim or third-party complaint an affidavit that states: (a) The applicable statute of limitations is about to expire; (b) The certification required under subsection (2) of this section will be filed within 30 days after filing the complaint, cross-claim, counterclaim or third-party complaint or such longer time as the court may allow for good cause shown; and (c) The attorney has made such inquiry as is reasonable under the circumstances and has made a good faith attempt to consult with at least one real estate licensee who is qualified to testify as to the standard of care applicable to the alleged facts, as required by subsection (2) of this section. (4) Upon motion of the real estate licensee, the court shall enter judgment dismissing any complaint, cross-claim, counterclaim or third-party complaint against any real estate licensee who fails to comply with the requirements of this section. (5) This section applies only to a complaint, cross-claim, counterclaim or third-party complaint against a real estate licensee by any plaintiff who: (a) Has contracted with or otherwise employed the real estate licensee; or (b) Is a person for whose benefit the real estate licensee performed services. [2005 c.277 §1; 2007 c.319 §25]
OR Rev Stat § 31.360 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 031 - Tort Actions|Section 31.360 - Proof required for claim of economic damages in action arising from injury caused by dog.

(1) For the purpose of establishing a claim for economic damages, as defined in ORS 31.705, in an action arising from an injury caused by a dog: (a) The plaintiff need not prove that the owner of the dog could foresee that the dog would cause the injury; and (b) The owner of the dog may not assert as a defense that the owner could not foresee that the dog would cause the injury. (2) This section does not prevent the owner of a dog that caused an injury from asserting that the dog was provoked, or from asserting any other defense that may be available to the owner. (3) This section does not affect the requirements for an award of punitive damages provided in ORS 31.730 (1). [2007 c.402 §1; 2021 c.478 §6]
OR Rev Stat § 31.370 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 031 - Tort Actions|Section 31.370 - Presumption of absence of negligence if defendant conducts criminal records check through Department of State Police.

(1) In a claim for negligence based on the defendant’s failure to conduct an adequate criminal records check of a person, there is a rebuttable presumption that the defendant was not negligent if the defendant conducted the criminal records check through the Department of State Police. (2) A criminal records check conducted through the Law Enforcement Data System meets the requirements of this section. [2019 c.424 §2]
OR Rev Stat § 31.550 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 031 - Tort Actions|Section 31.550 - "Advance payment" defined.

As used in ORS 12.155 and 31.550 to 31.565, "advance payment" means compensation for the injury or death of a person or the injury or destruction of property prior to the determination of legal liability therefor. [Formerly 18.500]
OR Rev Stat § 31.555 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 031 - Tort Actions|Section 31.555 - Effect of advance payment; payment as satisfaction of judgment.

(1) If judgment is entered against a party on whose behalf an advance payment referred to in ORS 31.560 or 31.565 has been made and in favor of a party for whose benefit any such advance payment has been received, the amount of the judgment shall be reduced by the amount of any such payments in the manner provided in subsection (3) of this section. However, nothing in ORS 12.155, 31.560 and 31.565 and this section authorizes the person making such payments to recover such advance payment if no damages are awarded or to recover any amount by which the advance payment exceeds the award of damages. (2) If judgment is entered against a party who is insured under a policy of liability insurance against such judgment and in favor of a party who has received benefits that have been the basis for a reimbursement payment by such insurer under ORS 742.534, the amount of the judgment shall be reduced by reason of such benefits in the manner provided in subsection (3) of this section. (3)(a) The amount of any advance payment referred to in subsection (1) of this section may be submitted by the party making the payment, in the manner provided in ORCP 68 C(4) for the submission of disbursements. (b) The amount of any benefits referred to in subsection (2) of this section, diminished in proportion to the amount of negligence attributable to the party in favor of whom the judgment was entered and diminished to an amount no greater than the reimbursement payment made by the insurer under ORS 742.534, may be submitted by the insurer which has made the reimbursement payment, in the manner provided in ORCP 68 C(4) for the submission of disbursements. (c) Unless timely objections are filed as provided in ORCP 68 C(4), the court clerk shall apply the amounts claimed pursuant to this subsection in partial satisfaction of the judgment. Such partial satisfaction shall be allowed without regard to whether the party claiming the reduction is otherwise entitled to costs and disbursements in the action. [Formerly 18.510]
OR Rev Stat § 31.560 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 031 - Tort Actions|Section 31.560 - Advance payment for death or personal injury not admission of liability; when advance payment made.

(1) Advance payment made for damages arising from the death or injury of a person is not an admission of liability for the death or injury by the person making the payment unless the parties to the payment agree to the contrary in writing. (2) For the purpose of subsection (1) of this section, advance payment is made when payment is made with or to: (a) The injured person; (b) A person acting on behalf of the injured person with the consent of the injured person; or (c) Any other person entitled to recover damages on account of the injury or death of the injured or deceased person. [Formerly 18.520]