COVID-19 Update: The attorneys at DeFrancisco & Falgiatano are dedicated to the health and well being of all. Our office will continue to remain open, but for the safety of everyone, we will conduct all business over the phone, via email, or through FaceTime if requested. We sincerely thank you for your interest in our firm and we wish everyone the best of health.

Articles Posted in Failure to Diagnose

Published on:

Like other types of personal injury and wrongful death cases, claims for medical malpractice must be filed within a certain period of time (called the “statute of limitations”), or else the claimant forfeits his or her right to pursue fair compensation. While there a few exceptions to this general rule, these exceptions apply only to very limited situations. In all other circumstances, a would-be plaintiff’s claim will be dismissed as time-barred if not filed within the limitations period. Hence, it is very important to talk to Syracuse medical malpractice attorney sooner, rather than later, if you or a loved one has been the victim of medical negligence.

Facts of the Case

The plaintiff in a malpractice lawsuit filed in the Supreme Court of Orange County was a woman who had a mammogram at the defendant medical facility in April 2015. The defendant radiologist reviewed the plaintiff’s mammogram and prepared a report recommending that the plaintiff have a biopsy, but, apparently due to some miscommunication or a lack of communication, the plaintiff did not actually undergo a biopsy until November 2015. The biopsy indicated the presence of cancer.

The plaintiff’s suit sought monetary compensation for lack of informed consent and medical malpractice; more particularly, the plaintiff asserted that the defendants had been negligent in failing to diagnose her with breast cancer and in failing to give her timely notification of the results of the radiologist’s report recommending a biopsy. The defendants’ filed a motion for summary judgment, which was granted by the trial court. The plaintiff filed an appeal, seeking review from the appellate tribunal.

Continue reading

Published on:

A Syracuse medical malpractice lawsuit can arise in many different ways. Sometimes, a claim of negligence involves an affirmative act taken by a doctor, such as operating on the wrong limb or leaving behind a piece of medical equipment in a patient’s abdominal cavity. Medical malpractice can also happen when a doctor fails to take a particular action, such as failing to refer a patient to a specialist for further examination and treatment.

Of course, simply failing to make a referral is not, in and of itself, negligence unless some harm befalls the patient as a proximate result. A common complaint in such situations is that the doctor’s failure to advise the patient to follow up with another physician resulted in a delayed diagnosis some type, such as cancer, and that the condition grew worse as a result.

Facts of the Case

In a recently decided case arising in the Supreme Court for Bronx County, the plaintiff was a man who filed a medical malpractice lawsuit against a doctor and others, asserting that the doctor had been negligent in not referring him to a urologist in a timely fashion. According to the plaintiff’s view of the case, this negligence created a delay, during which the plaintiff’s prostate cancer became worse, ultimately requiring him to undergo a radical prostatectomy.

Continue reading

Published on:

A Syracuse medical malpractice case may involve allegations against multiple defendants – a hospital, one or more doctors, and possibly other healthcare providers, as well. Generally speaking, the more defendants there are in a case, the more expensive and time-consuming the litigation is likely to be. For this reason, a plaintiff may opt to dismiss his or her claims against one or more defendants and proceed against those remaining.

In some cases, the defendants themselves may oppose such a measure and may file a cross claim aimed at keeping a co-defendant actively engaged in the lawsuit so as to have the option of shifting – or at least sharing – liability and blame if the case proceeds to trial.

Facts of the Case

A recent appellate case originating in the Supreme Court of Westchester County, the plaintiffs sought to assert a medical malpractice claim against a doctor and medical center following the death of their decedent from a stroke. According to the plaintiff’s complaint, the doctor (who was an emergency room attending physician at the medical center) negligently failed to recognize the symptoms of a stroke, thereby contributing to the decedent’s death. Four years after filing their suit, the plaintiffs signed a stipulation to discontinue their cause of action against the defendant doctor. However, the medical center did not agree to the stipulation and sought to amend its answer to add a cross claim against the doctor for indemnification and contribution. The doctor, in turn, amended his answer to assert similar cross claims against the medical center.

Continue reading

Published on:

Losing a loved one is one of the most painful experiences in life. When the loved one’s death was preventable, the situation is even more difficult. If you have recently lost a family member and have reason to believe that a doctor, nurse, or hospital’s negligence was to blame, you should talk to a Syracuse medical malpractice lawyer about the possibility of filing a claim in court.

Medical negligence cases are usually met with great resistance from the medical professional(s) who is accused of neglect, so it is important to consult with an attorney as soon as possible so that the case can be properly investigated, and evidence can be gathered to support the plaintiff’s case.

Facts of the Case

In a recent case, the plaintiff was a woman seeking compensation for the death of a man (presumably a family member) whom she alleged died due to the medical negligence of the defendants, a hospital, a doctor, and others. According to the plaintiff, the decedent presented to the defendant hospital for emergency care, went into cardiac arrest, and died three days later. Unbeknownst to the decedent, he was apparently suffering from a bacterial staph infection known as Methicillin Sensitive Staphylococcus Aureus (MSSA) and had been for several days. (A laboratory facility had failed to inform the defendant of his infection.) In response to the plaintiff’s allegations that the decedent’s death was caused by their failure to properly treat and diagnose him during the emergency visit, the defendants filed a motion for summary judgment. The Supreme Court, Bronx County, granted the defendants’  motion, and the plaintiff appealed.

Continue reading

Published on:

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.

Continue reading

Published on:

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.

Continue reading

Published on:

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.

Continue reading

Published on:

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.

Continue reading

Published on:

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.

Published on:

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.

Continue reading

Contact Information