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New York Doctor’s Negligence Leads to Patient Death in Botched Abortion Case

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Botched abortions can have devastating consequences for a patient. If you or someone you love has been a victim of abortion malpractice, you need to reach out to a seasoned Syracuse medical malpractice lawyer who can provide you with skilled legal representation in your case. At DeFrancisco & Falgiatano Personal Injury Lawyers, we understand that abortion malpractice can cause a patient both physical and emotional distress, which is why we are committed to vigorously advocating for your rights at every step of the way.

In a recent case, a 30-year-old New York woman died from complications after getting an abortion at 25 weeks pregnant. The woman seeking the abortion bled to death after the doctor allowed her to leave the clinic despite signs of grave danger (such as the patient collapsing in the bathroom of the doctor’s clinic). He gave her no further instructions or advice about seeking medical attention.

While driving home, she fell unconscious, and her sister called 911. By the time the medics arrived, the patient was already dead. The doctor’s clinic shut down shortly after her death. The doctor’s conduct in the case went beyond civil liability. He recently pled guilty to the charge of criminally negligent homicide, which carries a sentence of 1.3 to four years of jail time.

When performed properly, abortions are generally safe, and complications are rare. In fact, abortions can safely be administered in outpatient settings. Unfortunately, however, problems can sometimes arise if the doctor performing the abortion makes a mistake or is careless. These issues can arise because of treatment during pre-op, during the procedure itself, or during the post-operative follow up.

Medical malpractice cases involving abortions typically arise when a medical professional causes harm to a patient by failing to use the standard of care another doctor performing the same procedure would have used under comparable circumstances. Here, the doctor admitted he was negligent with the patient’s abortion, leaving her bleeding excessively with a severed uterine aorta, ripped cervix, and pierced uterine wall. In the vast majority of malpractice cases, however, the medical professional will deny liability. In order to win a medical malpractice case in New York, the plaintiff must prove the following elements:  i) the doctor owed the patient a duty of care; ii) the doctor breached the duty of care owed to the patient; and iii) the doctor’s breach was a direct and proximate cause of the patient’s harm.

Incomplete or incorrectly managed abortions can lead to serious harm and even death. If you or someone you know has suffered complications due to a health care provider’s negligence, you need to seek legal guidance immediately. At DeFrancisco & Falgiatano Personal Injury Lawyers, our hard-working Syracuse surgical malpractice lawyers can help you secure the compensation you deserve in your case. We can examine the specifics of your case and help you identify the damages that would be appropriate in your situation. For more information, call us today at 315-479-9000 or reach us through our website.

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Coronary Artery Bypass Malpractice in Syracuse, Syracuse Personal Injury Blog, April 16, 2018

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