by Bargnesi BrittConnecting to the healthcare of tomorrow
How life-saving wearables, regenerative medicine, and AI-assisted hospitals are helping empower patients and doctors.
https://www.cnn.com/2024/10/07/business/video/tomorrow-transformed-digital-healthcare-future-ai-spc?cid=ios_app
by Bargnesi BrittCongratulations to our New Associate!
Congratulations to our new associate, Madeline Burns, who was admitted to the New York Bar today!
by Bargnesi BrittVicarious Liability
The Second Department’s recent decision in Ciceron v. Gulmatico provides an interesting look at the scope of a hospital’s exposure for vicarious liability through its emergency department.
In Ciceron, the plaintiff was treated in the hospital’s emergency department. During that treatment, plaintiff received a referral for outpatient follow-up with a physician who was not employed by the hospital. Plaintiff saw the physician on an outpatient basis and then underwent a surgery with the physician at the same hospital where the initial emergency department treatment and referral occurred. Plaintiff alleged the surgery was negligently performed and that the hospital was vicariously liable for the physician’s care.
In support of the vicarious liability claim, plaintiff alleged that the hospital’s referral to the outpatient physician was sufficient to create a reasonable belief within the plaintiff that the physician was affiliated with the hospital and give rise to vicarious liability. The Second Department rejected that claim and held that a “mere referral” was insufficient to impose vicarious liability upon the hospital. In doing so, it prevented a problematic expansion of hospital vicarious liability that could have easily extended the doctrine beyond care actually provided at the hospital.
by Bargnesi BrittCMS Issues First Every Nursing Home Mandate
From McKnights: CMS Issues First Ever Nursing Home Mandate
CMS has issued long-term care staffing mandates. As noted in the article, it is estimated that 75% of nursing homes will need to add staff to comply.
by Bargnesi BrittJulie Bargnesi Prevails by Obtaining Direct Verdict in Nursing Home Trial
Julie Bargnesi successfully obtained a directed verdict for a nursing home client at trial. The case alleged development and worsening of decubitus ulcers. In support of their case, plaintiff called a nursing expert as well as a physician expert. At the close of plaintiffs proof, Ms. Bargnesi brought a motion to dismiss all claims against her client arguing that the plaintiff did not meet their burden of proof. The trial court granted the motion and her client was dismissed from the case prior to jury deliberations.
It is believed that this is the first directed verdict at trial in favor of a nursing home case in New York State.
Bargnesi Britt PLLC, has extensive experience defending nursing homes, hospitals, physicians and other medical providers in cases of alleged malpractice.
Please feel free to contact the firm if you would like additional information at info@bargnesi.com.
by Bargnesi BrittJulie Bargnesi Appointed to Council of the State University of New York at Buffalo.
Bargnesi Britt PLLC is proud to announce that Julie Bargnesi has been appointed to the Council of the State University of New York at Buffalo. The UB council serves as the primary oversight and advisory body to the university and its president. The council consists of nine members appointed by the governor of New York State and one student member.
by Bargnesi BrittCMS Prods Hospitals to Improve Discharge Info For SNFs & Home Health
A common obstacle in medical malpractice and LTC litigation is discrepancy between wound descriptions at the time of discharge and transfer between institutions. As highlighted here (CMS prods hospitals to improve discharge info for SNFs, home health, via McKnights) recent CMS guidance may improve the quality of discharge information received by post-acute providers, including as it relates to wounds, mental illness, durable medical equipment (including wound vacs), and patient care preferences.
by Bargnesi BrittCMS’ Anticipated Changes for Relaxing COVID-19 Vaccination Requirements
CMS published anticipated changes relaxing COVID-19 vaccination requirements for the staff of LTC Facilities. A copy of the policy and regulatory changes is available here:
Of note, the rule summary indicates that “CMS intends to encourage ongoing COVID-19 vaccination through its quality reporting and value-based incentive programs in the near future.”