If legal action against a "public body" such as the Oregon Medical Board is being considered, the Oregon Tort Claims Act ("OTCA") requires that notice of intent to sue must be submitted in writing within 180 days* after the alleged loss or injury (ORS 30.275). With help from a reputable attorney, filing this notice is simple, quick, and inexpensive. Without this timely written notice, the right to defend your license and your reputation against unproven allegations and/or unjust disciplinary actions may be lost forever. In order to preserve your future right to sue for damages should your legal rights be violated by the Oregon Medical Board or its Health Professionals Program, a tort claims notice should be filed in addition to (and not instead of) any administrative appeals or negotiations that are ongoing.
* A few very specific exceptions to the 180-day limit imposed by the OTCA do exist. Also, some federal and constitutional claims may still be possible even after this time period has elapsed. Contact a licensed Oregon attorney as soon as possible!
Even if you do not plan on suing, we strongly recommend that you immediately begin legally** tape recording any conversations that you have with officials and consultants representing the Oregon Medical Board and its Health Professionals Program, with the name of the official clearly stated for the record. For a state-by-state summary of the legal requirements for taping phone calls and in-person conversations, visit http://rcfp.org/taping/states.html. According to the Oregon guidelines listed on this site:
- "One cannot use a device to record a conversation unless all parties of the conversation are informed. Or. Rev. Stat. § 165.540(1)(c). It is also illegal for a party to obtain, divulge, or use a conversation knowing it was obtained illegally by someone else. Or. Rev. Stat. § 165.540(1)(d),(e)".
- "To record a conversation with an unconcealed recording device, all parties to the conversation must either know or reasonably expect that the conversation is being taped. Or. Rev. Stat. § 165.540(6)(c)".
- "The state’s highest court has held that taping of a telephone conversation with one party’s consent was not illegal under the statutes. State v. Lissy, 747 P.2d 345 (Or. 1987)."
** Consult with a reputable attorney licensed in the state of Oregon regarding the issue of how to effectively and legally tape record phone calls and/or in-person conversations for use in your particular situation or lawsuit.
The following list names attorneys we know of*** who have represented Oregon physician plaintifs in legal actions against the Oregon Medical Board and/or defended physicians against legal action by the Oregon Medical Board :
*** Disclaimer: This list is wholly composed of and maintained by the authors of the Oregon Physician Advocacy Group as a service to the users of this website. None of these attorneys are officially endorsed by or affiliated with the Oregon Physician Advocacy Group. None of them have requested or consented to have their names included on this list or on this website. The authors of this website may add or delete names from this list at their sole discretion. Translation: Please don't sue us, we're just trying to help! If your name is listed here and you would like it removed, please e-mail the ORPAG website moderator at email@example.com.
Other possibilities (awesome trial attorneys with relevant experience in related civil rights cases):
Finally, if you just need someplace to get started, don't have much money, and haven't a clue where to seek help, try:
Lawyer Referral Service - Link to Oregon State Bar program for one-time initial legal consultation for no more than $35.
This page last updated on 5/25/2011.