Olsson, Patricia M.

Current Employment Position(s)

Partner

Lawyer Overview

Ms. Olsson's practice centers primarily on medical malpractice, health care law, employment law, property tax, and general commercial litigation. She is admitted to all courts within the state of Idaho, the 9th Circuit Court of Appeals, and the United States Supreme Court. Ms. Olsson has been listed in The Best Lawyers in America since 2001, and is rated AV by Martindale Hubbell. Ms. Olsson was inducted into the American College of Trial Lawyers in October 2003, and serves as Idaho State Chair. She is a Fellow of the American Bar Foundation. Since 1983, she has tried numerous cases before state and federal trial courts and has conducted an active appellate practice in the federal and state courts of appeals.

Ms. Olsson's medical malpractice experience includes numerous summary judgment decisions for physicians, including acting as lead counsel in the significant Dulaney v. St. Alphonsus Regional Medical Center decision, 137 Idaho 160, 45 P.3d 813 (2002), which affirmed the local standard of care rule in Idaho. She has obtained summary judgments for physicians in numerous medical malpractice cases, as well as successfully tried medical malpractice cases to defense verdict. She frequently advises physicians and hospitals on legal issues and health care issues, and has conducted extensive risk management training of doctors and hospitals through her years of practice. Recent cases include:

• Numerous defense verdicts in medical malpractice cases, including Harrison v. Binnion, 147 Idaho 645 (2009);
• Successfully defending a multi-week medical malpractice case;
• Successfully resolving a multi-million dollar appeal of property taxes;
• Acting as lead counsel role in Dulaney v. St. Alphonsus Regional Medical Center, 45 P.3d 816, 137 Idaho 160 (2002), a key case reaffirming the local standard of care rule in Idaho;
• Obtaining a defense verdict following a five-week trial on behalf of a general surgeon alleged to have negligently failed to diagnose a cervical fracture;
• Successfully defending an obstetrician in a two-week trial involving allegations of failure to diagnose uterine polyps and improper prescription of hormones;
• Successfully defending a physician in a two-week trial against claims that the negligent administration of an allergy shot program and anaphylaxis caused brain damage.

In the health care law arena, she frequently advises hospitals and physicians on issues relating to the False Claims Act, Stark I and II, the Anti-Kickback Law, EMTALA, medical staff bylaw, privileging and credentialing issues, and the numerous other questions raised by federal and state laws, as well as JACHO rules, that affect relationships between doctors and hospitals. She has successfully investigated and resolved qui tam cases. Ms. Olsson has expertise in laws and international treaties governing clinical research on human subjects, and has completed the CITI Program in the Protection of Human Research Subjects course. She regularly reviews Clinical Trial Agreements, informed consent documents, and other matters pertaining to the multitude of studies underway in southern Idaho.

In the employment law area, Ms. Olsson's practice emphasizes employment-related litigation and preventive counseling on employment issues. She represents clients in matters raising diverse issues under the Americans with Disabilities Act, the Age Discrimination in Employment Act, Title VII of the Civil Rights Act of 1991, the Family and Medical Leave Act and state equal opportunity acts. Her recent trial victories include:

• Defense verdict for a prominent Idaho employer after an eight day Federal Court trial over FMLA issues;
• Summary judgment for a large Idaho employer in a Title VII retaliation case brought by the EEOC;
• Defense jury verdict for an employer after a nine day trial alleging violations of the Age Discrimination in Employment Act;
• Defense verdict for an employer after a nine day trial alleging multiple violations of Title VII gender discrimination, harassment and discrimination;
• Several summary judgment decisions for an employer in lawsuits alleging violations of the Americans with Disabilities Act;
• Several significant summary judgments, affirmed by the Idaho Supreme Court and the Ninth Circuit Court of Appeals, involving whistle blowing, sexual harassment, and age discrimination claims;
• Defense verdicts in personal injury actions involving substantial damages;
• Defense verdicts in complex commercial litigation cases;
• Numerous successful resolutions of matters involving significant exposures through mediation.

Ms. Olsson is a member of the American Health Lawyers' Association, American Employment Law Council, the International Association of Defense Counsel, the American Bar Association Employment Law Section, the Idaho State Bar Employment Law Section, and the Idaho Association of Defense Counsel. In 2005, Ms. Olsson completed her second, six-year term on the Idaho Supreme Court Rules of Civil Procedure Committee.

Ms. Olsson's community activities include 14 years of service on the Board of Directors of the Treasure Valley Family YMCA. She was President of the Board from 2004-2006, and served another two years as immediate Past President of the Treasure Valley Family YMCA. She received the YMCA's 2008 Vern Emery Award, the most significant award bestowed upon a volunteer by the Treasure Valley YMCA.

Ms. Olsson is Chair of the St. Luke's Children's Hospital Board, as well as a member of the Children's Advisory Board of St. Luke's Regional Medical Center. She serves on the Board of the Humphrey's Diabetes Center, and is a member of the Boise State University Foundation. She is the immediate past Chair of the Friends of Nursing Board at Boise State. Ms. Olsson was a founding member of CARES, the child abuse evaluation service at St. Luke's Regional Medical Center, and served until the board was disbanded in 2007. Ms. Olsson is an original member of the Concordia Law School Advisory Board, which intends to open a law school in Boise in 2011. She is also a member of the Idaho City Historical Society.

Ms. Olsson attended New College of the University of South Florida and obtained her law degree with high honors from Chicago-Kent College of Law, Illinois Institute of Technology in 1983.

Areas of Practice

• Medical Malpractice 40%
• Employment Law Litigation 35%
• Construction Litigation 10%
• General Commercial 10%
• Employment Advice 5%
• Health Care

Representative Clients

• Micron Technology, Inc.
• AmeriPride Services, Inc.
• Intermountain Gas Company
• Hewlett-Packard Company
• St. Luke's Regional Medical Center
• Medical Insurance Exchange of California
• Northwest Physician's Mutual
• St. Paul's/Travelers
• CM Company
• cole + poe, Architects, P.A.
• Shand Morahan Insurance Company

Representative Cases

• Dulaney v. St. Alphonsus Reg'l Med. Ctr., 137 Idaho 160, 45 P.3d 816, Idaho (2002)
• Strongman v. Idaho Potato com'n, 129 Idaho 766, 932 P.2d 889, Idaho (1997)
• K. Hefner, Inc. v. Caremark, Inc., 128 Idaho 726, 918 P.2d 595, Idaho (1996)
• Santana v. Zilog, Inc., 878 F. Supp. 1373, D. Idaho (1984)
• Meckert v. Transamerica Ins. Co.,, 701 P.2d 217, 108 Idaho 597 (1984)
• Meckert v. Transamerica Ins. Co.,, 742 F.2d 505 (9th Cir. 1984)
• Rudd v. Merritt, 138 Idaho, 526, 66 P.3d 230 (2003)
• EEOC v. Micron Tech. Inc., 2002 U.S. App. LEXIS 5316 (2002)

West Practice Categories

Administrative Hearings & Adjudication, Antitrust Law, RICO Act, Age Discrimination, Disability & Illness Discrimination, National Origin Discrimination, Police Misconduct, Race Discrimination, Religious Discrimination, Sex Discrimination, Sexual Harassment, Affirmative Action, Discrimination, Freedom of Information, Freedom of Press, Freedom of Religion, Freedom of Speech, Construction Contracts, Construction Liens, Housing & Construction Defects, Government Construction Contracts, Legislative Practice, Affirmative Action -- Employer, Americans with Disabilities Act -- Employer, Employee Retirement Income Security Act (ERISA) -- Employer, Employee Rights -- Employer, Employment Contracts -- Employer, Employment Discrimination -- Employer, Family Medical Leave Act (FMLA) -- Employer, Federal Employer's Liability Act (FELA) -- Employer, Occupational Safety & Health Act (OSHA) -- Employer, Sexual Harassment -- Employer, Wage & Hour Laws -- Employer, Whistleblower -- Employer, Worker Adjustment and Retraining Notification (WARN) Act -- Employer, Wrongful Termination -- Employer, Childrens' Rights, Domestic Violence & Neglect, Hospital Law, Bad Faith Insurance, Commercial Insurance, Directors' & Officers' Liability Insurance, Errors & Omissions Insurance, Fidelity, Guarantee & Surety, Insurance Malpractice, Insurance Subrogation, Life & Health, Motor Vehicle, Property & Casualty, Unfair Labor Practices, Wage & Hour Laws, Worker Adjustment and Retraining Notification (WARN) Act, Class Actions -- Plaintiff, Complex Litigation, Federal Appellate Practice, Federal Trial Practice, Multidistrict Litigation, State Appellate Practice, State Trial Practice, US Court of Appeals for the Federal Circuit, Tribal Jurisdiction, Animal Bites -- Defense, Assault & Battery -- Defense, Defamation & Privacy -- Defense, Motor Vehicle Accidents -- Defense, Premises Liability -- Defense, Property Damage -- Defense, Slip and Fall -- Defense, Wrongful Death -- Defense, Chemicals & Cosmetics, Machinery & Tools, Medical Products & Devices, Pharmaceutical Products, Dental Malpractice, Legal Malpractice, Medical Malpractice, Other Professionals Malpractice, Pesticides

Bar Admissions

• Idaho, 1983
• U.S. District Court District of Idaho, 1983
• U.S. Court of Appeals 9th Circuit, 1984

Professional Associations and Memberships

• American College of Trial Lawyers, 2003 - Present (Fellow)
• American Employment Law Council, 2000 - Present
• International Association of Defense Counsel, 1997 - Present
• American Bar Association Employment Law Section, 1990 - Present
• Idaho State Bar Employment Law Section, 1990 - Present
• Idaho Association of Defense Counsel, 1987 - Present
• Idaho Supreme Court Rules of Civil Procedure Committee, 1995 - 2005

Honors and Awards

• Fellow of the American College of Trial Lawyers, 2003 - Present
• Fellow of the American Bar Association, 2000 - Present
• Best Lawyers in America in Employment Law, 2001 - Present

Classes and Seminars

• Training on Employment: Discipline and Discharge Issues and FLMA, Breakfast Briefing, 2003
• Getting it Right: A Panel Discussion Addressing Leave Issues Under the ADA, Idaho Worker's Compensation and the FLMA, Breakfast Briefing, 2003
• When Duty Calls - An Employer's Obligations Under USERRA, Breakfast Briefing, 2004
• What To Do When You See a Lawsuit Coming, Breakfast Briefing, 2004
• Recent Developments in Employment and Labor Law: Here We Go Again!, Breakfast Briefing, 2004
• ADA/FLMA/Worker's Compensation, Breakfast Briefing, 2004
• Americans with Disabilities Act., Human Resources Training Session, 2004
• Recent Developments Under the Americans with Disabilities Act., Breakfast Briefing, 2004 - 2005
• Alcoholism and Drug Abuse Under the ADA, Breakfast Briefing, 2004 - 2005
• Legal Issues Regarding Outsourcing, Breakfast Briefing, 2004 - 2005

Pro Bono Activities

• Treasure Valley YMCA Board President Involved as a Volunteer Since 1995, 2004 - 2006
• St. Luke's Regional Medical Center Children's Advocacy, 1999 - Present
• Children at Risk of Sexual Abuse Advisory Board, 1991 - Present
• Boise State University Friends of Nursing Board, 1999 - Present

Past Employment Positions

• Quane, Smith, Howard & Hull, Boise, Idaho, Associate Attorney, 1983 - 1987

Education

• Chicago-Kent College of Law, Illinois Institute of Technology, Chicago, Illinois, 1983
  Honors: With High Honors
• New College of the University of South Florida, Sarasota, Florida, 1976
  Major: Mathematics
  Major: Philosophy

References

• Ray Hoobing, CM Company
• Cassandra Roberge, Medical Insurance Exchange of California
• Debra Ellers, Micron Technology, Inc.
• Rojean Rada, AmeriPride Services, Inc.
• Linda Payne Smith, SARMC Foundation, formerly of U.S. Bank
• Mark DeMeester, Hewlett-Packard Company

Published Works

• Employee Handbook ( Contributor ), Idaho State Bar, 1998
• The Idaho Public Records Law - Preserving the Status Quo, The Advocate, December, 1990
• Physician's Guide to Idaho Law ( Co-Author ), Idaho Medical Association, 1989

Address

101 S. Capitol Blvd., 10th Floor
P.O. Box 829
Boise, ID 83701-0829

Phones

(208) 385-5410

Faxes

(208) 385-5384

Emails

Contact Us

Websites

http://www.moffatt.com