Failure to Diagnose

Summary Judgment to Doctor in Medical Practice Lawsuit is Affirmed by New York Appellate Court

Published on: June 25, 2019 | By Jeff DeFrancisco

Pursuing fair compensation for an act of medical negligence involves many steps. In addition to the filing of a Syracuse medical malpractice lawsuit, there is the discovery phase of litigation, which is typically followed by the filing of motions for dismissal by the allegedly negligent doctors or hospital.

If the case survives this step, the next phase is trial, followed (in many cases) by an appeal.

Because medical malpractice lawsuits can be very lengthy and time-consuming, it is important to that a person who has been hurt by a careless doctor or other medical provider contact an experienced attorney as soon as possible.

Summary Judgment to Hospital in Medical Malpractice Suit Based on Failure to Timely Diagnose Was Reversible Error According to New York Appellate Court

Published on: April 26, 2019 | By Jeff DeFrancisco

In some Syracuse medical malpractice lawsuits, the allegation is that a defendant doctor or hospital failed to make a correct diagnosis within a reasonable amount of time under the circumstances.

A delay in treating a medical condition can result in significant harm and even death to a patient.

When a patient is able to prove a claim of medical negligence, he or she may request that the jury award money damages for medical expenses, lost earnings, pain and suffering, and other losses caused by the defendant’s failure to abide by the applicable standard of care.

Summary Judgment in Failure-to-Diagnose Stroke Case Reversed by New York Appellate Court

Published on: January 31, 2019 | By Jeff DeFrancisco

With the vast knowledge of the internet readily at our fingertips, it can be tempting these days to attempt to self-diagnose an illness or medical condition based on the particular symptoms that we have. However, we quickly learn that our symptoms may result from a wide array of medical conditions – a persistent headache could indicate anything from simple dehydration to a brain tumor.

That’s why a sensible person who is experiencing medical issues goes to an expert – a doctor or a hospital, depending on the severity of the symptoms. Unfortunately, many New York medical malpractice cases are filed annually due to the failure of these so-called medical professionals to correctly diagnose or treat a patient’s medical condition.

Facts of the Case

A recent appellate case heard in the Supreme Court of New York, Appellate Division, Fourth Judicial Department involved a medical malpractice claim made by a man who was seen by several different healthcare providers over an 11-day period in 2008. During this time, the plaintiff was told that he had sinusitis and an ear infection, among other things. When the plaintiff’s primary care physician finally saw the plaintiff, he immediately recognized the signs and symptoms of a stroke. The plaintiff sued several doctors and medical clinics, seeking monetary compensation for injuries he allegedly sustained due to their negligence in failing to properly diagnose and treat his medical condition.

Hepatitis C Malpractice in Syracuse

Published on: December 3, 2018 | By Jeff DeFrancisco

Hepatitis C can have serious and long-term consequences for a patient’s life and, in some cases, even lead to death. If you believe that you or a loved one was exposed to Hepatitis C due to the negligence of a medical professional, you could potentially be entitled to make a financial recovery. At DeFrancisco & Falgiatano Personal Injury Lawyers, our reliable Syracuse medical malpractice attorneys offer clients a free consultation to help them understand their legal options and avenues. With years of experience, we are committed to protecting the rights of clients across New York.

Hepatitis C is categorized as a virus that affects the liver and blood. The illness can range in severity from mild, lasting only a few weeks, to severe, lasting an entire lifetime. When it is serious, it can cause problems such as cirrhosis (scarring of the liver) and liver cancer. Hepatitis C is so dangerous because it can stay dormant outside the body until it enters a human being. In fact, most people have no symptoms but it can develop into a chronic infection. Unlike Hepatitis A and B, there is no vaccine for Hepatitis C. The condition can be deadly and is spread through blood contact, for example, through the use of dirty needles, poorly sterilized medical equipment and/or transfusions.

Filing a Medical Malpractice Claim for Hepatitis C

Medical professionals who cause patient harm due to carelessness or misconduct should be held accountable for their actions. If you believe that you were infected with Hepatitis C due to a medical professional’s negligence, we may be able to help you get the justice and compensation you deserve through a medical malpractice claim. Medical malpractice takes place when a healthcare provider fails to adhere to the standard of care that a reasonably competent healthcare provider would have used in the same or similar situation, thereby causing injury to a patient.

Migraines/Headaches and Medical Malpractice in Syracuse

Published on: October 17, 2018 | By Jeff DeFrancisco

Anyone who suffers from migraines knows just how debilitating they can be. These headaches can sometimes hinder a person’s ability to carry out even the most basic day-to-day tasks. If you or a family member has suffered an injury because of a medical professional’s failure to treat a migraine properly, you should contact our skilled Syracuse medical negligence advocates without delay. We will examine your situation and determine whether improper medical care played a role in your harm.

What is a Migraine?

A migraine is a primary headache disorder characterized by recurrent headaches that can range in severity and pain. A migraine typically lasts from four to 72 hours if it is untreated. These headaches may be rare or take place several times a month. During a migraine, you may experience pain on one or both sides of your head in addition to other symptoms such as nausea, vomiting and sensitivity to light, sound or smell. Migraines may be triggered by a variety of factors, including lack of sleep, changes in the weather, hunger, stress and other factors.

Appeals Court Dismisses Malpractice Case Alleging Cancer Misdiagnosis

Published on: September 25, 2018 | By Jeff DeFrancisco

A missed or delayed diagnosis of thyroid cancer can have devastating consequences for a patient. If this has happened to you or someone you love, we are here to serve you. Our diligent Syracuse medical injury lawyers have extensive experience in New York medical malpractice, including cases of thyroid cancer misdiagnosis. You can rest assured that we are committed to providing skilled legal representation to you every step of the way so we can secure the compensation you rightfully deserve for your harm.

Boland v. Imboden

In a recent New York medical malpractice case, a woman filed a medical malpractice lawsuit alleging her doctor was negligent in diagnosing thyroid cancer. On appeal, the doctor claimed that the New York State Supreme Court improperly denied her motion for summary judgment to dismiss the complaint against her. In support of her motion, the doctor had provided evidence including an expert’s opinion that she had adhered to the appropriate standard of care in the case. In response, the patient failed to raise a triable issue of fact to defeat the motion. While the patient did submit an affidavit in support of her case, the medical expert’s opinion in the affidavit was speculative, conclusory and not supported by competent evidence. In short, the patient failed to meet her burden of showing how the doctor violated the appropriate standard of care. As such, the appeals court granted the doctor’s motion and dismissed the complaints against her.

Liability in Thyroid Cancer Misdiagnosis Cases

Thyroid cancer is the fifth most common cancer in the United States. This type of cancer is highly treatable if it is detected early. In most cases, the detection of thyroid cancer involves a primary care physician taking patient complaints seriously. If any early signs of thyroid cancer come up, the doctor will refer the patient to an endocrinologist who will perform diagnostic testing such as blood work, scan and/or a biopsy.

Bladder Cancer Malpractice in Syracuse

Published on: July 2, 2018 | By Jeff DeFrancisco

Unfortunately, bladder cancer is often misdiagnosed. When this happens, the patient can suffer serious harm. If this has befallen you or someone close to you, you need to reach out to a skilled Syracuse medical malpractice attorney who can help. At DeFrancisco & Falgiatano Personal Injury Lawyers, we are committed to getting our clients the compensation they rightfully deserve in their cases. We have a long history of obtaining favorable results in New York medical malpractice cases.

The bladder, sometimes referred to as the urinary bladder, is a balloon-shaped organ in your lower abdomen near the pelvis. It stores urine from the kidneys until it is passed out of the body. Bladder cancer disrupts healthy cell-producing processes and causes malformed cells to multiply uncontrollably and spread to other parts of the bladder and body.

Bladder cancer accounts for 5 percent of all cancer and is the seventh leading cause of cancer deaths in the country. According to the Centers for Disease Control and Prevention, each year in the United States about 55,000 men and 17,000 women get bladder cancer, and about 11,000 men and 5,000 women die from the disease. Men are 4 times more likely than women to be diagnosed with the disease.

HIV Misdiagnosis in Syracuse

Published on: February 23, 2018 | By Jeff DeFrancisco

Medical professionals have an obligation to be diligent when diagnosing and treating patients. Unfortunately, this does not always happen and may result in a patient’s condition getting worse. If you or a loved one has been a victim of an HIV misdiagnosis, you may be able to pursue compensation through a medical malpractice claim. At DeFrancisco & Falgiatano Personal Injury Lawyers, our seasoned Syracuse misdiagnosis attorneys can review your case and help you navigate the legal process. You can rest assured we are here to answer your questions and address your concerns.

According to the Centers for Disease Control and Prevention, there were an estimated 37,000 new HIV infections in 2014. Human Immunodeficiency Virus (HIV) is a virus that is spread through certain bodily fluids and attacks the body’s immune system. Over time, HIV can destroy so many of certain cells that the body’s ability to fight off disease or infection is severely compromised. HIV is a lifelong condition with no cure, but the condition can be managed with proper medical care. An individual infected with HIV may or may not exhibit symptoms, which can lead to a delay in diagnosis and treatment. An HIV misdiagnosis can happen in a variety of ways, including a physician failing to carefully review the patient’s chart, blood test results being read wrongly and inaccurately conveyed to the patient, and initial test results being mixed up or labeled incorrectly.

For people who are not correctly diagnosed with HIV, the results can be devastating. Not only could they fail to get the treatment they need, but also they could unknowingly infect others with the virus. If your doctor missed a diagnosis or misdiagnosed you with HIV, you can likely file a medical malpractice claim against that physician. Medical malpractice occurs when a doctor causes harm because he or she fails to use the level of care that another doctor, with a similar background and training, would have used in the same situation. In order to win a malpractice claim, you must establish the following:

Patient Lawsuit Against New York Doctor for Failing to Diagnose Lung Cancer Allowed to Proceed by Appeals Court

Published on: November 10, 2017 | By Jeff DeFrancisco

Lung cancer symptoms may manifest themselves in a variety of ways, including regular coughing fits. The consequences of failing to timely diagnose cancer can have severe consequences, which include death. Sometimes people may seek the treatment of their physician because they know something is wrong, but the physician fails to truly appreciate the severity of their condition. In a 2017 New York cancer misdiagnosis decision, the plaintiff alleged, on behalf of the decedent, that the decedent’s physician failed to timely diagnose his lung cancer.

The defendant, a New York doctor, acted as the decedent’s doctor since 1989. The decedent came to her doctor several times in 2010 because of a cough she was experiencing. However, she was not diagnosed with lung cancer until she received an X-ray, which returned a grossly abnormal result. The decedent went to another hospital, which was not named as a defendant in the case, and was diagnosed with stage IV lung cancer.

The plaintiff filed the lawsuit in 2010, but the defendant argued that the claim was time-barred by the statute of limitations. The court acknowledged that the defendant established a prima facie case for judgment as a matter of law because the lawsuit was filed more than two and one-half years from the alleged acts and omissions that formed the basis of the failure to diagnose claim against the defendant. In response, the plaintiff argued that the claim should be allowed to proceed under the continuous treatment doctrine.

Crucial health warning signs new mothers should know

Published on: September 7, 2017 | By Jeff DeFrancisco

New mothers in New York are often overwhelmed caring for the needs of their babies, but it is important that mothers take time to check in with their own health, too. Health complications for new mothers can arise even after the birth is over and they are settling in back home.

NPR reports that 700 to 900 women die each year as a result of pregnancy or childbirth in the United States. Over half of these deaths are preventable, but a recent study found that even obstetric nurses were ill-informed of the risks and warning signs that mothers should be aware of after childbirth. More than 80 percent of obstetric nurses were unaware that most maternal deaths occur at home after the baby is born. But there is hope. Researchers found that shortcomings in medical knowledge could be overcome with simple education programs employed by hospitals for the nursing staff. They also found that sending new mothers home with a handout describing warning signs empowered new mothers to come back in for treatment before it was too late.

The Association of Women’s Health, Obstetric and Neonatal Nurses handout promotes awareness of postpartum health risks for new mothers and is available at Health4Mom.org. For some symptoms, women are encouraged to contact their medical provider. These symptoms include excessive bleeding, C-section or other incisions that are not healing, one leg becoming red and swollen, fevers or persistent headaches. For other symptoms, women should call 911. These include shortness of breath, chest pains, seizures and thoughts of self-harm or of hurting the baby. Caregivers, new mothers and loved ones who stay on the lookout for these symptoms can help avert tragedy.