This April, Grant Engrav had the honor of presenting to the Oregon State Bar’s Health Law Section on a topic that is increasingly important to physicians and healthcare organizations across the state: whistleblower and retaliation lawsuits in Oregon’s healthcare sector.

As the founder of Engrav Law Office LLP and a healthcare and employment litigator based in Portland, Grant has spent years representing physicians, ambulatory surgery centers, and independent clinics in complex legal matters. The presentation focused on how Oregon’s whistleblower protections extend more broadly than many practitioners realize—both in terms of who is protected and the scope of conduct covered.

A Broad Legal Landscape for Physician Whistleblowers

The presentation centered on Oregon Revised Statutes Chapter 659A, which outlines a variety of protections for employees—and in some cases, independent contractors—who report misconduct. These include:

• ORS 659A.199 – The core whistleblower protection statute, which protects both public and private sector employees who report violations of law in good faith.
• ORS 659A.203 – Applies to public employees, requiring an objectively reasonable belief in the violation reported.
• ORS 659A.233 – Specifically protects healthcare workers who report unsafe or unlawful practices in health facilities or residential care settings.
• ORS 659A.030(f)-(g) – Protects employees who oppose unlawful practices or assist others in doing so.

The presentation also walked through the prima facie elements of a retaliation claim in Oregon: a qualifying report, subject matter coverage under the statute, adverse employment action, and a causal link between the report and the retaliation.

Real-World Examples from Oregon Courts

The presentation reviewed recent and ongoing cases to illustrate how these statutes are playing out in Oregon courtrooms:

• Dr. Dannenhoffer v. Architrave Health LLC (2016)
• Martin and Truneckova v. Legacy Health (2015)
• Dr. Clark v. Northbank Surgery Center (2024)
• Dr. Holmes v. Coast Medical (2024)

Each case highlights how disputes can arise not just from formal regulatory complaints, but also from internal reports of unsafe practices, billing fraud, corporate practice of medicine violations, or mandatory licensing board disclosures.

Expanding Accountability Through Aiding and Abetting Claims

The presentation covered an evolving area of Oregon law: aider and abettor liability under ORS 659A.030(g). This provision allows plaintiffs to name individuals or entities who helped facilitate the retaliation—expanding accountability, potential damages, and sometimes helping plaintiffs avoid arbitration clauses or limited forum options.

Remedies Available to Physician Whistleblowers

Oregon law provides robust remedies for prevailing whistleblowers, including:

• Economic and noneconomic damages
• Reinstatement or front pay
• Attorneys’ fees under ORS 659A.885
• In some instances, punitive damages

However, the road to recovery is not always easy—employers often raise technical defenses, including challenges to whether a report qualifies as protected activity or whether a plaintiff can prove causation.

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Protecting the Integrity of Oregon’s Healthcare System

Oregon’s physician whistleblower cases continue to shape the boundaries of healthcare regulation, employment rights, and patient safety. It was a privilege to share insights and strategies with my colleagues at the Bar, and I remain committed to representing providers who take a stand against unlawful practices.

If you’re a healthcare professional facing retaliation or a clinic needing legal guidance on internal reporting protocols, and handling a report, our team at Engrav Law Office LLP is here to help.

Grant Engrav is the founder of Engrav Law Office LLP in Portland, Oregon. He represents physicians, surgery centers, and healthcare businesses in employment disputes, whistleblower litigation, and regulatory matters.