Articles Posted in Medical Malpractice

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.

A failure to diagnose kidney disease in its early stages can have devastating consequences for a patient. In fact, it can lead to kidney failure requiring dialysis. If you or someone close to you has been harmed by a missed or delayed kidney disease diagnosis, we can help. At DeFrancisco & Falgiatano Personal Injury Lawyers, our diligent and reliable Syracuse misdiagnosis attorneys can meticulously analyze the facts of your case and pursue the appropriate compensation on your behalf.

In many cases, advanced kidney failure is preventable or treatable if it is properly diagnosed. Kidney disease can be difficult to identify, since it can be largely asymptomatic in the early stages. However, medical professionals are trained to recognize signs and symptoms of potential kidney disease and should be vigilant when doing their job. For example, protein in a person’s urine would signal a potential kidney issue. If your doctor notices this, he or she should refer you to a kidney specialist, known as a nephrologist. A nephrologist can identify the specific kidney disease a patient has and come up with a precise treatment plan.

If a kidney problem is not caught in a timely manner, it can become chronic kidney disease (CKD). CKD is the loss of kidney function over time. When the body can no longer remove waste and excess fluids from the blood through urine, the body can retain poisons that can be extremely harmful. This is the stage at which people start to need kidney dialysis, which is the process of manually filtering waste and toxins from the body.

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Plastic surgery is more popular than ever with millions of cosmetic procedures taking place every year. All surgery has risks, and plastic surgery is no exception. However, in some cases, things go horribly wrong, and the patient can suffer a serious injury. If you or someone close to you has been harmed due to the negligence of a plastic surgeon, it is important to reach out to a skilled Syracuse plastic surgery malpractice attorney who can assess the merits of your case. With years of experience, we understand how to navigate these types of claims.

Plastic surgery is reconstructive surgery that focuses on repairing damage or defects related to the face and body. Cosmetic surgery is a subset of plastic surgery. It is typically elective and is done to improve a person’s appearance. According to data released by the American Society of Plastic Surgeons’ annual plastic surgery procedural statistics, there were 15.9 million surgical and minimally invasive cosmetic procedures performed in the United States in 2015, a 2 percent increase from the prior year. Some common examples of cosmetic surgery include:

• Liposuction;

While some skin conditions can be minor, others can have dire consequences for a person’s health. When a dermatologist fails to understand, diagnose, or treat a patient’s skin condition, the patient can suffer severe injuries and, in the most serious cases, death. If you or someone close to you is in this situation, you need the help and guidance of a trusted Syracuse dermatology malpractice attorney. At DeFrancisco & Falgiatano Personal Injury Lawyers, we can meticulously analyze your case and determine whether or not malpractice occurred.

A new study published in the Journal of the American Medical Association found that female dermatologists were sued less often than their male counterparts. The report scrutinized features of medical malpractice claims against dermatologists from 1991 to 2015 and found that female dermatologists were sued less because they communicated with their patients more than the male doctors. Specifically, the female physicians would more often elicit and validate patient input, as well as provide encouragement and reassurance. As a result, male physicians were 2.5 times more likely to be sued for malpractice than their female contemporaries. In fact, nearly 70 percent of claims were against male physicians. Most claims were results of medical errors in skin operations, followed by misdiagnoses.

Dermatology errors can happen in a variety of ways, including but not limited to failing to timely diagnose skin cancer, failing to properly treat skin cancer, failing to promptly follow up, failing to prescribe the appropriate skin medication, and failing to understand the patient’s complaints. These and other errors can form the basis of a medical malpractice claim when they cause an injury or death to a patient.

Athletes are more at risk for certain types of injuries to muscles, ligaments, and joints because of the nature of their sports. Orthopedic surgeons are often tasked with repairing those types of athletic injuries. Unfortunately, doctors don’t always perform these surgeries within the requisite standard of care, and as a result, injuries may occur. New York orthopedic malpractice lawsuits arise out of the perception of malpractice, as do malpractice claims in other states. For instance, a recent lawsuit, case number 1:17-cv-00532, in the U.S. District Court for the District of Rhode Island was filed by a college lacrosse player who allegedly suffered long-term knee damage because of a botched surgical procedure.

The patient’s lawsuit against her orthopedic surgeon alleged that she experienced injuries after an operation on her knee. The damages include continued injuries and pain; although a specific amount of damages is not stated, the complaint states that the damages exceed $75,000.

The plaintiff was a member of a women’s Division I lacrosse team. She suffered a left knee injury while playing the sport and received care from the eventual defendant. The purpose of the procedure was to cure, relieve, and rehabilitate the plaintiff from the effects of her injuries. This did not occur, and in fact, her condition worsened, as the plaintiff alleged in the lawsuit. In addition to the orthopedic surgeon, the complaint names the medical clinic as a defendant as being vicariously liable for the surgeon’s malpractice under the doctrine of respondeat superior.