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Scott M. O'Halloran

Scott’s practice areas include complex civil litigation with an emphasis in representing healthcare providers in medical professional liability lawsuits, licensing and discipline disputes and representing healthcare systems in medical staff/credentialing issues and enterprise risk management. As lead trial counsel in more than 100 complex civil litigation lawsuits, he has successfully defended corporate and individual clients at trial, arbitration, and administrative hearings.

Practice

  • ‍Medical Professional Liability Defense
  • Licensing and Disciplinary Actions
  • Medical Staff, Peer Review, Privileging/Credentialing Products Liability
  • Civil/Business Litigation
  • Healthcare Risk Management

Representative Cases

  • Defense verdict for family practice physician in wrongful death lawsuit alleging negligent failure to diagnose coronary artery disease.
  • Defense verdict for family practice physician in medical negligence lawsuit alleging failure to assess signs of a pending myocardial infarction during a phone consultation.
  • Defense verdict for anesthesiologist in medical malpractice lawsuit alleging negligent extubation resulting in permanent brain damage.
  • Defense verdict for primary care physician in medical malpractice lawsuit alleging failure to diagnose rhabdomyolysis leading to acute renal failure.
  • Defense verdict for hospital in medical malpractice lawsuit alleging emergency medicine physician, hospitalist and hospital were negligent for failing to diagnose lower Gl bleed leading to patient death.
  • Defense verdict for urologist in medical malpractice lawsuit alleging urologist negligently performed ultrasound guided bladder biopsy resulting in serious infection.
  • Defense verdict for neurosurgeon in medical malpractice lawsuit alleging physician failed to diagnose and treat brain aneurysm.

Education

  • ‍University of Notre Dame Law School, J.D., cum laude, 1995
  • Gonzaga University, B.A., 1992, magna cum laude, 1992
    - Student Body President

Admitted to Practice

  • ‍Washington State
  • Oregon State
  • United States District Court - Western District of Washington and Eastern District of Washington
  • ‍United States District Court – Oregon

Professional Experience

  • ‍Fain Anderson VanDerhoef Rosendahl O’Halloran Spillane, Principal/Owner 2015 - Present
  • Williams Kastner & Gibbs, Member 2004 - 2015
  • Williams Kastner & Gibbs, Associate 2000 - 2003
  • U.S. Army, Judge Advocate General's (JAG) Corps, CPT 1995 - 2000
  • European Bank for Reconstruction and Development, London, U.K., Intern 1994
  • U.S. House of Representatives, Office of the Speaker, Washington D.C., Intern 1992

Professional Memberships

  • ‍American Bar Association, Healthcare Law and Litigation Section
  • Hon. Robert J. Bryan Chapter of the American Inns of Court, Former Barrister
  • Tacoma- Pierce County Bar Association, Past President, Young Lawyers Division
  • Washington State Bar Association, Healthcare Law Section
  • Past Member, Legislative Committee
  • Washington Defense Trial Lawyers, Past Committee Chair for the South Sound Region
  • Washington Health Care Risk Management Society
  • Defense Research Institute

Publications & Presentations

  • “Effective Tools for the 21st Century Litigator,” Presenter, Washington State Bar Association Seminar, September 2016.
  • “Simple Actions Before Discharge Can Prevent Some ED Claims,” Commentator, ED Legal Letter, July 2015.
  • "When patients are unable to pay for care that's needed, strategies to decrease risk," Commentator, Physician Risk Management, June 2014.
  • "Change of Shift is 'Rife with Potential Legal Exposure' for Both EPs," Commentator, ED Legal Letter, May 2014.
  • "E-Discovery: How to Prepare and Respond," Presenter, 2011 Annual Risk Managers Conference, October 14, 2011.
  • "Developing a Successful Trial Strategy," Presenter, CHI Defense Counsel Conference, Denver, CO, September 29, 2011.
  • "Ten Commandments of Giving a Good Deposition; Prescription Narcotics: Legal Issues; Informed Consent: What a Patient Needs to Know; Patient Termination," Presenter, Managing Risk in the Medical Office Setting, June 5, 2008.

Honors & Awards

  • AV® PreeminentTM 5.0 rating by Martindale-Hubbell
  • Named a Super Lawyer by Washington Super Lawyers, 2007-Present
  • Best Lawyers in America® 2019, in the area of Medical Malpractice Law - Defendants
  • Top 40 Under 40, Tacoma Business Examiner
  • Top Business Attorneys in Healthcare in Washington, Washington CEO
  • Named a Rising Star by Washington Super Lawyers, 2003 - 2004 Community

Community Involvement

  • Geneva Foundation
    Board of Directors, 20I0 - 2017
  • St. Patrick's School
    Commissioner and Chair, Strategic Planning Committee, 2011 - 2014


  • Fellow, American Leadership Forum, Tacoma Chapter (Class XIX)
  • Leadership Tomorrow, Class of 2009
Scott M. O'Halloran
Principal/Owner
Office:
Direct:
FAIN ANDERSON VANDERHOEF ROSENDAHL O'HALLORAN SPILLANE PLLC

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