Articles Posted in Medical Malpractice

Medical errors can have devastating consequences for a patient’s future. If you were injured because of a healthcare provider’s mistake or negligence, you should speak to an experienced Syracuse medical negligence lawyer as soon as possible. Many times, medical malpractice cases revolve around the question of foreseeability, which can be complicated. However, with wide-ranging experience in New York medical malpractice law, we know how to investigate your claim and get the answers needed to build the strongest possible case on your behalf.

The Concept of Foreseeability in Medical Malpractice Cases

The New York Court of Appeals has held that foreseeability of risk is an essential element of a medical malpractice claim because a medical professional is only at fault when the injury-producing occurrence is one that could have been anticipated. The idea is that no person can be expected to guard against harm from events, which are unlikely to occur, or events that are merely possible in the grand scheme of things. In short, the concept of foreseeability optimizes the process of determining whether a medical professional was negligent or not.

It is important to note that foreseeability does not mean that the precise occurrence needs to be foreseen. Rather, the plaintiff must only show that a reasonably competent medical professional in the same specialty, and under the same circumstances, ought to have anticipated that injury might result from the negligent act in question. Continue Reading ›

When you go to a doctor, you expect to receive competent care. Unfortunately, this does not always happen. If you or a loved one has been injured due to the negligence of a healthcare provider, you may be entitled to compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, our diligent and hardworking Syracuse malpractice attorneys will evaluate your case and provide you with a realistic assessment of your claim, including timelines in your case.

The length of each medical malpractice case can vary significantly based on the specifics of the case. Some factors that affect the length of the case are the case’s complexity and factual strengths, as well as the court of jurisdiction. A medical malpractice case must go through a number of stages prior to being resolved. The following describes the stages of a typical medical malpractice suit in New York.

The Initial Consultation

If you suspect that you have been harmed due to the error, misconduct or wrongdoing of a medical professional, the first thing you need to do is reach out to a seasoned attorney. During the initial consultation, the lawyer will ask you a series of questions such as the medical condition that you were seeking treatment for; the treatment you actually received; and the physical, emotional harm you suffered. The lawyer will also ask you when your injury occurred, as there are strict deadlines to filing medical malpractice claims in New York, known as the statute of limitations. Continue Reading ›

Improper treatment of a patient can lead to devastating consequences. If you or a loved one was injured due to improper treatment, our skilled Syracuse medical malpractice attorneys can help. At DeFrancisco & Falgiatano Personal Injury Lawyers, we can perform an initial evaluation of your claim to determine whether your doctor, nurse, or other medical professional committed malpractice. With extensive experience, we have the knowledge base and resources needed to handle even the most complex malpractice cases.

A 2013 study published in the Journal of Patient Safety found that up to 444,000 patients die each year because of medical mistakes. This makes medical mistakes the third-leading cause of death in the country after heart disease and cancer. One type of medical error that can lead to serious patient injuries is improper treatment.

Improper medical treatment takes place when a patient receives treatment that is not sufficient to remedy their medical condition. An improper treatment claim typically involves other malpractice issues as well, including but not limited to failure to diagnose, failure to communicate test results, communication errors between doctors and nurses, and even medication errors. For example, improper treatment can stem from the wrong diagnosis.

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Kidney stones are said to be among the most painful conditions a human being can experience. When you are suffering from kidney stones, you want competent care and relief. Unfortunately, this does not always happen. If you or someone close to you has suffered complications due to a physician’s negligent diagnosis or treatment of kidney stones, you may be entitled to recover compensation through a medical malpractice claim. At DeFrancisco & Falgiatano Personal Injury Lawyers, our seasoned Syracuse medical malpractice attorneys can provide you with the guidance you need to file a malpractice claim.

Kidney stones are small, hard pebbles formed in the kidneys from minerals and acid salts. They can be as small as a grain of sand or as large as a pearl. Kidney stones pass through the urinary tract, from the kidneys to the bladder. Before passing them through urination, patients offer suffer extreme pain in the back, side, abdomen, or groin. According to the National Kidney Foundation, more than half a million people go to emergency rooms for kidney stone problems every year. In fact, the prevalence of kidney stones in the United States has increased in both men and women from 3.8 percent in the late 1970s to 8.8 percent in the 2000s.

When a doctor or other medical professional fails to diagnose kidney stones or uses unnecessary means to diagnose kidney stones, the risk of harm to the patient significantly increases. Typically, the diagnosis of a kidney stone starts with a medical history, physical examination, and imaging tests. The doctor will then decide how to treat your stone based on the size and location of it.

If you believe your liver disease became worse or accelerated due to medical malpractice, you need to reach out to a seasoned Syracuse medical malpractice attorney without delay. At DeFrancisco & Falgiatano Personal Injury Lawyers, we understand how challenging life can be with a liver disease. Our experienced team can guide you through the legal process of pursuing compensation for your medical injuries. You can rest assured that we can be your trusted legal advocates at every step of the way.

The term ‘liver disease’ applies to diseases and disorders that cause the liver to function improperly or stop functioning altogether. Irregular results of liver tests often suggest liver disease. Common liver diseases include:

• Liver cirrhosis:  this condition is a result of chronic liver disease that results in scarring of the liver and liver dysfunction. There is impairment of the blood flow through the liver that leads to excess fluid in the abdomen.

Sadly, medical malpractice can lead to serious and long-term harm for a patient. If you have been injured or harmed by a medical professional’s mistake, carelessness, or wrongdoing, you may be able to recover compensation through a medical malpractice claim. At DeFrancisco & Falgiatano Personal Injury Lawyers, our Syracuse medical malpractice attorneys can scrutinize the circumstances surrounding your injury and determine whether malpractice took place.

According to a recent report released by Diederich Health Care, entitled “2018 Medical Malpractice Payout Analysis,” New York topped the list for the most medical malpractice lawsuits in the country and in the Northeast with a total of approximately $617,973,000 in payouts. Second place in the Northeast is held by Pennsylvania with $342,093,300 in payouts, and New Jersey is at third place with $267,913,250 in payouts.

Examining the per capita cost in the case of New York, the numbers translate to approximately $32 per person for each resident of the state. The lowest per capita rate was Wisconsin, with about $2.33 for each resident of the state – a stark difference.

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Losing a loved one to suicide is a tragedy no one should have to face. The sad reality is that, in many cases, medical professionals could have prevented the suicide. If your loved one took his or her own life, and you believe a medical professional’s error or incompetence played a role in the suicide, you need to reach out to a diligent Syracuse psychiatric malpractice attorney without delay. While nothing can bring your loved one back, we can help you seek the justice and compensation you deserve to move on with your life.

Unfortunately, suicide is one of the leading causes of death among individuals under the age of 35 in the United States. According to the Centers for Disease Prevention and Control (CDC), suicide was the tenth-leading cause of death for all ages in 2013. CDC data reveals that males take their own lives at nearly four times the rate of females and represent 77 percent of all suicides. The sad reality is that, many times, suicide could be prevented. The National Institute of Mental Health reports that over 90 percent of Americans who die by suicide suffer from a treatable mental illness or substance disorder. Almost all suicides involve persons with a history of mental illness. In many cases, the person has attempted suicide before.

Suicide can take place in a variety of medical settings, ranging from an inpatient psychiatric facility to a hospital. Medical malpractice occurs in suicide cases when a medical professional, most likely a psychiatrist, fails to recognize that a patient presents an imminent risk of harm and fails to provide treatment accordingly. Put another way, malpractice occurs when a medical professional causes harm to a patient by failing to use the level of care and caution that a reasonably prudent medical professional in the same specialty would have used under the same circumstances. Establishing malpractice can be complex, but we understand what needs to be shown in order to win these cases.