Barclay Damon
Barclay Damon

Frances A. Ciardullo

Frances A. Ciardullo

Special Counsel

p: 315.425.2866

f: 315.703.7313

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Syracuse Office

Barclay Damon Tower
125 East Jefferson Street
Syracuse, New York 13202

Fran counsels the firm’s clients on health care and risk management issues. She provides counsel to hospitals and health systems, nursing homes, physicians, physician groups, dentists, and other providers on professional misconduct, professional liability, medical staff issues, scope of practice, mandated reporting, peer review, and medical device matters. She also handles consent for treatment and surrogate decision-making, patient care, EMTALA, and health information privacy issues.

Fran presents educational programs on legal matters to hospitals, medical and dental practices, and trade associations. She is a sought-after lecturer on issues involving the intersection of law and medicine and has taught at the Syracuse University College of Law, Cazenovia College, the Institute for Health Care Ethics, State University of New York Health Science Center, New School for Social Research, and others. Fran is a prolific author and writes extensively on legal issues impacting the health care industry.

Fran also served for 22 years as the town justice for the Town of Schroeppel, New York. She was appointed by the chief justice of the State of New York to serve on the New York State Commission on Judicial Conduct, where she ultimately became vice chair. For many years, she was a member of the senior teaching faculty for the New York State Office of Court Administration.

Fran is trained in alternative dispute resolution and has mediated or arbitrated a variety of civil actions and disputes for the health care industry and others.

Representative Experience

  • Serve 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 Central New York hospitals in disputes involving medical staff membership and corrective action under the medical staff bylaws.

Practice Areas

Education

  • Syracuse University College of Law, J.D.,
    • Dean's List
    • Syracuse Law Review, Survey Editor
  • Cornell University, B.A.

Admitted To Practice

  • New York
  • U.S. District Court, Northern District of New York
  • U.S. District Court, Western District of New York
  • U.S. Supreme Court

Memberships & Affiliations

  • Onondaga County Bar Association Memorial Observance, Co-Chair
  • Onondaga County Bar Association, Director
  • New York State Commission on Judicial Conduct
  • Central New York Women’s Bar Association, President
  • New York Judicial Committee on Women in the Courts, Fifth Judicial District, Member
  • Magistrate Selection Committee, US District Court for the Northern District of New York, Member
  • American Bar Association, New York State Bar Association Health Law Section, Member
  • Onondaga County Bar Association Health Law Section, Member
  • Oswego County Bar Association
  • New York State Magistrate’s Association
  • Onondaga and Oswego County Magistrate’s Association
  • American Health Lawyer’s Association
  • Syracuse University College of Law Board of Visitors, Member

Civic Activities

  • Menorah Park of CNY, Inc., Board Member
  • Rabbi Jacob H. Epstein School of Jewish Studies, Inc., Board President
  • Congregation Beth Sholom Chevras Shas, Former Board Member
  • Syracuse Hebrew Day School, Former Board Member
  • New York State 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
  • The State University of New York Health Science Center, Medical Humanities Program, Former Lecturer
  • Syracuse University College of Law, Former Health Law Adjunct

Speaking & Publications

  • Iroquois Healthcare Alliance/Association, IHA Compliance Committee Forum, “Dealing With Difficult Patient Situations,” June 2018
  • Empire State Association of Assisted Living 39th Annual Conference and Trade Show, “Accommodation of Disabilities and Language Interpreters," May 2018
  • SUNY Upstate Medical Center Department of Anesthesiology Resident Program, “Social Media in Health Care,” Spring 2017
  • New York State Bar Association Health Law Journal, “Understanding Subpoenas: Guidance for Medical Providers,” Summer/Fall 2011
  • Medical Liability Mutual Insurance Company, Dateline, Editorial Staff and Contributor; representative articles:
    • “Alteration of Medical Records: Turning a Winner Into a Loser,” Fall 2016
    • “The Proper Use and Supervision of Certified Registered Nurse Anesthetists,” Fall 2015
    • “Responding to Requests for Electronic Copies of Medical Records,” Spring 2015
    • “New CLIA Amendment Allows Patients to Directly Access Laboratory Results,” Spring 2014
    • “The Duty to Preserve Electronic Information: Missing Data Can Hurt You,” Winter 2013
    • “The New HIPAA Omnibus Rule: What Has Not Changed for New York Providers,” Fall 2013
    • “Treatment of Minor Patients: Delegated Consent by Parents,” Fall 2012
    • “Elder Justice Act,” Spring 2012
  • Medical Liability Mutual Insurance Company, Dental Dateline, Editorial Staff and Contributor; representative articles:
    • “There Was a Flood/Fire/The Dog Ate My Records … What Do I Do Now?,” Fall 2016
    • “Communicating With Patients Who Have Limited English Proficiency,” Spring 2016
    • “The Use of Botox in the Practice of Dentistry Requires Caution,” Spring 2015
    • “Understanding Subpoenas,” Fall 2014
    • “Treatment of Minor Patients: Delegated Consent by Parent,” Fall 2014
    • “Powers of Attorney and Patient Records Explained,” Spring 2014
    • “The Duty to Preserve Electronic Information: Missing Data Can Hurt You,” Fall 2013
    • “Consent Issues: Nursing Home Patients in the Dental Office,” Fall 2013
    • “Documentation … Too Much of a Good Thing,” Fall 2013
  • Representative speaking engagements:
    • Buffalo Niagara Annual Dental Meeting, “Naked and Afraid in the Dental Office,” November 2016
    • Physician Insurers Association of America Dental Meeting, “Risk Management Issues in Tooth Extractions,” Spring 2016
    • New York Chapter American College of Physicians, Buffalo District, “Social Media in Health Care,” May 2015
    • New York State Dental Association New Dentist Conference, “Risk Management Issues in the Dental Office,” Fall 2014 and Spring 2012
    • New York Chapter American College of Physicians, Buffalo District, “Pitfalls of Electronic Medical Records,” Fall 2014

Prior Experience

  • Fager Amsler Keller & Schoppmann, LLP, Attorney, Health Care Law and Risk Management
  • Costello, Cooney & Fearon, LLP, Partner, Hospital & Health Care Law

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