Shelley J. Reilly v. The Northwest Medical Physics Center, St. Charles Medical Center, Inc.

958 F.2d 377 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Shelley J. REILLY, Plaintiff-Appellant, v. THE NORTHWEST MEDICAL PHYSICS CENTER, St. Charles Medical Center, Inc., Defendants-Appellees. No. 90-35576. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 5, 1991. Decided March 18, 1992. Before TANG, O'SCANNLAIN and RYMER, Circuit Judges. 1 MEMORANDUM * 2 Oregon's medical malpractice statute of ultimate repose requires that complaints be filed within five years of the treatment giving rise to the legal claim. However, if fraud causes the complaint to be filed outside of the limitations period, then the statute is tolled for a two year period. The district court, contrary to the recommendation of the magistrate, granted the motion to dismiss of St. Charles Medical Center and Northwest Medical Physics Center (collectively "Northwest") for failure to state a claim, pursuant to Fed.R.Civ.P. 12(b)(6), because Shelley Reilly's complaint was filed…