Medical Malpractice

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.

Study Shows Physician Burnout is on the Rise

Published on: September 28, 2018 | 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 ›

Appeals Court Dismisses Malpractice Case Alleging Cancer Misdiagnosis

Published on: September 25, 2018 | 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.

Foreseeability in New York Medical Malpractice Cases

Published on: September 18, 2018 | By Jeff DeFrancisco

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 ›

Medical Malpractice in New York Can Be Caused by Language Barriers

Published on: August 17, 2018 | By Jeff DeFrancisco

Language barriers can impose serious hurdles when it comes to diagnosing and treating medical conditions. If you have incurred medical expenses or suffered harm due to a communication error, you may be entitled to compensation. At DeFrancisco & Falgiatano Personal Injury Lawyers, our Syracuse medical malpractice lawyers can conduct an in-depth investigation to uncover the cause of the injury and help you determine your rights. You can rest assured that we can help you build a case that will not only provide accountability and justice for you but also protect others from suffering a similar experience.

Communication issues caused by language barriers seem to be a bigger problem than you may imagine in the United States. According to census data, as many as 1 in 10 working adults in the country have limited English-language proficiency. The 1964 Civil Rights Act and subsequent laws require hospitals and other medical facilities that offer medical services and receive federal funds to give “meaningful access” to patients so that they can make informed decisions regarding their health. In addition, studies reveal that patients with limited English-speaking proficiency are more likely to experience adverse events than English-speaking patients.

Inadequate communication may lead to delays in diagnosis, incorrect diagnoses, treatment errors, and the inability of the patient to correctly comply with treatment recommendations, and they may cause other issues as well. Despite these potential problems, many people who need interpreters do not have access to them. In some cases, people’s children or relatives serve as interpreters, but this is not always appropriate because non-medical interpreters often do not know the medical language to explain things fully and properly.

The Process of Filing a Medical Malpractice Lawsuit in Syracuse

Published on: July 16, 2018 | By Jeff DeFrancisco

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 ›

Suing for Injury Caused by Improper Treatment in Syracuse

Published on: June 19, 2018 | By Jeff DeFrancisco

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.

Kidney Stone Malpractice in Syracuse

Published on: May 9, 2018 | By Jeff DeFrancisco

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.

Liver Disease Malpractice in Syracuse and Across New York

Published on: April 9, 2018 | By Jeff DeFrancisco

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.