New Hartford, NY Medical Malpractice Lawyers

DeFrancisco & Falgiatano, LLP is a law firm built on results. Devoted 100 percent to injury and wrongful death representation, we have secured well over $100 million in compensation for our clients. If you suspect that a medical condition or a loved one’s untimely death may be a result of medical malpractice, we want to help you stand up for your legal rights. Schedule a free consultation at our New Hartford, NY law offices today. Medical errors can have devastating consequences. When doctors, nurses, hospitals and other medical providers make mistakes, patients can suffer life-changing – and sometimes life-threatening – illnesses and injuries. At DeFrancisco & Falgiatano, LLP, our attorneys have collectively been representing individuals and families affected by medical malpractice in Upstate New York for more than 30 years. We understand what medical mistakes can do to families; if you have a claim for medical malpractice, we want to help you win the compensation you deserve.

About DeFrancisco & Falgiatano, LLP

With offices in New Hartford and throughout Upstate New York, DeFrancisco & Falgiatano, LLP is a medical malpractice law firm that provides personalized and results-oriented legal representation to clients who are suffering due to others’ mistakes. Our firm is by attorneys Jeff D. DeFrancisco and Charles L. Falgiatano, both of whom have earned numerous accolades for their accomplishments in personal injury and wrongful death representation. These accomplishments include recovering millions of dollars in compensation for clients suffering due to medical negligence, with numerous clients receiving multi-million-dollar and six-figure awards. At DeFrancisco & Falgiatano, LLP, we take pride in putting our clients’ interests first. We understand what is at stake for medical malpractice victims and their families, and we use aggressive case strategies that are designed to result in high-value settlements while also letting the hospitals and insurance companies know that we will not back down if forced to go to trial.

"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., Syracuse, New York

Over 30 Years’ Medical Malpractice Experience

With more than three decades of legal experience, we have seen it all when it comes to medical negligence in Upstate New York. Our attorneys regularly represent individuals and families in cases involving:

Orthopedic Medical Malpractice

Invasive orthopedic procedures carry numerous potential risks, and surgeons and medical staff must exercise extreme care to ensure that these procedures do not result in dangerous complications. Infections, sepsis, blood clots, nerve damage, and even spinal cord injuries can all result from orthopedic medical malpractice.

Pathology Malpractice

With misdiagnoses and failures to diagnose among the leading forms of medical malpractice, pathology errors are often at the center of patients’ and families’ claims for financial compensation. We work with trusted pathologists who review our clients’ test results and samples to help to identify instances of pathology malpractice.

Pediatric Malpractice

We have extensive experience in cases of pediatric malpractice. These are among the most tragic cases we handle, and in each case we work closely with the child’s parents to ensure that we pursue the best possible result in light of the facts at hand. We represent families in pediatric cases involving misdiagnosis, inadequate screening, medication errors, failure to refer children to specialists, and all other forms of medical malpractice.

Primary Care & Family Practice Malpractice

Primary care and family practice physicians play a critical and complicated role in patient care. Not only must they be able to screen patients for referrals to specialists, but they must also be able to fully diagnose and treat certain conditions, and they must provide appropriate preventive care based upon each patient’s unique medical and family history. Unfortunately, mistakes in these areas are common, and we routinely handle cases involving primary care and family physician malpractice.

Podiatry Malpractice

Podiatry malpractice includes failure to diagnose and treat osteomyelitis and other infections, failure to diagnose and treat nerve injuries, surgical errors, performing unnecessary procedures, and numerous other types of medical mistakes. We have handled numerous podiatry malpractice cases and can call upon our extensive experience to quickly and effectively assess patients’ claims for financial compensation.

Other Medical Malpractice Claims

Our attorneys’ experience also includes representing clients in New Hartford and throughout Upstate New York who are suffering and who have lost loved ones due to:

FAQs: Understanding Medical Malpractice Under New York Law

Q: How do I know if I have a claim for medical malpractice?

New York’s medical malpractice laws are complicated, and the only way to determine if you have a claim is to obtain personalized legal advice from an experienced attorney. At DeFrancisco & Falgiatano, LLP, we work with trusted physicians who are experts in diagnosing medical errors, and we rely on decades of legal experience to assess the value of our clients’ claims for compensation. Without this information, there is simply no way to know if you have a viable claim for medical malpractice.

Q: My misdiagnosis occurred three years ago. Can I still file a claim?

Possibly. While New York has a two-and-a-half-year statute of limitations for medical malpractice claims, there is a "discovery" exception that can extend the limitations period for unknown illnesses and injuries. We would encourage you to seek legal representation promptly so that you can maximize your chances of securing financial compensation.

Q: How common is medical malpractice?

Medical malpractice is extremely common – far more common than most people realize. In 2016, Johns Hopkins Medicine released a study in which it identified medical errors as the third-leading cause of death in the United States, accounting for more than 250,000 premature deaths annually. The number of non-fatal medical mistakes is astronomically higher. If you or a loved one has experienced unexplained symptoms following a visit to the doctor’s office, hospital, or pharmacy, you are right to be concerned about medical malpractice. Once again, we would encourage you to speak with an experienced medical malpractice attorney right away.

Q: Can I recover compensation for pain and scarring resulting from a surgical mistake?

Yes, assuming the mistake rises to the level of malpractice (i.e., it represents a departure from the relevant standard of medical care), you would be entitled to seek compensation for all of your financial and non-financial losses. Unlike some other states, New York does not have a cap on medical malpractice compensation. The compensation available in medical malpractice cases includes compensation for:

  • Past and future medical expenses
  • Past and future loss of income (including lost earning capacity)
  • Other financial costs (including prescriptions, payments to service providers, and modifications to your home)
  • Pain and suffering
  • Scarring and disfigurement
  • Mental anguish
  • Loss of consortium
  • Loss of enjoyment of life

Q: Is it expensive to hire a medical malpractice attorney?

No, or at least it shouldn’t be. At DeFrancisco & Falgiatano, LLP, we do not charge consultation or retainer fees, and our contingency-fee representation means you pay nothing unless we secure a financial recovery.

Results-Oriented Representation and a Track Record of Success

At DeFrancisco & Falgiatano, LLP, we are committed to securing justice for our clients. While we know that no amount of money can truly compensate for a debilitating medical condition or a loved one’s untimely death, we also know that recovering just compensation is a critical step on the road to long-term coping and recovery. In each case, we focus on securing maximum compensation as quickly as possible, whether that means negotiating a favorable insurance settlement or enforcing our client’s legal rights at trial. We believe our results speak for themselves:

  • $10,500,000 verdict for failure to diagnose cancer
  • $10,000,000 award for neurosurgical malpractice resulting in paralysis
  • $4,125,000 settlement for failure to diagnose fetal distress resulting in birth injury
  • $3,850,000 jury verdict for urology malpractice
  • $3,500,000 settlement for OB-GYN malpractice resulting in birth injury

See more examples of our medical malpractice case results. If you would like to speak with an attorney about filing a claim for medical malpractice in New Hartford, contact us to schedule your free initial consultation. You can reach us by phone at (315) 479-9000, or send us your contact information and we will be in touch as soon as possible.