What's Happening at Hart Wagner
- Karen O’Kasey and Taylor Lewis Obtain Defense Verdict in Police Use of Force Case
- Hart Wagner Adds Gioia Fisk to Employment Litigation and Medical Malpractice Team
- Janet Schroer Successfully Defends Statute of Repose for Legal Malpractice
- Trial Attorney Aaron Potter Obtains Defense Verdict in Dental Malpractice Case
- Karen O'Kasey Obtains Defense Verdict in Eight-Day Medical Malpractice Trial
Department of Health & Human Services – Office of Civil Rights Enters Settlement with Dental Group
On December 14, 2022, the Department of Health and Human Service – Office of Civil Rights entered a settlement with a dental group for responding to negative online reviews with Protected Health Information (PHI). New Vision Dental agreed to pay $23,000 and entered into a corrective action plan with 2 years of monitoring. Providers should not respond to social media/review posts online without consulting with counsel before doing so. There may be other, less risky, alternatives. In the vast majority of cases, an online response is likely not worth the risk, as each PHI violation gives rise to a $50,000 fine.
Trial Attorney Mike Wiswall Obtains Defense Verdict After 12-day Trial
Mike Wiswall and his trial team secured a defense verdict in a medical malpractice case in favor of a gastroenterologist and his clinic. The plaintiff alleged that his procedure should have occurred in the hospital setting given his poor cardiopulmonary status and compromised state of health, as well as predictive factors to indicate that he would be a difficult intubation. There was also a separate claim that he was not properly advised of the risks of the procedure or the alternative of having it performed in the hospital. Plaintiff alleged that he suffered an anoxic brain injury resulting in cognitive impairment and memory loss, as well as other injuries. He requested $6M for his damages.
Following a 12-day trial, the Multnomah County jurors returned with a unanimous defense verdict on the negligence claim and 11-1 in favor of the defendants on the informed consent claim.
Mike Wiswall Named 2023 Best Lawyers® “Lawyer Of The Year” in Portland, Oregon
Congratulations to Mike Wiswall for being recognized by Best Lawyers® as the 2023 “Lawyer of the Year” for Medical Malpractice Law – Defendants.
Only a single lawyer in each practice area and designated metropolitan area is honored as the “Lawyer of the Year,” making this accolade particularly significant. These lawyers are selected based on particularly impressive voting averages received during the peer review assessments.
Receiving this designation reflects the high level of respect a lawyer has earned among other leading lawyers in the same communities and the same practice areas for their abilities, their professionalism, and their integrity.
In addition to the “Lawyer of the Year” award, Mike Wiswall is also listed in the 2023 Edition of The Best Lawyers in America in the following practice areas:
Ethics and Professional Responsibility Law
Legal Malpractice Law – Defendants
Medical Malpractice Law – Defendants
Professional Malpractice Law – Defendants
Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence.
Karen O’Kasey Named 2023 Best Lawyers® “Lawyer Of The Year” in Portland, Oregon
Congratulations to Karen O’Kasey for being recognized by Best Lawyers® as the 2023 “Lawyer of the Year” for Legal Malpractice Law – Defendants.
Only a single lawyer in each practice area and designated metropolitan area is honored as the “Lawyer of the Year,” making this accolade particularly significant. These lawyers are selected based on particularly impressive voting averages received during the peer review assessments.
Receiving this designation reflects the high level of respect a lawyer has earned among other leading lawyers in the same communities and the same practice areas for their abilities, their professionalism, and their integrity.
In addition to the “Lawyer of the Year” award, Karen O’Kasey is also listed in the 2023 Edition of The Best Lawyers in America in the following practice areas:
Ethics and Professional Responsibility Law
Legal Malpractice Law – Defendants
Medical Malpractice Law – Defendants
Professional Malpractice Law – Defendants
Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence.
Eight Hart Wagner Attorneys Recognized In The 2023 Edition Of Best Lawyers In America®
We would like to congratulate eight of our attorneys that have been recognized and named to the 2023 edition of The Best Lawyers In America®:
Troy Bundy (recognized since 2012)
Health Care Law
Litigation – Health Care
Medical Malpractice Law – Defendants
Matt Kalmanson (recognized since 2016)
Appellate Practice
Commercial Litigation
Litigation – Health Care
Karen O’Kasey (recognized since 2012)
Ethics and Professional Responsibility Law
Legal Malpractice Law – Defendants
Medical Malpractice Law – Defendants
Professional Malpractice Law – Defendants
Aaron Potter (recognized since 2019)
Medical Malpractice Law – Defendants
Janet Schroer (recognized since 2006)
Appellate Practice
Bet-the-Company Litigation
Personal Injury Litigation – Defendants
Professional Malpractice Law – Defendants
Joe Traylor (recognized in 2023)
Litigation – Construction
Gordon Welborn (recognized since 2012)
Ethics and Professional Responsibility Law
Legal Malpractice Law – Defendants
Medical Malpractice Law – Defendants
Professional Malpractice Law – Defendants
Mike Wiswall (recognized since 2012)
Ethics and Professional Responsibility Law
Legal Malpractice Law – Defendants
Medical Malpractice Law – Defendants
Professional Malpractice Law – Defendants
About Best Lawyers®
Best Lawyers has published their list for over three decades, earning the respect of the profession, the media, and the public as the most reliable, unbiased source of legal referrals. Its first international list was published in 2006 and since then has grown to provide lists in over 75 countries. Lawyers on The Best Lawyers in America list are divided by geographic region and practice areas. They are reviewed by their peers on the basis of professional expertise, and undergo an authentication process to make sure they are in current practice and in good standing.
Hart Wagner Adds Jason Cohen to Medical Malpractice and Employment Litigation Team
We’re thrilled to announce that litigation attorney Jason Cohen has joined the firm’s preeminent medical malpractice and employment litigation team. Jason’s practice focuses on defending hospitals, medical clinics, and healthcare professionals in medical malpractice and wrongful death actions in Oregon and Washington State Courts. Additionally, he will defend employers in employment actions. Jason received his law degree from Lewis & Clark Law School, graduating cum laude. During law school, Jason was a law clerk for the Honorable Ann Aiken in the U.S. District Court of Oregon. Before joining Hart Wagner, Jason worked for a number of small civil litigation firms where he cultivated and refined his litigation skills. Outside of the office, Jason serves as an Officer for the Eliot Neighborhood Association Land Use and Transportation Committee.
Gordy Welborn Receives 2022 OADC Lifetime Achievement Award
We are pleased to announce that Gordy Welborn received the Oregon Association of Defense Counsel’s 2022 Lifetime Achievement Award. This Award is presented to a current or honorary OADC member in recognition of their commitment to the profession and OADC over the course of their distinguished career. The recipient is well-regarded among the OADC community and their peers for their integrity, professionalism, leadership, and service to the legal and local community. Gordy served on the OADC Board of Directors from 2010 – 2015, and was the President and Past President in 2014 and 2015. He has tried over 100 cases to verdict, and is respected by attorneys on both sides of the bar. Congratulations, Gordy!
Healthcare Attorney Troy Bundy Discusses New Oregon Law for Physicians Assistants
Beginning July 15, 2022, Oregon Licensed Physicians Assistants (PAs) may begin entering into collaboration agreements to shift their practice from a supervisory to a collaborative practice model. By the end of 2023, all Oregon licensed PAs must enter into a collaborative agreement, and all other practice agreements and practice descriptions will be terminated. The new law essentially expands the scope of PA practice and independence in Oregon. To read the Draft of the proposed changes in the relevant Administrative Rules, click here.
Oregon Medical Board Updates Definition of “Medical Incompetence”
OAR 847-010-007 was amended to further define “medical incompetence.” The rule amendments define “medical incompetence” and clarify that evidence of medical incompetence also includes failure to pass a competency exam/program or complete a course/program when required by the Board or a health care facility. The rulemaking breaks out the nine separate types of conduct within the definition of “unprofessional or dishonorable conduct” in ORS 677.188(4) and states that a licensee may not intentionally contact the known complainant, until the licensee has requested a contested case hearing and the Board has authorized the taking of the complainant’s deposition. Of course, this means that a deposition of a complainant will never be taken because the Board will never allow it. But, this is nothing new in contested case hearings. Lastly, the amendments incorporate by reference the ethics standards of the Board’s regulated professions. This had been a point of contention between defense counsel and the Board in prior matters, since the various Boards repeatedly incorporated these ethics rules within the body of their proposed notices of discipline without any apparent authority to do so.
Hart Wagner Participates in the Second Annual Oregon Diversity Legal Job Fair
On Wednesday, March 9th, Hart Wagner will participate in the 2nd Annual Oregon Diversity Legal Job Fair. The one day virtual event is for diverse attorneys, paralegals and legal support professionals seeking employment with Oregon employers. The mission of the job fair is to bring together Oregon’s legal community to recruit and retain diverse legal professionals who will reflect the identity and values of the people and clients they serve. Hart Wagner is proud to be involved in this worthwhile endeavor, and we look forward to learning more about the candidates that are in our community.