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FrancesCiardullo

Special Counsel

"I find it deeply satisfying when I'm able to assist health care providers in finding solutions to their legal risk-management issues."

Overview

Biography

Fran primarily concentrates her practice on health care and risk-management issues. She routinely counsels physicians, physician groups, dentists, hospitals and health systems, nursing homes, and other providers on matters involving professional misconduct, professional liability, medical-staff issues, scope of practice, mandated reporting, peer review, and regulatory compliance. Fran also handles consent for treatment and surrogate decision making, patient care, EMTALA, and health-information privacy issues.

A former Town of Schroeppel town justice, Fran is also trained in alternative dispute resolution and has mediated and arbitrated a variety of civil actions and disputes. She routinely publishes industry articles and presents educational programs on legal matters to hospitals, medical and dental practices, and trade associations.

Bar Associations

  • American Bar Association, Health Law Section
  • New York State Bar Association, Health Law Section
  • Onondaga County Bar Association, Director, Memorial Observance Co-Chair, and Health Law Section Member
  • Central New York Women’s Bar Association, Former President

Selected Memberships & Affiliations

  • Barclay Damon’s Women’s Forum
  • American Health Lawyer’s Association
  • NY Judicial Committee on Women in the Courts, Fifth Judicial District
  • NYS Magistrate’s Association
  • Onondaga County Magistrate’s Association
Experience

Representative Experience

  • Serves as counsel to the largest writer of professional-liability insurance in New York State, providing legal risk-management services for insured physicians, dentists, hospitals, nursing homes, and other facilities.
  • Served as defense counsel in Balaklaw v. Lovell, a federal Second Circuit case involving the grant of an exclusive contract by a hospital to an anesthesia group. The case is now widely cited in health care antitrust litigation as an example of the principle of antitrust injuries.
  • Represented CNY hospitals in disputes involving medical staff membership and corrective action under the medical staff bylaws.

Prior Experience

  • Fager Amsler Keller & Schoppmann, LLP, Counsel
  • Costello, Cooney & Fearon, LLP, Partner
  • Town Justice, Town of Schroeppel

Selected Community Activities

  • Menorah Park of CNY, Inc. Board of Directors Member
  • NYS Office of Court Administration, Former Senior Faculty Instructor for Town and Village Justice Training Programs
  • The New School for Social Research, Graduate School of Management and Urban Policy, Former Health Care Administration Faculty Member
  • SUNY Health Science Center Medical Humanities Program, Former Lecturer
  • Syracuse University College of Law, Board of Visitors Member and Former Health Law Adjunct

Selected Honors

  • NYS Commission on Judicial Conduct, Appointed by Former Chief Justice Judith Kaye as Vice Chair, 2001-2004
Knowledge

Selected Speaking Engagements

  • Iroquois Health Care Alliance/Association, IHA Compliance Committee Forum, “Dealing With Difficult Patient Situations”
  • Empire State Association of Assisted Living 39th Annual Conference and Trade Show, “Accommodation of Disabilities and Language Interpreters"
  • SUNY Upstate Medical Center Department of Anesthesiology Resident Program, “Social Media in Health Care”
  • Buffalo Niagara Annual Dental Meeting, “Naked and Afraid in the Dental Office”
  • NY Chapter American College of Physicians, Buffalo District, “Pitfalls of Electronic Medical Records”

Selected Publications & Media

Alerts

Featured Media

Alerts

Massachusetts Paid Family Medical Leave Law: Employer Notification Obligations

Alerts

Sweeping Amendments Impact Medicaid Fraud Control Units After 40 Years

Alerts

NYS Appellate Court Holds That Whether Provision in Construction Contract Required Additional Insured Coverage Presented Question of Fact

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