Syracuse Medical Malpractice and Personal Injury Lawyer Blog

Published on: September 18, 2018

Physician Assistant Malpractice in Syracuse

arm injury Physician assistants (PA) play a valuable role in the overall healthcare system by working with physicians to deliver care. If you or someone close to you has been injured due to the negligence of a physician’s assistant, you may be able to recover compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, our reputable Syracuse medical malpractice lawyers can analyze the facts of your case and make sure you understand your legal rights and options.

A Nevada physician assistant who was dubbed a “danger to public health” is in serious trouble. While A.L. is not a doctor, she is facing 18-new counts of alleged disreputable conduct and medical malpractice. These charges are based on A.L.’s conduct from 2012.

A.L. allegedly falsified records, overprescribed dangerous drugs and even used expired and black-market medications. When she lost her medical license, she found new ways to keep practicing. Earlier this month, she pleaded guilty in district court to prescribing controlled substances using the stolen DEA number of her former supervising physician. In addition, A.L. performed medical services on her own that she was not allowed to perform without supervision from a doctor.

Published on: September 11, 2018

New York Court of Appeals Rules Jury Had Ample Evidence to Make Conclusion

by DeFrancisco & Falgiatano

expert testimony If you or someone close to you has been injured due to a medical professional’s negligence, you need to consult a seasoned Syracuse medical malpractice attorney right away. At DeFrancisco & Falgiatano Personal Injury Lawyers, we have helped many New York clients obtain a fair outcome in their case and can help you as well.

In Clark v. Loftus, the plaintiff commenced a medical malpractice action as a result of complications after a surgical procedure performed by the defendant doctor. At trial, plaintiff and defendants presented contradictory expert testimony regarding the defendant’s alleged negligence. The Supreme Court of the State of New York provided the jury instructions on the doctrine of res ipsa loquitor. “Res ipsa loquitur” is latin for “the thing that speaks for itself.” When a case is tried under the theory of res ipsa loquitur, the circumstantial evidence in the case is so strong that it eliminates other possible causes of the patient’s injury other than the defendant’s negligence.

The jury returned a verdict in favor of the defendant and the plaintiff moved to set aside the verdict as against the weight of the evidence for a new trial. In other words, the plaintiff sought judgment notwithstanding the verdict. The court granted the plaintiff’s motion, reasoning that the verdict was against the weight of the evidence and directed a new trial on the issue of negligence, including the doctrine of res ipsa loquitur. The appellate court reversed the order and reinstated the verdict.

Published on: September 7, 2018

Tonsillectomy Malpractice in Syracuse

by DeFrancisco & Falgiatano

hospital bed You may think that a tonsillectomy is a routine procedure with hardly any risks but the reality is that if a surgeon is not careful, the patient can suffer severe injury. If you or someone close to you has suffered harm due to a botched tonsillectomy, you need to reach out to a skilled Syracuse medical malpractice attorney who can help. At DeFrancisco & Falgiatano Personal Injury Lawyers, we will thoroughly investigate your situation to determine the viability of your claim.

Your tonsils are part of your immune system. They are located at the back of your throat and come in three types, all of which work to fight infections. Sometimes, however, tonsils become sore, inflamed and infected. If this happens and persists for a while, your doctor may recommend a procedure to remove tonsils known as a tonsillectomy. In other words, a tonsillectomy is the surgical removal of the tonsils. While this procedure is used to treat tonsillitis, it is also used to treat sleep-disordered breathing. It may also be used to treat rare diseases of the tonsils. Individuals under the age of 15 are most likely to undergo this procedure.

Despite the routine nature of the surgery, there is still the possibility for negligence and error on the part of a medical professional. For instance, since tonsils are located by veins, there is a possibility for complications related to bleeding if the surgeon is not extremely careful. Another way a patient could be injured is if the surgeon fails to remove all of the tonsils and tonsil tissue grows back. Of course, there are numerous examples of the types of mistakes that can be made and you can rest assured we will identify any such errors made in your case.

Published on: September 4, 2018

Failure to Diagnose a Stroke in Syracuse

by DeFrancisco & Falgiatano

medical assessment A stroke can be mild or it can be severe with devastating consequences for a patient. Whether a stroke victim is misdiagnosed or sent home from the hospital without treatment, the serious damage that takes place due to the delay in stroke treatment is often irreversible. If you or someone close to you has suffered harm due to a diagnostic issue related to a stroke, we can help. At DeFrancisco & Falgiatano Personal Injury Lawyers, our seasoned Syracuse medical malpractice attorneys understand that a stroke is a common and potentially life-threatening occurrence for patients of all ages. We will analyze the facts of your case and make every effort to get you the compensation you deserve for your harm.

Strokes are the third leading cause of death in the United States, killing approximately 150,000 people and causing severe disability to several hundred thousand more each year. A stroke is defined as the sudden death of brain cells due to a lack of oxygen. Essentially, a stroke takes place when blood flow to the brain is interrupted, resulting in abnormal brain function. It is caused by the blockage or rupture of an artery to the brain. According to the American Stroke Association, quick treatment for a stroke can save lives.

Because symptoms of a stroke can resemble other medical problems (i.e., migraines), misdiagnosis is a common problem. However, that does not mean the doctor is off the hook legally. Failure to diagnose a stroke can take many forms, from failing to identify the stroke as it is happening or overlooking signs of an impending stroke. Consequences of an undiagnosed stroke or misdiagnosed stroke may include brain injury, more severe stroke, paralysis, seizures, loss of motor skills, memory problems, difficulty speaking, pain, behavioral issues and even death.

Published on: August 28, 2018

Medical Malpractice Caused by Failure to Treat High Blood Pressure

by DeFrancisco & Falgiatano

Untreated hypertension can lead to severe damage of blood vessels and major organs. In the most severe cases, untreated hypertension can lead to death. If you believe you or someone close to you has suffered harm due to a medical professional’s negligence in treating your high blood pressure, you may be entitled to compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, our Syracuse medical malpractice attorneys can evaluate your case and inform you of your legal rights and options. Legal News Gavel

Blood pressure is the force exerted by the blood against the walls of the blood vessels. The pressure depends on the work being done by the heart and the resistance of the blood vessels. High blood pressure, also known as hypertension, is a long-term medical condition in which the blood pressure in the arteries is persistently elevated. According to the American Heart Association, a patient has high blood pressure if he or she has a systolic blood pressure (i.e., the force of blood during heartbeats) reading of 130 mmHg or higher and a diastolic blood pressure (i.e., the force of blood while the heart is resting) reading of 80 mmHg or higher. Normal blood pressure is 120 over 80 mmHg.

Having high blood pressure can put a person at risk for heart disease, which is currently the number one cause of death among Americans. In fact, high blood pressure can lead to severe complications and increases the risk of heart disease, stroke, and even death. Approximately 85 million people in the United States have high blood pressure.

Published on: August 21, 2018

Medical Malpractice Related to COPD in Syracuse

by DeFrancisco & Falgiatano

If you or someone close to you was not diagnosed with COPD in a timely manner or was misdiagnosed with COPD, you may be entitled to compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, our seasoned Syracuse medical malpractice attorneys understand how daunting it is to deal with a medical injury, which is why we are committed to evaluating your case and helping you understand your legal rights and options. Legal News Gavel

Chronic obstructive pulmonary disease (COPD) is a chronic inflammatory lung disease that causes obstructed airflow from the lungs. It is an umbrella term to describe lung conditions such as emphysema, chronic bronchitis, and refractory asthma. COPD is a progressive incurable disease, but it can be managed with the correct diagnosis and treatment. It is caused by long-term exposure to irritating gases or particulate matter, most often from cigarette smoke. Individuals with COPD are at increased risk of developing heart disease, lung cancer, and a wide range of other conditions.

COPD was once considered an “old man’s disease,” but this is no longer the case. Many younger people, including women, are suffering from the condition compared to patients in the past. It has been estimated that 210 million people around the world suffer from COPD. Of those numbers, nearly 27 million are in the United States. Doctors may suspect COPD when their patients exhibit certain symptoms, such as mucus-producing coughs that will not go away, shortness of breath that worsens after physical activity, or tightness in the chest. To make a COPD diagnosis, a physician will evaluate the patient’s symptoms, medical history, family history, diagnostic test results, and factors such as whether or not the patient smokes.

Published on: August 14, 2018

Research Confirms Fear of Lawsuits Results in Extra Medical Tests

by DeFrancisco & Falgiatano

Often, medical professionals order unnecessary medical tests in an effort to reduce the chance of being sued for medical malpractice. Sadly, research shows that, many times, these tests do not actually help the patient in any way. If you or your loved one has been injured due to a medical professional’s mistake or error in judgment, you may have a valid malpractice claim. At DeFrancisco & Falgiatano Personal Injury Lawyers, our diligent Syracuse medical malpractice attorneys can evaluate the facts of your case and provide you with an honest assessment of your claim. Legal News Gavel

Researchers from Duke and M.I.T. have discovered that the chance of a lawsuit increased the intensity of health care that patients received in the hospital by approximately 5 percent – and that patients who received such extra care did not actually benefit in any way.

The study examined what happened to the hospital care that military members received when a base closing forced them to use their benefits in regular hospitals where they could sue for malpractice if something went wrong. Spending on their health care increased, especially on extra diagnostic tests. In addition, the study found that even with military hospitals, family members who could sue tended to get more tests than those who could not sue. In essence, physicians change their behavior in response to liability considerations, even though that changed behavior does not result in better patient care.

Published on: August 9, 2018

Surgeons Who Exhibit Bad Behavior More Likely to be Sued for Malpractice

by DeFrancisco & Falgiatano

When a surgeon makes an error, it can cost a patient his or her life. If you or someone close to you has been hurt by a surgeon’s malpractice, you may be eligible to recover damages for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, our skilled Syracuse medical malpractice attorneys can meticulously evaluate your case and advise you accordingly. Legal News Gavel

A Harvard study found that surgeons who behave badly, such as by yelling, snapping, intimidating, or belittling colleagues, are more likely to face medical malpractice claims. Researchers examined evaluations of surgeon behavior from peers, supervisors, trainers, coworkers, and others with malpractice history for surgeons from four academic medical centers. They used survey data for 264 surgeons from 2012 to 2013 and matched it to malpractice data spanning from 2000 to 2015.

The study found that surgeon behavior was linked to malpractice claims. Surgeons who showed multiple positive behaviors, according to the reviews, had less chance of being hit with malpractice claims, while negative behaviors, on the other hand, were associated with a higher likelihood of malpractice claims. These findings highlight the importance of teamwork and communication in exposure to malpractice.

Published on: August 7, 2018

New Study Finds Notable Trends Regarding Orthopedic Surgery Malpractice

by DeFrancisco & Falgiatano

Orthopedic surgery involves invasive procedures that require the utmost care and attention from the surgeon. If you have sustained a preventable injury as a result of an orthopedic surgeon’s error or wrongdoing, you may be able to recover compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, our Syracuse medical malpractice attorneys have years of experience representing families harmed by an orthopedic surgeon’s negligence. Legal News Gavel

A recent study published by the U.S. National Library of Medicine National Institutes of Health found that orthopedic surgeons were at significantly greater risk of being sued than other medical specialists. A total of 81 cases from the Westlaw legal database, including state and federal jury verdicts and settlements related to medical malpractice and orthopedic surgery from 2010 to 2016, were analyzed. The study found that juries found in favor of the defendant orthopedic surgeon in most cases – 61.7 percent of cases to be exact.

The study found that the most common reasons for lawsuits were procedural errors, which were at issue in 87.7 percent or 71 cases, and negligence, which was at issue in 71.6 percent or 58 cases. Most litigation involved spine surgery (25.9 percent or 21 cases), knee surgery (21 percent or 17 cases), and hip surgery (11.6 percent or 11 cases). The average payout for a verdict in favor of the plaintiff was over $3 million. The average settlement value was just over $1.5 million. In addition, cases involving male patients and patient death were more likely to lead to verdicts favoring the plaintiff.

Published on: July 30, 2018

Maternal Infection Malpractice in New York

by DeFrancisco & Falgiatano

Legal News Gavel The birth of a child is supposed to be a joyous occasion but it can quickly become incredibly stressful if there is a maternal infection threatening the health of a mother or child. At DeFrancisco & Falgiatano Personal Injury Lawyers, our seasoned Syracuse medical malpractice attorneys understand the nuances of this area of law. We will meticulously examine the facts of your case and identify medical errors that may have led to your maternal infection.

One of the most common factors leading to birth injuries or defects is maternal infection. A maternal infection is an infection acquired by the mother who then transmits the infection to the fetus. The infection can be transmitted in one of two ways: through the placenta prior to the birth or through the birth canal during labor and delivery when the baby is exposed to maternal blood. Untreated maternal infection can cause miscarriage and birth defects. Common examples of maternal infections include, but are not limited to:

Tocoplasmosis;
Choriomnionitis;
Urinary tract infections;
Group B streptococcus;
Hepatitis B;
HIV;
Rubella.