What's Happening at Hart Wagner

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.

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.

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. 

On Wednesday, March 9^th, Hart Wagner will participate in the 2^nd 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.

We’re pleased to announce that attorney Ellen Rall has joined our medical malpractice litigation team.  Prior to joining Hart Wagner LLP, Ellen worked for a local small insurance defense firm where she honed her litigation skills.  Ellen is a graduate of Gonzaga University School of Law, and is licensed to practice in Oregon and Washington.  She is a member of the Multnomah Bar Association, Oregon Association of Defense Counsel, and Oregon Women Lawyers. 

We’re pleased to announce that attorney Taylor Lewis has been named partner of the firm.  Taylor’s practice focuses on defending hospitals, medical clinics, and healthcare professionals in medical negligence lawsuits and assisting medical professionals in licensing board matters.  He also represents medical clinics in business disputes and provides advice on regulatory compliance.

We’re pleased to welcome associate attorney Sarah Holmes to the firm’s preeminent employment practice. 

Sarah’s practice focuses on defending Oregon employers against a variety of employment claims.  She represents employers in administrative proceedings as well as in state and federal court.  Sarah also advises clients prior to litigation on policy compliance, pre-litigation strategies, and employer investigations. 

Sarah began her career at Saalfeld Griggs in Salem, Oregon where she honed her employment litigation and advice and counsel skills working with individuals and businesses.  She earned her J.D. from Willamette University College of Law, and her B.S. from University of Maryland Global Campus in Okinawa, Japan.