News

by Bargnesi Britt

Legal Immunity For Healthcare Providers

Effective February 4, 2020 the Secretary of the Department of Health and Human Services has declared that any healthcare provider that has the responsibility and authority to respond to the coronavirus pandemic, including private sector employers, licensed health professionals, employees and volunteers are immune from liability under federal and state law.

This liability extends to all claims resulting from the administration or use of any drug, diagnostic, device or vaccine used to treat, diagnose, cure, prevent or mitigate COVID-19.

If you have any questions or require any additional information please contact Julie Bargnesi Esq. from the law firm of Bargnesi Britt PLLC at bargnesi@bargnesi.com. 

by Bargnesi Britt

Bargnesi 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 Britt

Bargnesi 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 Britt

Bargnesi 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 Britt

Medicare and Medicaid Programs: Revision of Requirements for Long Term Care Facilities: Arbitration Agreements.

Today CMS issued its final rule which allows pre- dispute arbitration agreements in nursing homes. Our firm has drafted dozens of arbitration agreements for nursing homes throughout New York State. Arbitration is a proven method to resolve disputes in a manner more efficient than traditional litigation.

by Bargnesi Britt

Attorneys 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.