Medical Malpractice

Published on: January 31, 2019

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

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.

Published on: January 28, 2019

New York Appellate Division Affirms Summary Judgment to Doctor in Otolaryngology Malpractice Lawsuit

by Jeff DeFrancisco

New York medical malpractice lawsuits can involve many different types of injury to the body – even wrongful death. One recent case involved a claim brought by a woman who believed that she had suffered loss to her hearing and other injuries due to her doctor’s allegedly negligent treatment of an ear infection.

Unfortunately, both the trial court and the appellate court sided with the woman’s doctor, finding that no actionable medical negligence had occurred.

Facts of the Case

A case recently considered by the Supreme Court of the State of New York, Appellate Division, Second Judicial Department, involved a medical malpractice claim brought by the plaintiff patient against the defendant doctor seeking compensation for hearing loss that the plaintiff allegedly suffered due to the defendant’s negligent prescription of a certain medication to treat an ear infection. The plaintiff further averred that the defendant had failed to instruct her properly as to the administration of the drug at issue.

Published on: January 16, 2019

New York Court Reverses Spoliation Sanctions Against Medical Center Following Alleged Malfunction of Opioid Medication Pump

by Jeff DeFrancisco

It is not unusual for a New York medical malpractice lawsuit to evolve into multi-faceted litigation involving several defendants and multiple theories of liability. For instance, a medical negligence lawsuit against a doctor or hospital could, under certain circumstances, grow to include a possible product liability lawsuit against the maker of an allegedly defective medical device.

Facts of the Case

In a case recently ruled upon by the New York Supreme Court, Appellate Division, Fourth Judicial Department, the plaintiffs were a former medical patient and the patient’s husband. According to their complaint, filed in the Supreme Court of Niagara County, the patient was admitted to the defendant medical center for surgery in 2008. After her surgery, the patient was given a patient-controlled analgesia infusion pump that allowed her to self-administer pain medication with the push of a button. The pump was supposed to have a “maximum dosage” feature, but, after using the pump without incident for several hours, the patient suffered an adverse medical event that necessitated her receiving an emergency opioid-reversing medication and being transferred to intensive care for additional treatment.

The plaintiffs filed suit in 2011, seeking compensation for the alleged negligence and medical malpractice of the defendant medical center and others. In an amended complaint, the plaintiffs sought monetary damages from the manufacturer of the pump, but that litigation stagnated because the medical center could not identify which of the 12 pumps it possessed was the pump that allegedly harmed the plaintiff. Eventually, the trial court dismissed the complaint as to the manufacturers, but the appellate court reversed that decision. On remand, the plaintiffs moved for sanctions against the medical center for spoliation of the pump. The trial court granted the plaintiffs’ motion for an adverse inference charge at trial as a sanction for its spoliation of evidence. The medical center appealed.

Published on: November 16, 2018

Errors in Medical Records Can Lead to Malpractice Claim

by Jeff DeFrancisco

Accurate and complete medical records are critical to providing safe and proper medical care to patients. If you suspect that your medical injury was the result of an error or omission in your medical record, you need to contact a skilled Syracuse medical malpractice attorney as quickly as possible. At DeFrancisco & Falgiatano Personal Injury Lawyers, we will critically evaluate the circumstances of your case to determine if malpractice occurred as well as your eligibility for compensation.

Errors in Medical Records

When an elderly couple moved to the other side of the country, they brought their medical files with them in a few cardboard folders. Within two days after the move, the man fell and went to a hospital for an assessment. While waiting to see a doctor, the man looked through the folder and realized that there were extensive notes on another patient with the same name. That patient to whom the file rightfully belonged had much more serious and complex health problems than the man who had possession of the file.

Published on: November 9, 2018

Syracuse Medical Spa Malpractice

by Jeff DeFrancisco

Medical spas are more popular than ever both in New York and across the country. If you have been injured at a medical spa, you may be eligible to recover compensation for the harm you suffered. At DeFrancisco & Falgiatano Personal Injury Lawyers, our hard-working Syracuse medical malpractice attorneys have knowledge in this area of law and can make a determination about the viability of your claim. If we take on your case, you can be confident knowing that we will vigorously advocate for your rights throughout the entire legal process.

Medical Spas

Medical spas are unique in that they try to combine the classic spa elements with medical procedures to leave people looking and feeling their best. In short, these facilities try to rejuvenate the patient. Med spas typically offer a wide range of medical procedures such as facials, facial peels, laser hair removal, Botox injections and sometimes plastic surgeries.

Sadly, while med spas aim to make people feel refreshed, they may injure customers due to careless or unsafe practices within the facility. When medical spas do not adhere to proper safety standards or are careless when performing procedures, customers can suffer scarring, disfigurement and even result in life-threatening conditions. In the most serious cases, medical spa errors can lead to death.

Published on: October 25, 2018

Malpractice Related to Peptic Ulcers in Syracuse

by Jeff DeFrancisco

Peptic ulcers can be painful and cause serious discomfort for a patient. If you or a loved one has suffered an injury related to the diagnosis or treatment of a peptic ulcer, you may be able to recover damages through a medical malpractice claim. At our firm, we believe that medical professionals should provide competent care to each and every patient. When this does not happen and you suffer harm, we will help you hold the negligent medical professional accountable.

What is a Peptic Ulcer?

Peptic ulcers, also known as stomach ulcers, are quite common and affect approximately 4 million Americans every year. A peptic ulcer is a lesion of the digestive tract, generally in the stomach or duodenum caused by the digestive action of pepsin and stomach acid. In other words, peptic ulcers refer to open sores that grow on the inner lining of your stomach and the upper part of your small intestine. The most common symptom associated with peptic ulcers is stomach pain associated with indigestion and gas.

A perforated ulcer occurs when an ulcer is untreated and burns past the wall of the stomach or other parts of the gastrointestinal tract, permitting digestive fluids and acid to spill into the abdominal cavity. The first symptom of a perforated peptic ulcer is typically an abrupt, serious, sharp pain in the stomach. A perforated ulcer will typically require immediate surgery.

Published on: October 21, 2018

Family of Patient who Committed Suicide Wins Medical Malpractice Claim

by Jeff DeFrancisco

A medical professional should never take mental illness lightly as it can lead to serious consequences such as suicide. A physician who fails to follow proper protocol to prevent a suicide may be liable for medical malpractice under New York law. If your loved one committed suicide and you believe it could have been prevented by a medical professional, you need to contact one of our reputable and hard-working Syracuse medical malpractice attorneys.

A Staten Island jury has awarded almost $10 million to the family of a man who took his own life six years ago after a doctor allegedly did not properly identify and treat his severe depression and anxiety. The patient had told the physician of his intensifying symptoms of panic attacks, depression, fatigue, extreme worry, concentration issues and weight loss getting worse in the days leading up to the suicide. According to the patient’s family, however, the doctor failed to recognize the patient’s condition was dire and did not properly assess the situation, which ultimately led to the patient’s suicide. The jury award was for the patient’s son and daughter’s loss of parental care and guidance, pain and suffering and lost earnings and benefits.

Medical Malpractice and Suicide

Medical professionals are trained to recognize warning signs associated with suicidal inclinations. In some cases, the patient has actually stated that he or she is feeling suicidal. When these signs are present, medical professionals are required to act in any way needed to avert the patient from harming him or herself. When a medical professional fails to act in a manner that would prevent the individual from harming him or herself, that medical professional may be liable for medical malpractice.

Published on: October 17, 2018

Migraines/Headaches and Medical Malpractice in Syracuse

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.

Published on: September 28, 2018

Study Shows Physician Burnout is on the Rise

by Jeff DeFrancisco

When physicians are overworked and generally fatigued, they are more likely to make mistakes on the job. These mistakes can seriously injure, even kill, their patients. If you were injured because of a healthcare professional’s error or negligence, you need the help of a seasoned Syracuse based medical malpractice attorney who can weigh the strengths and weaknesses of your claim. With a broad range of experience in New York medical malpractice law, we are devoted to protecting the rights of our clients throughout the legal process.

Physician Burnout Happening at Alarming Rates

The results for the Physicians Foundation’s national physician survey administered by Merritt Hawkins were recently released and they highlight how physician burnout is an alarming issue among doctors. In fact, physician burnout has increased over the past few years to the extent that about 77.8 percent responding physicians reported that they sometimes, often or always experience it in their medical practices. Approximately 39.2 percent of physicians in the study noted that among the least satisfying aspects of their medical practice was the Electronic Health Record design and interoperability problems they encountered. Only 28.6 percent of respondents actually attributed improved quality of care to EHRs.

Medical Malpractice Cases in Rochester

Physician burnout can significantly increase the risk of medical errors. If you were injured due to a medical professional’s error in judgment or carelessness, you can recover compensation via a medical malpractice lawsuit. Medical malpractice is the failure of a medical professional to provide care for someone in accordance with the accepted standards of the medical profession. When this failure results in injury or death to a patient, the medical professional will be liable for malpractice. Consider the following example: a surgeon performs knee replacement operation on the wrong knee. In such a scenario, the patient will have gone through unnecessary surgery, will require additional surgery for the problematic knee and will suffered pain and suffering for the mistake. The idea of medical malpractice law is the patient who suffers such wrongs at the hands of a medical professional deserves to be compensated for the harm. Continue reading

Published on: September 25, 2018

Appeals Court Dismisses Malpractice Case Alleging Cancer Misdiagnosis

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.