Medical Malpractice

HIV Misdiagnosis in Syracuse

Published on: February 23, 2018 | By Jeff DeFrancisco

Medical professionals have an obligation to be diligent when diagnosing and treating patients. Unfortunately, this does not always happen and may result in a patient’s condition getting worse. If you or a loved one has been a victim of an HIV misdiagnosis, you may be able to pursue compensation through a medical malpractice claim. At DeFrancisco & Falgiatano Personal Injury Lawyers, our seasoned Syracuse misdiagnosis attorneys can review your case and help you navigate the legal process. You can rest assured we are here to answer your questions and address your concerns.

According to the Centers for Disease Control and Prevention, there were an estimated 37,000 new HIV infections in 2014. Human Immunodeficiency Virus (HIV) is a virus that is spread through certain bodily fluids and attacks the body’s immune system. Over time, HIV can destroy so many of certain cells that the body’s ability to fight off disease or infection is severely compromised. HIV is a lifelong condition with no cure, but the condition can be managed with proper medical care. An individual infected with HIV may or may not exhibit symptoms, which can lead to a delay in diagnosis and treatment. An HIV misdiagnosis can happen in a variety of ways, including a physician failing to carefully review the patient’s chart, blood test results being read wrongly and inaccurately conveyed to the patient, and initial test results being mixed up or labeled incorrectly.

For people who are not correctly diagnosed with HIV, the results can be devastating. Not only could they fail to get the treatment they need, but also they could unknowingly infect others with the virus. If your doctor missed a diagnosis or misdiagnosed you with HIV, you can likely file a medical malpractice claim against that physician. Medical malpractice occurs when a doctor causes harm because he or she fails to use the level of care that another doctor, with a similar background and training, would have used in the same situation. In order to win a malpractice claim, you must establish the following:

Missed or Delayed Kidney Disease Diagnosis in Syracuse

Published on: February 16, 2018 | By Jeff DeFrancisco

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.

Plastic Surgery Malpractice in Syracuse and Across New York

Published on: January 30, 2018 | By Jeff DeFrancisco

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;

Colonoscopy Errors in Syracuse

Published on: January 23, 2018 | By Jeff DeFrancisco

Colon cancer is the second-most diagnosed cancer and the second-leading cause of cancer death in the United States. Colonoscopies are an important tool for colon cancer detection. While these procedures are relatively safe, injuries due to malpractice do happen. If you or someone close to you has been injured during a colonoscopy, you may be entitled to compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, our Syracuse cancer malpractice lawyers are committed to protecting the rights of patients at every step of the way.

A colonoscopy is a procedure that enables an examiner, typically a gastroenterologist, to evaluate the inside of the colon (large intestine or large bowel). The American Cancer Society advises that both men and women should have regular colonoscopies, beginning at age 50, to screen for colorectal cancer. A person should continue getting regular colonoscopies until the age of 75. According to a 2011 article in the Medical Journal of Gastrointestinal Endoscopy, the risk of serious injury from a colonoscopy is relatively low. However, possible complications from the procedure include the following:

Perforations: this takes place when a hole is punched in your bowel, causing fecal matter to leak into the abdominal cavity, which can lead to sepsis.

Study Reveals Male Dermatologists Sued More Often Than Female Counterparts

Published on: January 17, 2018 | By Jeff DeFrancisco

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.

College Lacrosse Athlete Files Orthopedic Malpractice Lawsuit Following Knee Surgery

Published on: November 29, 2017 | By Jeff DeFrancisco

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.

3 ways to avoid medical malpractice

Published on: October 9, 2017 | By Jeff DeFrancisco

Medical malpractice has no place in any health care system, yet it still happens commonly. Fortunately, there are many things you can do as a patient to prevent medical malpractice and protect yourself and your loved ones. What kinds of things should medical providers do to prevent cases against them? What can they do to make you feel more at ease?

There are dozens of steps to follow. For example, you should seek information about the procedure ahead of time and talk to the provider about risks. The provider should provide an informed consent document to you after you learn about the treatment, so he or she knows you had your questions answered.

Beyond that, there are many things you can do to keep yourself safer. Here are three.

How to self-advocate for safer medical care

Published on: August 9, 2017 | By Jeff DeFrancisco

In New York and across the country, needless medical errors cause pain, suffering and even death. Patients can empower themselves and feel more confident about their health care by becoming medical self-advocates.

According to the American Academy of Family Physicians, 98,000 people die each year as a result of medical errors. These deaths too often could have been prevented by proper care from medical professionals. Research has shown that patients have better results when they become active participants in their health care decisions. One of the best ways that a patient can self-advocate is to become a better manager of her health care information. A patient should know the medications she is taking and in what doses. She ought to periodically review her medications with her doctor to see if she needs to renew, alter, or end any of her prescriptions. She should always make sure her health care providers know who she is, why she is receiving treatment and any allergies she has to medications. She should endeavor to learn more relevant information about her medications, illnesses and conditions. She should also inform her providers right away if her condition changes or worsens.

The National Coalition for Cancer Survivorship also encourages patients to become self-advocates for their health care. It describes self-advocacy as encompassing four elements which include, “information-seeking, communication, problem-solving and negotiation.” The application of these elements could include such steps as researching diagnosis and treatment options and asking questions to understand the risks and benefits associated with each. It can be working to establish constructive communication with a health care team. When difficult decisions must be made, successful self-advocacy allows a patient to work with her providers to tailor treatment to her personal needs. Self-advocacy is a powerful tool that can offer patients hope and security in their health care choices. It can have life-saving results.

Finding health care providers who put patient needs first

Published on: June 29, 2017 | By Jeff DeFrancisco

While many people wish to rely on the expertise, knowledge and compassion of doctors to provide optimal health care, accidents, ignorance and general disregard of protocols are not unheard of. For New York residents who are anticipating receiving health care, they can benefit from doing their research to find a doctor who puts patient needs first and takes the time to create customized treatments.

The Huffington Post shared an article that discusses common mistakes that doctor’s make. However, the content is applicable to patients who are seeking a health care provider they can rely on. Some of the signs attentive patients can look for include:

Timely consultation: People should expect their doctor to provide timely consultation following suspicious symptoms. Attentive doctor’s will put everything else aside to properly diagnose a patient’s condition and educate him or her about the general outcomes, treatment options and recovery process.
Relationship health: The most reliable health care providers will put relationships with their patients above all else. Individuals receiving care should monitor the type of relationship they have with their doctor and look for signs that he or she really cares and is concerned about their health.
Thorough diagnosis: Because so many mistakes are made during the process of diagnosis, it is imperative that patients seek a doctor who is capable of making a thorough assessment. People should look for a health care provider who is willing to answer questions, explain what a diagnosis means and provide insight into what the future holds.

Patients should always expect their health care provider to listen attentively to them and remain focused throughout conversation. According to the New York Times, in 2013, death as the result of preventable medical errors was the third largest cause of fatalities in the nation.

5 things to know about standard of care

Published on: May 30, 2017 | By Jeff DeFrancisco

Medical malpractice cases often hinge on whether a provider met the standard of care or not. Victims who suffer at the hands of medical malpractice should learn what they can about the standard of care that applies in their case so they can use that information in their claim for compensation.

#1: Standard of care is the minimal care you should receive

The standard of care in any case is the level of care you should receive. This varies depending on the circumstances of the case. For example, the standard of care for a woman with an ectopic pregnancy is different from the standard of care for a woman with a shortened cervix. Several factors determine the standard of care in a case. This makes it difficult to find out what standard of care applies to a case.