Articles Posted in Failure to Diagnose

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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.

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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.

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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.

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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:

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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.

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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 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.

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Your doctor hasn’t diagnosed you with skin cancer yet, but you can’t help feeling nervous. Sometimes, you’re almost paranoid. You know that cancer is often easiest to cure if it’s caught early, so you don’t want a delayed diagnosis to put you months or even years behind.

This can especially be an issue if cancer begins to spread. If not, localized treatments of skin cancer often work. Knowing that you have the disease as soon as you have it is important.

Now, all signs of cancer aren’t obvious. Below are a few subtle signs that you and your doctor should look out for.

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Failing to identify a stroke quickly can lead to a serious brain injury or death. People who suffer from these life-threatening conditions don’t have much time to seek help. They may be paralyzed, unable to speak clearly and confused.

There are many myths about strokes that could cause someone to misdiagnose them. For example, on myth is that you can identify a stroke by looking at a person’s tongue. If it’s crooked, that’s supposed to mean that they’re having a stroke. That’s not entirely true, though, and it is difficult to know what’s “crooked” for one person compared to the next.

Instead of listening to myths, it’s important for medical providers to follow the correct procedures for identifying a stroke. What are they?

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When a woman discovers she is pregnant, the visits to her New York health care provider will typically become more and more frequent, the closer she gets to the birth. The standard examinations and tests allow the doctor to identify the most commonly occurring pregnancy issues. According to the American Heart Association, for many women, these are not enough.

Research indicates that cardiac arrest kills approximately one out of every 12,000 American women who are admitted to the hospital for delivery. This does not include pregnant mothers who are not at the hospital when their heart malfunctions and stops beating. Researchers believe one problem is a lack of education for those who treat women suffering from cardiac arrest. For example, while CPR should be performed the same, a first responder, emergency room provider or staff member in the obstetrics department may not understand the minor differences in defibrillation protocols or other important details.

The AHA points out that there are many contributors to the increasing number of pregnancy-related fatalities, but statistics show cardiovascular disease is at the top of the list. This could be in part because of the number of high-risk pregnancies. The following health conditions could contribute to the likelihood of cardiac arrest:

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Your child came home wheezing, so you gave him some allergy medication and let him go to sleep. In the morning, he was still struggling to breathe, so you took him to the doctor. There, your doctor said he had a minor cold and prescribed cold medicine.

The next day, your child was still struggling to get a deep breath. Worried about the doctor’s lack of concern, you rush your child to the hospital. There, the emergency room attendant sends your child immediately into treatment for an acute asthma attack. Only a few minutes later, your child is being scanned for a collapsed lung and rushed into the operating room for treatment.

Fortunately, cases of collapsing lungs are often treatable, though they do open your child up to the risk of a collapsed lung in the future. Had the doctor you saw the first day realized the severity of your child’s condition, this may have been avoided, though. As your child struggled for air, the worsening asthma took its toll and caused the lung to collapse completely. Without treatment, the positive outcome you received at the hospital may not have been the case.

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