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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.doctor

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.

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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.hospital

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.

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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.doctor

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.

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babyThe 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.

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birth controlEvery year, women in New York and throughout the country make choices about the type of birth control they want to use to help with family planning. If you believe that you have been the victim of IUD medical malpractice, you need to reach out to a seasoned Syracuse medical malpractice attorney who can help. At DeFrancisco & Falgiatano Personal Injury Lawyers, we have extensive experience representing victims of medical malpractice throughout New York.

An IUD is a tiny device that is put into a woman’s uterus to prevent pregnancy. Essentially, IUDs prevent pregnancy by changing the way the sperm cells move so they cannot reach an egg. These devices are long-term, reversible and one of the most effective birth control methods available to women.

Three years ago, mother-of-one T.S., consulted with her physician and decided to get an intrauterine device (IUD). She had it in for three years and it never gave her any problems until last November when she felt a sharp pain. She went to the hospital and an x-ray revealed the birth control had shattered into pieces and shifted far up her stomach into her liver.

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CT scanRadiology is a powerful tool for detecting disease. When a radiologist mistakenly fails to identify and diagnose a condition, the consequences can be deadly. If you or someone you love has been harmed by a radiology error, the seasoned Syracuse medical malpractice attorneys at DeFrancisco & Falgiatano Personal Injury Lawyers can help. We will investigate every aspect of your medical injury and provide you with a realistic assessment of your case.

In a recent Pennsylvania case, a radiologist’s failure to notice a cyst caused a patient’s death. In October of 2014, the decedent, a 66-year-old man went to the emergency room and complained of back pain indicating that his pain was a 10 out of 10. He was given medication and underwent a CT scan of his abdomen and pelvis. A radiologist reviewed the scan and did not find anything noteworthy. The man was discharged with a diagnosis of back pain and told to follow up with his primary care doctor.

Over the next 15 months, the man consulted with his primary care doctor and came back to the emergency room three times complaining of back pain. At each visit, the doctors noted that the CT scan from 2014 was negative and discharged the patient with some medication.

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newbieIf your child suffered birth injuries as a result of fetal macrosomia, you may be the victim of medical malpractice. At DeFrancisco & Falgiatano Personal Injury Lawyers, our experienced Syracuse medical malpractice attorneys are committed to holding negligent medical malpractice parties accountable for the harm that they cause.

According to the Mayo Clinic, the term “fetal macrosomia” describes a newborn baby that is significantly larger than your average infant. To be diagnosed with fetal macrosomia, a baby must have a birth weight of more than 8 pounds 13 ounces irrespective of the fetus’s gestational age. As you can imagine, a baby this big can create dangerous complications for the birthing process. Fetal macrosomia is hard to detect during pregnancy but the condition can put a child at higher risk of lifelong injuries, including cerebral palsy, Erb’s palsy, hypoxic ischemic encephalopathy, brain bleeds and other traumatic injuries. The American Academy of Pediatrics reports that a little more than 10 percent of all pregnancies in this country result in macrosomia.

There are certain signs and symptoms of fetal macrosomia that doctors are trained to recognize. In addition, doctors can detect and diagnose macrosomia through an ultrasound, measuring the abdominal circumference, conducting the Leopold maneuver (i.e., by pushing on a mother’s abdomen) and/or by measuring the pregnant woman’s fundal height.

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newbornThroughout pregnancy, the umbilical cord provides the baby with what it needs to grow properly. If your child suffered an umbilical cord complication due to medical negligence, you need to reach out to a highly skilled Syracuse medical malpractice attorney who is well versed in this area of law. At DeFrancisco & Falgiatano Personal Injury Lawyers, we are dedicated to holding negligent medical professionals responsible for the harm that they cause. You can rest assured that we will work tirelessly to help you secure the compensation you deserve in your case.

The umbilical cord serves as the lifeline between mother and child, providing essential nutrients and oxygen to the fetus throughout the pregnancy. In short, the umbilical cord is how the fetus is connected to the placenta during gestation. The placenta is the organ in the womb that gives the baby nutrients and eliminates waste products. Umbilical cord problems may put a mother and her newborn child at serious risk. Umbilical cord complications include, but are not limited to:

  • Umbilcal cord prolapse and compression;
  • Umbilical cord knots;
  • Nuchal cord;
  • Umbilical cord strangulation;
  • Umbilical hernias.

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vaccineVaccinations have eradicated many harmful diseases in the United States. If you have reason to believe that you or your child has been injured by a vaccine, it is important to seek the guidance of a skilled Syracuse medical malpractice attorney who can assess the merits of your case. At DeFrancisco & Falgiatano Personal Injury Lawyers, we are committed to helping our clients get the compensation they deserve for their harm.

Most of the time, vaccines function as intended by enhancing the immune system’s ability to fight off disease. However, in some cases, vaccines can do more harm than good. While the majority of vaccines often present mild side effects, such as fever, nausea and body aches, some may present more serious problems in certain individuals. About 1 in 100 people report experiencing more serious issues within six months of receiving a vaccination, such as:

  • Blood in urine or stool;
  • Pneumonia;
  • Inflammation of the stomach or intestines;
  • High fever;
  • Swelling, severe pain and/or bleeding in the arm where the shot was administered.

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hopitalHospitals often try to maximize profits, which can be very dangerous for patients. If you or a loved one has been the victim of patient dumping, you may be entitled to compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, our experienced Syracuse medical malpractice attorneys are vigorously dedicated to representing victims of malpractice. Dealing with a medical injury can be daunting but we are here to help.

Patient dumping generally refers to situations in which hospitals deny medical screening and stabilization services. Patient dumping take can happen in a variety of ways, including, but not limited, to:

  • When a hospital turns away someone in need of emergency care;
  • When a hospital transfers a patient when it is not necessary to do so;
  • When a hospital discharges a patient before they are stable;
  • When a patient is transferred without receiving adequate medical care first;
  • When a hospital discharges a patient too early;
  • When a hospital unreasonably delays emergency medical treatment.

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