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Syracuse Medical Malpractice Lawyers

Medical Negligence Attorneys Serving Those Injured by Medical Professionals Throughout Upstate NY

Modern medicine has become a vast for-profit enterprise in which too many preventable errors occur. You and your family may be devastated by the lifelong impacts of these errors.

If you have suffered lasting harm or lost a loved one due to medical malpractice, you may be entitled to compensation for your injuries. It is important to consult with an experienced medical malpractice lawyer in Syracuse as soon as possible to ensure your rights are protected.

At DeFrancisco & Falgiatano Personal Injury Lawyers, we have a proven record of results in obtaining settlements and verdicts for people injured by medical mistakes in Syracuse and all over Upstate New York. Call us today for a free initial consultation. With offices in Syracuse, Albany, Buffalo, Rochester, New Hartford, Oswego, Watertown, Oneida, Binghamton and Cortland, we serve clients throughout Upstate New York.

"My mother died as a result of medical malpractice. From the beginning all the way to the end, Charles Falgiatano was a true professional and went above and beyond the call of duty... While I hope that no one has to suffer the loss that our family did, I would highly recommend that you call DeFrancisco & Falgiatano to help you and your family if needed." — Renee B.

What Is Medical Malpractice?

Medical malpractice occurs when a hospital, doctor, or other health care professional, through a negligent act or omission, causes an injury to a patient. The negligence might be the result of a variety of different which include errors in diagnosis, treatment, aftercare, or health management. To be considered a viable medical malpractice case, the claim must prove: (1) a violation of the standard of care (medical negligence); (2) causation; and (3) an injury. Causation is the link between the medical negligence and the resulting injuries.

What Are Some of the Most Common Types of Medical Malpractice?

Some of the most common types of medical malpractice include:

  • Failure to diagnose or misdiagnosis of various conditions
  • Failure to diagnose cancer
  • Failure to diagnose heart disease
  • Birth injury malpractice
  • Emergency room negligence
  • Primary care physician malpractice
  • Misreading or ignoring laboratory results
  • Surgical errors or wrong site surgery
  • Anesthesia errors
  • Improper medication or dosage
  • Poor follow-up or aftercare
  • Premature discharge
  • Failure to take an appropriate medical history
What Is the Statute of Limitations for Medical Malpractice?

Generally, in New York, a medical malpractice lawsuit must be commenced within two years and six months (2 ½ years) from the date of the alleged malpractice. If the medical malpractice action involves a wrongful death claim it must be commenced within two (2) years of the death. However, there are exceptions that may be applicable which can reduce or extend the time within which a medical malpractice action must be started. To be sure what your statute of limitations is you should speak to an experienced lawyer as soon as possible.

Why Hire an Experienced Medical Malpractice Lawyer?

Medical malpractice is a specialized area of the law, so you want a lawyer who has extensive experience handling these kinds of cases.

The right lawyer will know how to locate, sift through, and analyze the immense amount of medical evidence that usually comes into play in a typical medical malpractice case. When a medical expert's help is needed, the lawyer should have an extensive list of qualified medical professionals to consult with.

An experienced medical malpractice lawyer should have knowledge of the medicine involved in your case, be confident in deposing or cross examining medical Defendants, have a familiarity with the medical defense lawyers, a positive reputation with the Courts, and they should have extensive experience dealing with the doctor's insurance carriers.

How Do I Win a Medical Malpractice Case?

Having an experienced medical malpractice lawyer is critical for your best chance of success. An experienced medical malpractice lawyer will have knowledge of the medicine, access to highly qualified and experienced medical professionals, they will be knowledgeable of the litigation process, and they will have the experience in presenting your case at trial.

If a medical malpractice case does not settle, and the case goes to trial, your attorney would present medical expert testimony to explain to a jury how the Defendant medical provider deviated from generally accepted medical standards of care. Ultimately it will be up to a jury or a judge to determine if medical malpractice occurred.

What Are the Legal Fees for a Medical Malpractice Case?

Medical malpractice lawyers work under a contingency fee agreement, which means the lawyer's fee for representing the injured patient is paid as a percentage of any court award or settlement. So, if the claim can't be settled out of court, and/or if the medical malpractice lawsuit goes to trial and the patient loses, the lawyer doesn't get paid.

The most common contingency fee in New York for personal injury cases is 33 1/3% of the recovery. However, for medical malpractice cases in New York, the legal fees are paid on a sliding scale by way of state statute, so the fee is typically less than 1/3 of the recovery. However, because of the extensive work medical malpractice cases require, a Court could potentially increase the fee up to 1/3 upon petition. So, the bottom line is that the legal fees for a medical malpractice case will be 1/3 or less of the recovery.

What Happened to Cause You Harm?

Medical care is supposed to make people better, not worse. But sometimes the reverse is true. Medical professionals even have a term for this: "complications."

Sometimes these complications aren't anybody's fault. However, preventable injuries often occur due to medical malpractice. For example, not every hospital-acquired infection is caused by negligence. But if an infection occurred because a medical professional failed to follow protocols for proper hand hygiene – i.e., didn't wash his or her hands properly – that is different.

Our point is that an adverse medical event may be the result of negligence. And if you aren't sure and serious harm has occurred, it makes sense to discuss your case with a skilled medical malpractice lawyer at our Syracuse firm.

Whether it's a failure to diagnose cancer, an inexplicable birth injury or some other issue, we encourage you to get in touch with us to explore your legal options.

Why Are Mistakes so Common?

Medical malpractice occurs far more often than most people think. In recent years, researchers have increasingly called attention to the persistence and sheer size of the problem.

In November 1999, the Institute of Medicine, a respected medical research organization, released a highly influential report called "To Err Is Human." The report estimated that up to 98,000 people die in the U.S. every year due to medical errors that could have been prevented. Researchers now believe that the actual number is significantly higher than that.

Numerous factors contribute to the persistence of medical errors. They include:

  • Lack of continuity of care – The sheer size of present-day health care systems and the complexity of the treatments available are major challenges. Communication between medical professionals is often incomplete or nonexistent. Without continuity of care, patients can too easily fall between the cracks and be seriously harmed.
  • Flawed medical culture – Medical culture is still very top-down, with nurses and other professionals reluctant to speak up even if a doctor seems to be making a mistake. Doctors and other medical professionals are also reluctant to criticize each other, resulting in lack of reporting of medical errors. The fewer errors that are reported, the less safe our health care system is for patients.
  • Resistance to change – Cutting-edge research and innovative programs are increasingly available to reduce medical mistakes. The use of checklists, for example, has had documented success in preventing surgical errors. But many doctors and hospitals fail to take needed action to implement the new best practices.

The bottom line is that you don't need to naively trust medical professionals. If it seems like something went terribly wrong, call our Syracuse medical malpractice attorneys to discuss your situation. We can help you figure out what happened and take appropriate action.

Why Are Mistakes so Common?

Medical malpractice occurs far more often than most people think. In recent years, researchers have increasingly called attention to the persistence and sheer size of the problem.

In November 1999, the Institute of Medicine, a respected medical research organization, released a highly influential report called "To Err Is Human." The report estimated that up to 98,000 people die in the U.S. every year due to medical errors that could have been prevented. Researchers now believe that the actual number is significantly higher than that.

Numerous factors contribute to the persistence of medical errors. They include:

  • Lack of continuity of care – The sheer size of present-day health care systems and the complexity of the treatments available are major challenges. Communication between medical professionals is often incomplete or nonexistent. Without continuity of care, patients can too easily fall between the cracks and be seriously harmed.
  • Flawed medical culture – Medical culture is still very top-down, with nurses and other professionals reluctant to speak up even if a doctor seems to be making a mistake. Doctors and other medical professionals are also reluctant to criticize each other, resulting in lack of reporting of medical errors. The fewer errors that are reported, the less safe our health care system is for patients.
  • Resistance to change – Cutting-edge research and innovative programs are increasingly available to reduce medical mistakes. The use of checklists, for example, has had documented success in preventing surgical errors. But many doctors and hospitals fail to take needed action to implement the new best practices.

The bottom line is that you don't need to naively trust medical professionals. If it seems like something went terribly wrong, call our Syracuse medical malpractice attorneys to discuss your situation. We can help you figure out what happened and take appropriate action.

Birth Injuries

The birth of a child is a precious experience. It makes the world new again, full of hope, possibility and promise.

The joy and wonder can turn to immeasurable sadness when preventable birth injuries occur. And when those injuries are due to medical negligence, it is understandable for parents to also be full of anger and outrage.

Our law firm has successfully handled many birth injury cases against medical providers for the purpose of helping children receive the medical care and treatment they need along with compensation for the unnecessary injuries they have suffered. This includes cases involving:

  • Negligent prenatal care – Failure to detect and address gestational diabetes can put both baby and mother at risk of serious complications. For example, a baby with low blood sugar (hypoglycemia) can suffer seizures soon after being born. Gestational diabetes can also be related to preeclampsia, a condition in which a pregnant woman experiences high blood pressure and possible damage to the kidneys or another organ system. It can be fatal if left untreated.
  • Labor complications and delivery trauma – Doctors need to be prepared to respond to any complications that arise during labor and delivery. No matter how the baby is positioned in the womb, it is important to use proper care in delivery in order to avoid shoulder dystocia, which is a form of nerve damage.
  • C-sections – If there are signs that the fetus is in distress, it may be necessary to perform a C-section, even if that wasn't originally planned. This may be necessary to prevent brain damage to the baby if its oxygen or blood supply has been cut off. But doctors should also not be too quick to perform a C-section, because that too can cause complications.
  • Erb's palsy, Klumpke's palsy, cerebral palsy – The word palsy comes from the same root as paralysis and refers to tremors in the body that can't be controlled. If your baby has suffered one of these palsies, the cause may have been medical negligence during the birthing process.

The medical malpractice attorneys at our Syracuse firm know how sensitive birth injury cases are. We will be there for you every step of the way as you explore your legal options and take appropriate action accordingly.

Failure to Diagnose Cancer

The toll from cancer is relentless. According to the American Cancer Society, there were more than 1.6 million new cases diagnosed in 2015 and more than 589,000 deaths due to cancer. With such a risk of cancer becoming fatal, proper diagnosis is crucial. But far too often doctors fail to diagnose cancer in time – with catastrophic consequences. Why is that?

Medical researchers have begun to turn their attention to this question. A report by the respected Institute of Medicine last year estimated that overall, mistakes in diagnosis affect upwards of 12 million patients a year. Not all of these diagnostic errors are cancer cases, but many are.

A big part of the problem of failures in diagnosis is that doctors spend way too much time looking at computers updating electronic medical records, rather than interacting with patients and making a holistic judgment based on the unique person in front of them. The profit motive for big health systems also plays a role in this. Doctors often fail to make a carefully considered diagnosis because they're rushing from patient to patient, trying to maximize revenue.

Our Syracuse medical malpractice lawyers won't let such failures go unchallenged. We will listen to your situation and hold medical professionals accountable for the diagnostic failures that caused you and your family such grievous harm.

Our Track Record in all Types of Medical Malpractice Cases

We take pride in the outstanding track record we have built in recovering compensation for people injured by medical malpractice. This includes a significant amount of verdicts and settlements of $1 million or more.

Health is of the utmost importance. However, when our health or the health of a loved one is compromised, fair financial compensation is also important. For example, if your child suffered birth injuries due to medical negligence, it is crucial to consider the long-term care costs for the child.

If a loved one dies or there is a loss of support, financial compensation is critical to protect a family. As a matter of fairness, if someone is severely injured and is unable to enjoy life in the way they used to, financial compensation can at least make it easier to cope with the pain and suffering associated with those losses.

Our medical malpractice lawyers can help Syracuse residents pursue these cases in ways that aim to position you and your family for the long term.

Upstate New York Medical Malpractice Case Results

To learn more about the results of medical malpractice cases we have tried in Upstate New York local courts, please review the below links:

"As a result of medical errors, my spouse passed away. Needless to say this was a very significant loss for my young children and myself. I consulted with two attorneys, both of whom declined to take my case. I thereafter contacted Attorney Jeff DeFrancisco and within weeks a full workup of my case was completed and suit was filed. The insurance company refused to offer any compensation for my family's loss so we proceeded to trial. I was very impressed with Jeff DeFrancisco's preparation and representation at trial. After the 5th day of trial the insurance carrier settled my case through a confidential settlement. Mr. DeFrancisco went 'above and beyond' all my expectations. I would highly recommend Jeff DeFrancisco and I truly believe there is no better representation for personal injury matters." - S.M.

Free Initial Consultation With an Experienced Medical Malpractice Lawyer

To speak with a medical malpractice attorney in Syracuse about your case, call DeFrancisco & Falgiatano Personal Injury Lawyers at 833-200-2000 or contact us online. We offer evening and weekend appointments as well as home and hospital visits.

Client Reviews
★★★★★
"We were very impressed with how Jeff DeFrancisco represented us at trial and we were extremely happy when the jury found in our favor." D.M., Auburn, NY
★★★★★
"I suffered a serious injury as a result of medical malpractice. My husband and I retained Jeff DeFrancisco to assist us in this case. We were extremely happy with his representation and highly recommend him." Kelley R., Syracuse, NY
★★★★★
Since the insurance company was unwilling to settle the matter my case ultimately went to trial. At trial Jeff DeFrancisco did an absolutely amazing job by obtaining a very favorable result for me." T.H., Oneida, NY
★★★★★
"I highly recommend DeFrancisco & Falgiatano - Charlie represented me for a medical malpractice case. He is the best of the best. He is friendly and I am very happy with the representation he provided." Roger N., Oneida, NY