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 BrittBargnesi Britt Prevails On Appeal
Bargnesi Britt recently secured an appellate victory in a medical malpractice case for a major local hospital system. In this case, we had successfully secured a summary judgment decision from the trial court dismissing the plaintiff’s claims against the hospital and its staff. The plaintiff appealed and argued that the hospital should face liability both for its staff and for…
by Bargnesi BrittBargnesi Britt Wins Partial Motion For Summary Judgment Limiting Hospital’s Liability:
While many are aware that hospitals can face liability for actions of their employed staff, some are surprised to learn that hospitals can also face liability for actions of medical providers who are independent contractors when a patient mistakenly believes the independent contractor was a part of the facility’s employed staff. Plaintiffs use this theory of liability to recover damages from a hospital when damages awards exceed the available insurance coverage of the independent contractor provider who actually treated the patient. The result is that a hospital can be liable for the plaintiff’s damages even though the allegedly negligent party was not the hospital’s employee.
Jason Britt recently secured a decision on a motion for summary judgment precluding a plaintiff from pursuing this theory of liability against a hospital in a medical malpractice action. This was an important decision as it ensures the hospital can only ever face liability for the actions of its staff, and not the other medical providers involved in the plaintiff’s care
by Bargnesi BrittBargnesi Britt Wins Motion For Summary Judgment:
Jason Britt recently secured a victory for a major local hospital when a judge dismissed the plaintiff’s lawsuit that alleged the hospital’s staff failed to provide proper post-operative care resulting in an infection requiring additional hospitalizations. Securing this decision through a motion for summary judgment allowed the hospital to avoid the costs that the hospital would have had to incur to vindicate its staff at trial.
by Bargnesi BrittAttorneys Bargnesi and Lynch to present on drone technology in healthcare in Asheville, North Carolina
Bargnesi Britt is excited to announce that attorneys Julie Bargnesi. Esq. and Adam Lynch, Esq. have been selected to present at this year’s International Association of Defense Counsel’s (IADC) Annual Meeting on July 10 in Asheville, North Carolina on the impact of drone technology in healthcare. IADC is limited to 2,500 invitation-only peer nominated members.
Drones, also referred to as unmanned aircraft systems (UAS), and drone regulations continue to develop at impressive speeds. The health care industry is beginning to recognize their potential and are looking for guidance on how to incorporate these technologies into their business strategies. Our panel’s presentation will delve into this topic and discuss some of the nuances of the UAS industry. Joining our panel will be several experts on drone industry: Peter Bordonaro, Esq., Darshan Divakaran, and Kevin Teen.