On October 8, 2019, the Appellate Division ruled that hospitals in medical malpractice actions can be required to produce a narrative statement identifying where, in the medical records, the facts of an “adverse event” are located even though the records are not lengthy and the facts of the event are evident and not buried in the records (so called Brugaletta Narrative named for the Supreme Court’s decision in Brugaletta v. Garcia, 234 N.J. 225 (2018).
Just last year, the New Jersey Supreme Court, in interpreting the New Jersey Patient Safety Act (“PSA”), N.J.S.A. 26:2H-12.23, refused to order the release of an investigative report developed during self-critical analysis, even if redacted. See Brugaletta v. Garcia, 234 N.J. 225 (2018). But, the Supreme Court commented that the PSA does not immunize from discovery information otherwise discoverable, such as the facts within the medical record which constitute the “adverse event” reviewed by the Patient Safety Committee. The Supreme Court held that, while plaintiff was not entitled to any part of the PSA-privileged Incident Report, plaintiff was entitled to a narrative summary of the factual information of the adverse event contained within the approximately 4,500 pages of medical records.
In the several months since the Brugaletta decision, these Brugaletta Narratives have become the subject of considerable motion practice as plaintiffs and defendants cannot agree on when plaintiffs are entitled to them – in all cases involving an adverse event occurring at a hospital (as urged by plaintiffs) or only in cases with voluminous records of complex medical cases (defense position).
Recently, the Appellate Division clarified when Brugaletta Narratives identifying the facts of an adverse event in a hospital records will be required. In Trella v. Bradish, MD (A-3039-18T3), the Appellate Division affirmed a Law Division decision ordering the defendant Newton Medical Center to provide plaintiff with a written narrative of any “adverse incident” in the hospital records. Defendant appealed, arguing that the Law Division erred in requiring a narrative because, unlike in Brugaletta, plaintiff’s medical records were neither voluminous nor complex and that the facts describing the adverse event were not discretely buried therein.
The Appellate Division, in a two judge decision, affirmed the Law Division’s order that defendant provide a Brugaletta Narrative, reasoning that nothing precludes the Court from ordering defendant to identify the facts of the adverse event in a hospital record, irrespective of the length or complexity of the medical chart.
Based on the Appellate Division’s decision in Trella, Brugaletta Narratives will be a routine discovery request by plaintiffs in medical malpractice cases, applicable to all cases involving an adverse event occurring in a hospital. Given that the facts of an adverse event are not privileged, and the lack of dissent in Trella, we do not expect the Supreme Court will take up this issue.
Dughi, Hewit & Domalewski, P.C. is proud to announce that Craig A. Domalewski has been selected, once again, for inclusion in the 2020 edition of Best Lawyers®, the oldest and most respected peer-review publication in the legal profession, for commercial litigation.
About Best Lawyers®
Best Lawyers is the oldest and most respected peer-review publication in the legal profession. A listing in Best Lawyers is widely regarded by both clients and legal professionals as a significant honor, conferred on a lawyer by his or her peers. For more than three decades, Best Lawyers lists have earned the respect of the profession, the media, and the public, as the most reliable, unbiased source of legal referrals anywhere.
Bail reform is a hot topic and the public safety assessment (PSA) is a pretrial risk assessment that was introduced through the Criminal Justice Reform Act. In an article published by New Jersey Lawyer magazine, attorneys Brandon Minde and Elizabeth Farrell explore how effective representation for your client now requires an understanding of the PSA and its role in the detention analysis.
This article was originally published in the June 2019 issue of New Jersey Lawyer, a publication of the New Jersey State Bar Association, and is reprinted here with permission.
Partners Craig Domalewski and Herb Kruttschnitt successfully obtained a dismissal with prejudice of a lawsuit filed against a nursing home by a former resident alleging negligence and fraud arising from an alleged improper referral to a home health care company. The firm thoroughly investigated the plaintiff’s allegations and, after establishing a factual record which refuted liability, vigorously defended the case and obtained a dismissal with prejudice for our client.
For forty years, Dughi, Hewit & Domalewski, P.C. has provided high-quality legal services to hospitals, nursing homes, physicians and other healthcare providers in a wide array of litigation, transactions, and regulatory matters.
Social media (e.g., Facebook, Twitter, Instagram) has impacted Americans’ lives in unpredictable and material ways and, unsurprisingly, now impacts preparing for and trying cases. As social media touches many aspects of the practice of law, effective and ethical advocacy now requires that every trial attorney develop social media literacy. In an article published by New Jersey Lawyer magazine, attorneys Brandon Minde and Elizabeth Farrell explore the role of social media in their recent federal trial and expand upon the lessons learned during the trial to help readers better prepare and navigate the use of social media in litigation.
This article was originally published in the April 2019 issue of New Jersey Lawyer, a publication of the New Jersey State Bar Association, and is reprinted here with permission.
The-Use-of-Social-Media-in-Preparation-For-and-During-Trial
Dughi, Hewit & Domalewski is proud to announce that it has added five attorneys to its civil litigation and trial team, including Mark Petraske and Herb Kruttschnitt as partners. Mark and Herb are highly-respected, experienced trial attorneys with outstanding records of courtroom success.
The firm is also pleased to announce the opening of a new office in Moorestown, New Jersey, to support our growth and to provide better service to our clients in South Jersey.
Shawna Bishop has also joined the firm as counsel. Shawna brings over seven years of experience and concentrates her practice on civil and complex litigation. Adam Ortlieb and William Meiselas have also joined the firm as associates. Both and Adam and William are experienced litigators and provide additional litigation support to the firm’s trial practice.
Dughi, Hewit & Domalewski is excited to add these five talented lawyers and the South Jersey office, which will allow us to continue providing our clients with the highest level of legal representation.
Trial partner John Dughi secured a defense verdict on behalf of a defendant neuroradiologist alleged to have injured the plaintiff’s nerve root during a lumbar puncture, resulting in permanent and severe back pain and headaches. The plaintiff was a 43-year-old married father of four and former high school and Ivy League scholar-athlete, claiming these injuries interfered with essentially all aspects of his life, from his career to his family life, and prevented him from engaging in any physical and athletic activities. Plaintiff’s last settlement demand was $5,000,000. Cyndee Allert sat second chair to Mr. Dughi in securing the win. The case was tried to a jury in the Union County Superior Court over the course of 7 trial days. Wolfe v. Volvovsky, Docket No. UNN-L-3204-14.
Dughi, Hewit & Domalewski, PC, is pleased to announce that Brandon Minde was elected Chair-elect of the Criminal Law Section of the New Jersey State Bar Association for the 2019-2020 term at the NJSBA Annual Meeting. Mr. Minde will become Chair of the Criminal Law Section for the 2020-2021 term. The Criminal Law Section deals with information and education concerning the improvement of the criminal justice system, and takes an active role in responding to developments which affect its membership and in suggesting methods through which the legal system can more effectively serve the interests of Criminal Law Section members and their clients.
Brandon is a partner with the firm, is certified by the Supreme Court of NJ as a Criminal Trial Attorney, and leads DHD’s criminal defense practice.
Trial partner Russ Hewit successfully defended a cardiologist in a wrongful death case brought by the estate of a 39 year old married father of one in the Essex County Superior Court. Plaintiff claimed the decedent had presented to the emergency room with signs and symptoms of an acute heart attack, including a significantly abnormal EKG, but was discharged home, where he died the next day. Plaintiff’s economist testified to projected loss of income and loss of care, guidance and advice to the surviving spouse and child of between $3.6 and $4.6 million. The case was tried to a jury over the course of two weeks in Essex County.
