What's Happening at Hart Wagner

We’re pleased to announce that litigation attorney Joseph Pickels has joined the firm’s preeminent general liability and medical malpractice litigation team.  Joseph’s practice focuses on defending businesses and individuals in general liability claims and healthcare professionals in medical malpractice and wrongful death actions in Oregon and Washington Courts.  Prior to joining Hart Wagner, Joseph served as Chief Counsel and Senior Advisor to the Minority Caucus in the Oregon House of Representatives and as a litigation attorney at a Portland-based civil defense firm.

Janet Schroer and Ruth Casby have continued success for their clients in two recent dissolution appeals decided by the Oregon Court of Appeals.  One appeal obtained reversal of the trial court’s legal error in failing to correctly enforce the parties’ property division settlement and the other obtained affirmance of a spousal support award rejecting 5 assignments of error.  Based on their clients’ prevailing-party status, Janet and Ruth petitioned the Court of Appeals for an award of their clients’ appellate attorney fees against their former spouses.  The Court of Appeals granted the petitions, allowing their clients to recover of all of their attorney fees incurred on appeal.     

If you are a care provider who has recently been sanctioned by a licensing board, please be aware of possible scams attempting to convince you to “settle” claims with them in order to “avoid criminal or civil charges.” I have been contacted by a number of medical providers to represent them in regard to notices or calls received purportedly from OMB investigators, DEA agents and/or DOJ attorneys. The notices I have reviewed all appear legitimate on their face, complete with official seals. The phone numbers appear legitimate. They can also utilize names of real agents or Assistant Attorney Generals. But, the problem is, they always seem to be asking for money to avoid prosecution. Do not be fooled. In my experience, governmental entities are more interested in investigating thoroughly first, and they do not demand cash up front “to avoid prosecution.” If you receive an email, call or notice of any kind from a governmental entity that sounds like this, please contact an attorney so they can review the material and ascertain if it is legitimate. Consider this first before you make contact with the agent. The DEA, OMB and DOJ are well-aware of these scams and will likely understand your reluctance in contacting them, so long as it is reasonable. If not, you have the right to an attorney, regardless of what they expect. Timely review and advice is imperative, however.

If you are involved in the disciplinary process with a state licensing board, particularly the Oregon Medical Board, be forewarned. It is important for you to understand the risks associated with signing a proposed stipulated order without consulting with a lawyer experienced in this area. Any Order that you sign that essentially “settles” the case between you and the Board may have consequences that are severe and amount to a defacto revocation of your license. If your national licensing board requires its members to carry an “unrestricted license to practice,” any limitation on that license may result in a “withdrawal” of your board certification. Without a board certification, you will likely not be accepted on insurance panels or a hospital medical staff until the restriction is lifted. Without panel membership, you essentially become unemployable. As an example, I once represented a family medicine physician who admittedly had a substance abuse problem. He was reported for suspected abuse and an investigation commenced. He was given the option of signing up with the Health Professional Service Program (HPSP), which is a monitoring program that works with the OMB. He accepted, and a public order was entered that required, as part of his settlement, that he continue participation in the HPSP. Seems fair enough, right? Not so. This physician came to me after he signed the agreement because the American Board of Family Medicine determined that the contract he signed with the HPSP, which was mentioned in the public order, contained a section that states the enrollee would not prescribe controlled substances to friends or family. Unfortunately, the ABFM withdrew his board certification because of this clause. We appealed, arguing (among other things) the OMB states in their literature that this practice is not recommended and, further, they have pursued discipline for this behavior. Therefore, it was no more onerous than what is required of physicians without an HPSP agreement. The ABFM denied the appeal, nonetheless. The physician who did the right thing, admitted wrongdoing and sought help for his disease, was licensed but unemployable. Placing a person who is already battling addiction into this situation is a recipe for disaster and failure. The law failed this physician and his patients, as did the Board and his colleagues on the ABFM. But, the story serves as a reminder for me every day I see a proposed stipulated order. The devil is in the details.