Medical Malpractice

New York Appellate Court Says Medical Malpractice Case Should Not Have Been Dismissed, Despite Failure to Depose Doctor According to Discovery Schedule

Published on: February 25, 2019 | By Jeff DeFrancisco

Filing a Syracuse medical malpractice lawsuit is a complex endeavor that requires strict compliance to a great many procedural rules. While there may be limited instances in which compliance with a particular requirement may be excused under the circumstances of a given case, this is by far the exception rather than the rule. The burden is usually on the plaintiff not only to prove his or her case but also to convince the court that an exception should be made if a deadline was missed or another procedural rule was not complied with.

Facts of the Case

In a recent case, the plaintiff was the administratrix of the estate of a woman who allegedly died due to the negligence of the defendant hospital. The plaintiff filed a medical malpractice and wrongful death lawsuit against the defendant, and the trial court entered an order setting forth the discovery obligations of the parties. Although a particular doctor’s deposition was supposed to have taken place by a certain date, this apparently did not happen. Thereafter, the defendant filed a motion to dismiss the plaintiff’s complaint pursuant to New York Consolidated Laws, Civil Practice Law and Rules 3126(3). The Supreme Court for New York County entered an order granting the defendant’s motion and dismissing the plaintiff’s complaint. The plaintiff sought review from the intermediate appellate court of New York.

New York Appellate Division Grants Summary Judgment to Hospital in Case Alleging Bedsore Was Caused by Medical Negligence

Published on: February 20, 2019 | By Jeff DeFrancisco

Medical malpractice is rampant in New York and elsewhere in the country. However, unless an injured person (or the estate of a deceased patient) files a timely complaint for medical negligence and is able to offer proof from a competent medical expert witness regarding the standard of care and the defendant doctor or hospital’s deviation therefrom, the injured person or his or her family will not be able to recover monetary compensation.

Thus, it is very important to talk to a knowledgeable New York medical malpractice lawyer as soon as possible if you suspect that you or a loved one has been the victim of negligence by a medical professional.

Facts of the Case

In a recent case, the plaintiff was the administrator of a woman who developed a severe sacral decubitus ulcer (i.e., a pressure ulcer or “bedsore”) while under the care of the defendant hospital. According to the plaintiff’s complaint, the development of the ulcer was due to the defendant’s negligence. The defendant, however, claimed that the decedent’s ulcer was unavoidable under the circumstances and filed a motion seeking summary judgment as to the plaintiff’s medical malpractice claim against it.

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.

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

Published on: January 28, 2019 | 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.

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

Published on: January 16, 2019 | 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.

Errors in Medical Records Can Lead to Malpractice Claim

Published on: November 16, 2018 | 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.

Syracuse Medical Spa Malpractice

Published on: November 9, 2018 | 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.

Malpractice Related to Peptic Ulcers in Syracuse

Published on: October 25, 2018 | 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.

Family of Patient who Committed Suicide Wins Medical Malpractice Claim

Published on: October 21, 2018 | 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.

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.