Dughi, Hewit & Domalewski, P.C. is proud to announce that Robert J. Brass will moderate and speak, and Brandon D. Minde will speak, at the 18th Annual NJICLE Criminal Law Institute on Saturday, November 16, 2024. Both Mr. Brass and Mr. Minde are past-Chairs of the NJSBA Criminal Law Section and Past Trustees of the NJSBA.
The 18th Annual Criminal Law Institute will bring together the state’s most respected judges and attorneys for a discussion on today’s most important topics in criminal law, including pertinent discovery issues and the latest on artificial intelligence for criminal practitioners. The annual ethics segment will address ethical issues specific to criminal law practitioners.
Mr. Brass, who is Of Counsel with Dughi, Hewit & Domalewski, is a former New Jersey Deputy Attorney General, Supervising Middlesex County Assistant Prosecutor, and Essex County Assistant Prosecutor, and will moderate the panels on “Ethics for Criminal Practitioners” and “AI Update for Criminal Practitioners”; and, he will speak on the topics of “Discovery Issues” and “Pre-Trial Motions and Plea Negotiations”.
Mr. Minde, who is the head of Dughi, Hewit & Domalewski’s criminal law department, is a former Essex County Assistant Prosecutor and is certified by the Supreme Court of New Jersey as a Criminal Trial Attorney, will speak on the “Ethics for Criminal Practitioners” panel.
For more program information and to register: 18th Annual Criminal Law Institute
Craig A. Domalewski represented the Special Investigation Committee and the Medical Executive Committee of a Hospital Medical Staff in holding a physician accountable for breaching medical standards, compromising patient safety, failing to comply with Medical Staff By-Laws, and failing to cooperate in the investigative process. As a result, the physician’s privileges were immediately suspended and his membership on the Medical Staff was revoked by the Medical Executive Committee. The actions of the Medical Executive Committee were unanimously upheld by a Hearing Panel following a contested Fair Hearing. Mr. Domalewski also successfully defeated the physician’s application in the Superior Court for a preliminary injunction to enjoin his suspension.
While the case arose from an alleged negligent surgery and removal of the wrong internal organ, a critical component of the case was the physician’s failure to properly disclose the true surgical outcome to the patient and to provide accurate and complete information to the Special Investigative Committee created by the Medical Staff to investigate the incident.
The Special Investigative Committee found that the physician breached ethical duties, the standard of care, and the Medical Staff By-Laws when he failed to properly disclose the surgical outcome to the patient and failed to fully cooperate in the investigation. As a result, the Medical Executive Committee recommended a permanent revocation of his Medical Staff membership and imposed an immediate suspension of privileges pending any request for a Fair Hearing by the physician. Mr. Domalewski counseled the Special Investigative Committee and the Medical Executive Committee during the investigation and internal consideration of the allegations.
The physician contested the Committee’s findings and requested a Fair Hearing in accordance with the Medical Staff By-Laws. The physician also filed a Complaint in the Superior Court and sought a preliminary injunction to enjoin the immediate suspension of privileges and to litigate the issues in Court. Mr. Domalewski successfully defeated the physician’s application for a preliminary injunction and the Court rejected the physician’s argument to overturn the immediate suspension pending the outcome of the Fair Hearing.
The Medical Executive Committee formed a Hearing Panel of three physicians and a retired Superior Court Judge to conduct the Fair Hearing in accordance with the Medical Staff By-Laws. The Hearing Panel conducted a Fair Hearing over 6 days, involving the testimony of 14 witnesses, dozens of documents, and written and oral summations by counsel. The Hearing Panel unanimously affirmed all findings of the Special Investigation Committee and the decision by the Medical Executive Committee to revoke the physician’s Medical Staff membership and to impose the immediate suspension of privileges pending any further appeals by the physician. Mr. Domalewski represented the Medical Executive Committee before the Hearing Panel in holding the physician accountable, including the preparation and direct examination of the Medical Executive Committee’s witnesses and the cross examination of the physician’s fact and expert witnesses.
Craig A. Domalewski has significant experience representing hospital and hospital medical staffs in a wide variety of cases, including but not limited to disputes over physician privileges, Medical Staff Bylaws and related matters. Scott A. Hall also represented the Medical Executive Committee in this matter and worked closely with Mr. Domalewski during the Fair Hearing and related litigation. Ryan A. Notarangelo also represented the Medical Executive Committee in this matter and worked closely with Mr. Domalewski and Mr. Hall in connection with the preparation of the brief in opposition to the preliminary injunction application.
Dughi, Hewit & Domalewski, P.C. is pleased to announce that Craig A. Domalewski has been included in the 2025 edition of The Best Lawyers in America® for Commercial Litigation. Since it was first published in 1983, Best Lawyers has become widely regarded as the one of the most respected guides to legal excellence.
Lawyers on The Best Lawyers in America list are divided by geographic region and practice areas. They are reviewed by their peers based on professional expertise and undergo an authentication process to ensure they are in current practice and in good standing.
Read more about the Best Lawyers selection process.
No aspect of this advertisement has been approved by the Supreme Court of New Jersey. Prior results do not guarantee a similar outcome.
Dughi, Hewit & Domalewski, P.C. is pleased to announce that James F. Ferguson, the former Atlantic County Counsel, has joined the firm as Counsel in its Absecon office.
Mr. Ferguson brings a wealth of experience to DH&D. Prior to joining the firm, Mr. Ferguson served with distinction as the Atlantic County Counsel from January 1, 2003, to June 30, 2024. Over the course of his 20-year tenure with Atlantic County, Mr. Ferguson earned an outstanding reputation for his impeccable integrity, strong work ethic, and sound judgment.
As County Counsel, he was the Department Head of the Atlantic County Department of Law and supervised a staff of eight attorneys and 20 support staff. Mr. Ferguson oversaw all phases of the County’s legal work which included not only the representation of County Administration and the various County departments, but also representation of Atlantic County’s constitutional officers. During his service as County Counsel, Mr. Ferguson’s work activities focused mainly on the defense of the County’s liability claims under Title 59 and workers’ compensation claims. For several years, he also personally handled the department’s labor law work, which included contract negotiation with 20 plus unions and involvement with union grievances, disciplinary matters, and unfair labor practice claims. These matters involved practice before agencies such as the New Jersey Civil Service Commission, the Office of Administrative Law (OAL) and the New Jersey Public Employment Relations Commission (PERC)
Mr. Ferguson achieved many significant accomplishments during his tenure as the County Counsel. He was instrumental in the formulation of the Atlantic County Insurance Commission (ACIC), consisting of Atlantic County, the Atlantic County Improvement Authority (ACIA), and the Atlantic County Utilities Authority (ACUA). In 2015, the ACIC became a member of the statewide, Counties Excess Liability Joint Insurance Fund (CELJIF) operating under the direction of PERMA. Following its inception, Mr. Ferguson served as the ACIC legal counsel until June 30, 2024. As legal counsel, he was responsible for overseeing the handling of the various liability claims; most of which implicate provisions of the New Jersey Tort Claims Act (Title 59). In addition, he was also involved in the procurement of ancillary lines of insurance coverage. He also was responsible for formulation of the plan which established the Central Municipal Court of Atlantic County. The court plan was approved by the New Jersey Administrative Office of the Courts (AOC) in October 2021 and this regional court, the first of its kind in the State of New Jersey, commenced operation in January 2022 with participation from ten of Atlantic County’s municipalities. The Court, now in its third year of operation, has realized cost savings for the participating entities.
Dughi, Hewit & Domalewski, P.C. is excited that Mr. Ferguson has chosen to continue his career with the firm. He will add significant depth and experience to the firm’s Absecon office and will be an invaluable addition to the firm’s public sector and general liability practice areas.
Dughi, Hewit & Domalewski, P.C. is proud to announce that Craig Domalewski will present a webinar for the New Jersey Hospital Association on the recently enacted Ensuring Transparency in Prior Authorization Act.
The Ensuring Transparency in Prior Authorization Act will take effect on January 1, 2025, and sets forth new standards and procedures for prior authorization that apply to both healthcare providers and payors to assure that all patients receive optimal care and are treated fairly. The new Act makes significant changes to the procedures and guidelines first created under the Health Claims Authorization, Processing and Payment Act for utilization management and treatment authorization decisions, communications and timelines concerning the same.
These changes will require providers to establish clinical criteria and guidelines for medical services and ongoing utilization review. The changes will have a major impact on the practice of medicine, the delivery of medical services to patients and the reimbursement paid to providers. This program is designed specifically for providers to assist them with preparing for the Jan. 1 implementation of the new provisions. The program will explain changes regarding prior authorization standards and timelines, new standards for utilization management policies and procedures, describe how the law applies to different healthcare providers and different health insurance and reimbursement plans and provide guidance on compliance with the new requirements.
The webinar will take place on September 17, 2024, at 1 pm.
You can register here: Ensuring Transparency in Prior Authorization Act: Understanding the Jan. 2025 Changes to HCAPPA
This program has been approved by the Board of Continuing Legal Education of the Supreme Court of New Jersey for 1.5 hours of total CLE credits.
Mr. Domalewski is the managing partner of Dughi, Hewit & Domalewski, P.C. He regularly represents hospitals, physicians, and other entities in connection with commercial disputes, regulatory matters, and compliance issues. His legal experience includes litigating a broad range of complex civil litigation matters involving insurance-coverage, commercial disputes, and healthcare-related issues, providing regulatory advice and guidance to hospitals and other entities subject to regulatory oversight, and negotiating commercial transactions.
On Thursday, September 12, 2024, Brandon Minde secured a defense verdict in a medical malpractice case following an 8-day jury trial in Essex County. Mr. Minde represented a board-certified dermatologist against allegations that he was negligent in the administration of bleomycin to treat recalcitrant and recurrent warts and that he failed to disclose the risks of Raynaud’s Phenomenon, a known side effect of bleomycin injections. Following treatment, the plaintiff alleged to have developed Raynaud’s Phenomenon.
Defendant testified to the reasons for his recommendation of bleomycin to treat plaintiff, his technique for injection, and his risk discussions with plaintiff. Mr. Minde presented the expert testimony of dermatologist Dr. Jonathan T. Wolfe that defendant’s decision to treat the plaintiff with bleomycin was proper, that he had properly administered the injection of the medication, and that he had obtained an informed consent following appropriate risk discussions. Mr. Minde also called Dr. Elliot D. Rosenstein as a rheumatology expert to dispute that the injection of bleomycin had caused plaintiff to develop Raynaud’s Phenomenon versus other alternative causes, including underlying autoimmune conditions.
The jury returned a defense verdict in favor of defendant on the issue of liability after less than one hour of deliberations and never reached the issue of causation.
Brandon Minde is a civil and criminal trial partner with Dughi, Hewit & Domalewski. His civil litigation and trial practice focuses on defending physicians, hospitals and healthcare providers in medical negligence claims, insurance and billing fraud investigations and claims, and in professional licensing matters before professional licensing boards. His criminal practice includes representing individuals and corporations undergoing criminal investigations or who have been charged with crimes. Mr. Minde is certified by the New Jersey Supreme Court as a criminal-trial attorney.
Mark Petraske recently obtained a directed verdict at the conclusion of plaintiff’s case after three weeks of trial. The case involved allegations that the plaintiff’s nerve root was injured during a posterior cervical spine decompression surgery performed by an orthopedic spine surgeon and a neurosurgeon represented by the firm. This surgery was done 4 months after another surgeon had done an anterior discectomy. The plaintiff argued that there was liability because he was a co-surgeon and responsible as a co-captain of the ship. Mr. Petraske successfully argued that this theory of liability was no longer valid in New Jersey and that the proofs against the surgeon had to stand alone. Mr. Petraske also argued that because the detached rootlets were viewed during the second surgery they were likely injured in a prior surgery. Mr. Petraske also argued that here was a lack of proof that the surgeon he used any instruments during the cervical spine decompression surgery on the injured side. The evidence that was put in during the plaintiff’s case demonstrated that he did not operate in that location. The Court agreed with the defense arguments and entered a directed verdict. The matter is continuing against the surgeons in the first and second surgeries.
Mark Petraske is the Co-Chair of DHD’s Medical Malpractice Defense Department. Mr. Petraske is a Certified Civil Trial Attorney and throughout his distinguished career has successfully represented healthcare professionals and institutions in professional negligence cases. Since March 2022, Mr. Petraske has started 17 trials, and secured 11 defense verdicts. Three cases involved mistrials due to plaintiff-related issues, one has been retried to a defense verdict. Three matters settled during trial for the initial offers. Two of the cases have resulted in published appellate decisions, along with two unpublished Appellate decisions in cases where he had secured dismissals on behalf of DHD’s clients.
Dughi, Hewit & Domalewski, P.C. recently obtained a dismissal of a lawsuit based on the Court’s application of the First-Filed Rule. The case involved complex issues and millions of dollars in alleged damages arising from a merger transaction. The firm’s clients – who were the nominal defendants in the New Jersey action – had previously filed a similar lawsuit in Delaware against substantially the same parties and sought to have the New Jersey action stayed or dismissed in deference to the earlier-filed Delaware action.
Under New Jersey’s First-Filed Rule, in the absence of special equities to retain jurisdiction, a state court will dismiss or stay a lawsuit if there is an already pending, substantially similar lawsuit in another state. In this matter, DHD demonstrated that the prior filed Delaware lawsuit was substantially similar to the subsequently filed New Jersey action and overcame arguments that special equities existed which would justify the New Jersey Superior Court retaining jurisdiction.
This was a very significant outcome for DHD’s client, as it eliminated a costly, two-front legal battle and ensured that the parties’ dispute will be decided in the forum selected by our clients.
Craig A. Domalewski handled this matter and successfully argued the motion to dismiss. Mr. Domalewski was assisted by Ryan A. Notarangelo on the brief.
Dughi, Hewit & Domalewski, P.C. is proud to announce that Brandon D. Minde, past-Chair of the NJSBA Criminal Law Section and Past Trustee of the NJSBA, will be the Moderator at the NJICLE Criminal Law College: Effective Strategies for 2024, July 11, 2024.
This program is designed for legal professionals at every level, this program is the best way to get up to speed – and stay up to speed – with the latest developments in New Jersey criminal law, including groundbreaking trends like artificial intelligence. The expert-led panels will equip you with the tools to achieve the best results for your clients, handle cases more efficiently, and stay at the forefront of legal innovation. From new methods to the latest courtroom developments, you’ll hear directly from New Jersey’s top experts as they share their expertise, techniques, and more.
The panels that Mr. Minde will moderate include: “Present Techniques That Work: Crafting Winning Narratives”; “Future Developments: Embracing AI in Criminal Law”; and “Past Trials: Lessons from the Legends.”
Mr. Minde is the head of Dughi, Hewit & Domalewski’s criminal law department, is a former Essex County Assistant Prosecutor, and is certified by the Supreme Court of New Jersey as a Criminal Trial Attorney.
