Articles Posted in Failure to Diagnose

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A Syracuse medical malpractice case begins with the plaintiff filing a lawsuit against the allegedly negligent doctor, hospital, or another medical provider. The defendant(s) then files an answer, addressing each of the allegations made by the plaintiff in his or her suit.

From there, the case typically proceeds to the discovery phase of litigation, a time during which each party has an opportunity to send written interrogatories and requests to produce documents to the other. These are usually followed up by depositions of the parties and their respective medical expert witnesses. If the parties cannot agree on the handling of the discovery phase of the litigation, it is likely that one or both parties will seek the court’s help, sometimes by a motion to compel.

Facts of the Case

In a recent case, the plaintiffs were a husband and wife who sued several defendants, including a hospital, a medical doctor, and a radiology group, asserting a claim for medical malpractice due to the defendants’ alleged negligence in the treatment of the male plaintiff and seeking monetary compensation for the plaintiffs’ damages resulting from the defendants’ conduct. During the pre-trial phase of the case, a dispute arose between the parties with regard to whether the defendant doctor should be compelled to attend a further deposition and answer certain questions regarding certain subsequent medical treatment of the male plaintiff.

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A doctor or healthcare provider’s failure to diagnose and/or properly treat a pulmonary embolism can result in a Syracuse surgical malpractice claim. Potentially life-threatening, a pulmonary embolism occurs when a blood clot (usually from another part of the body) blocks one of the pulmonary arteries in the lungs.

A pulmonary embolism can result in shortness of breath, chest pain, and cough; less common symptoms include irregular heartbeat, dizziness, sweating, swelling, and fever. If not promptly diagnosed or properly treated, a pulmonary embolism can cause serious injury or even death in some patients. Because surgery is one of the main causes of blood clots that result in pulmonary embolism, it is especially important that surgeons take measures to prevent, recognize, and/or treat such conditions in their patients.

Facts of the Case

The plaintiff in a recently decided case arising in the Supreme Court of New York County was the administratrix of a 49-year-old woman who died from a pulmonary embolism that was allegedly caused by bilateral deep vein thromboses in her legs. According to the plaintiff’s complaint against the defendants (a family medicine physician, a cardiologist, and others), the decedent’s condition developed after she underwent a two-day back surgery. Both the family medicine physician and the cardiologist consulted on the decedent’s care. They also allegedly reviewed certain electrocardiograms that showed T wave inversions. In the plaintiff’s view, the defendants deviated from good and accepted standards of medicine by failing to order additional testing in order to determine the cause of the decedent’s T wave inversion.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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