Articles Posted in Hospital Malpractice

Published on:

In almost all medical malpractice cases both the plaintiff and the defendant will need to engage experts to prove their claims. Just as medical malpractice cases are not limited to claims against doctors, the experts in medical malpractice cases are not required to be doctors. Rather, any medical care provider qualified to offer an opinion on the disputed issue can be an expert.

This was illustrated in a case heard by a New York appellate court, in which the court affirmed that a nurse’s expert testimony was properly admitted.  If you suffered harm due to inadequate medical care, you should meet with a skilled Syracuse medical malpractice attorney as soon as possible to discuss the facts of your case and your options for seeking compensation from the parties responsible for your harm.

Facts Regarding the Decedent’s Care

It is alleged that the decedent was admitted to the defendant hospital and diagnosed with cancer. For the next two months, he was treated as an inpatient, with the exception of ten days when he was discharged to his home. He ultimately died of cancer, after which his wife filed a lawsuit against the defendant hospital, alleging malpractice due to the hospital’s failure to properly prevent and treat the decedent’s pressure ulcers while he was admitted at the hospital. The case proceeded to trial, after which a jury found in favor of the plaintiff, awarding her $500,000 for the defendant’s conscious pain and suffering prior to his death. The defendant moved to set aside the verdict or for a new trial, which the trial court denied. The defendant then appealed.

Continue reading

Published on:

Glaucoma is a disease in which the optic nerve is damaged. It is a progressive disease, which means timely diagnosis and treatment is imperative to correcting or improving the condition. If you suffered serious vision problems as a result of a medical provider’s carelessness, you may have a right to compensation. Our reputable medical malpractice advocates in Syracuse can examine your incident and decide whether a medical professional’s incompetence or error was a factor in your injury.

A New York woman who went blind after physicians misdiagnosed her glaucoma has won a multi-million dollar award against the hospital. The woman was seven months pregnant and just 20 years old when she went to the medical center complaining of blurred vision and pressure around her eyes during prenatal check ups. According to the lawsuit, doctors never diagnosed her with glaucoma even though she visited the hospital six times indicating the same symptoms every time. Two months later, the woman could not even see her newborn son when the doctor placed him on her chest. Several weeks later, she was officially diagnosed with glaucoma. By the time she had surgery for the condition one month later, it was too late and she was left 90 percent blind. After just a few hours of deliberation, the jury awarded her $15 million in damages.

New York Medical Malpractice Claims

Medical malpractice can be the cause of glaucoma related vision loss if the doctor failed to recognize the signs and symptoms of a patient’s glaucoma, or if the doctor failed to treat the condition properly. Failing to diagnose or misdiagnosing glaucoma can be the fault of primary care doctors, internists, optometrists or an ophthalmologist. Doctors are required to provide patients with a certain standard of care. The standard of care is typically the level of care and caution that a medical professional in the same specialty would have used under the same or similar circumstances. In order to obtain compensation for a diagnostic error related to glaucoma, you will need to prove that the mistake made by doctor was the direct and proximate of the injury.

Continue reading

Published on:

If you have been injured by a physical therapist’s negligence, you might be wondering what your legal options are. Since physical therapists are considered medical professionals, a physical therapist’s error, misconduct or carelessness could give rise to a medical malpractice claim. Our knowledgeable Syracuse physical therapist negligence attorneys will diligently analyze the circumstances of your injury so we can provide you with an honest opinion regarding your legal options.

The Role of Physical Therapists

Physical therapists are licensed healthcare professionals who help people regain strength and movement that may be impaired due to a condition or injury. Specifically, physical therapists use exercises and special treatments to help people move their bodies. These professionals also help with pain management. A patient may seek the help of a physical therapist at a rehabilitation center, hospital, nursing home or even at one own’s home. Injuries may take place during a physical therapy session for a number of reasons, including:

  • Dropping patients during an exercise;
  • Leaving patients unattended on equipment;
  • Failure to monitor patients during an exercise;
  • Using broken equipment;
  • Sexual assault;
  • Overextending joints;
  • Failing to inform patients of risks associated with a particular treatment;
  • Failing to listen to patients’ complaints of pain.

Continue reading

Published on:

Hospitals 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.

Continue reading

Published on:

Blood transfusions are a necessary part of many medical procedures in which the patient is losing or has lost a large quantity of blood that needs to be replaced. While blood transfusions help many patients, they can also be a dangerous procedure. If you or a loved one has been injured by a blood transfusion mistake, you should speak to a skilled Syracuse hospital malpractice attorney without delay. At DeFrancisco & Falgiatano Personal Injury Lawyers, we are committed to holding negligent medical professionals accountable for the harm that they cause. We will stop at nothing to make sure your medical malpractice claim is resolved efficiently and effectively.

Blood transfusion is generally the process of receiving blood or blood products into one’s circulation intravenously. Transfusions are used for a variety of medical conditions to replace lost components of the blood. Blood transfusions are performed by using donated blood. Both the patient and the donor are tested to ensure that the blood types match. Examples of blood transfusion mistakes include but are not limited to:

  • Multiple blood samples being cross-matched;
Published on:

If you believe your child is suffering from cerebral palsy due to a medical professional’s negligence, you need to reach out to a seasoned Syracuse cerebral palsy attorney who can handle your case. At DeFrancisco & Falgiatano Personal Injury Lawyers, we can meticulously analyze the facts of your case and advise of you of your rights and options.

Approximately 764,000 children and adults have cerebral palsy in the United States. About 10,000 babies born each year will develop the condition. Cerebral palsy is a broad term that refers to a number of neurological disorders that can affect the development of the part of a child’s brain that controls motor skills and movement. ‘Cerebral’ means having to do with the brain, whereas ‘palsy’ means weakness or problems related to the muscles. As a result, cerebral palsy can lead to serious physical disabilities stemming from tremors, joint and bone deformities, and balance problems. In some cases, the condition can cause cognitive problems and seizures as well.

In a lot of cases, cerebral palsy is a direct result of medical mistakes. Cerebral palsy can result from a number of acts or omissions by a medical professional, including:

Published on:

When we visit a hospital, clinic, or other medical facility, we expect that any instruments used will be sterilized. If you or someone close to you has been adversely affected by contaminated instruments, it is imperative to reach out to a knowledgeable Syracuse surgical malpractice attorney who can help. At DeFrancisco & Falgiatano Personal Injury Lawyers, we understand how dirty instruments can cause serious health problems, such as infections and illnesses. You can rest assured that we will analyze the facts of your case and help you mount a strong case for financial compensation.

Unfortunately, the use of contaminated instruments may be more common than you think. According to a pilot program conducted by the Centers for Medicare and Medicaid Services, out of 1,500 outpatient surgery centers that were inspected, about 28 percent were cited for infection control deficiencies related to surgical instrument cleaning and sterilization. Using unclean instruments can lead to a number of adverse consequences, including infections, loss of limb, and even death.

Hospitals have a duty to make sure that germs, disease, and contamination are kept in check through proper sterilization methods. When a dirty instrument injures a patient, that patient may be able to recover compensation through a medical malpractice claim. Medical malpractice is defined as a failure to render care or treatment in accordance with the accepted standards of medical practice. In other words, medical malpractice takes place when a person or entity causes a patient harm by deviating from the level of care that a reasonably prudent person or entity would have used in the same or a similar situation. For example, a hospital adhering to the accepted standard of care would have a system in place to ensure each instrument was sterilized before it was used on a patient. As a result, a hospital that caused a patient harm by failing to do this would likely be liable for malpractice.

Published on:

Medical malpractice claims require testimony from expert witnesses in order to articulate the relevant standard of care for the medical professional who allegedly committed the negligent act. Not all expert testimony is admissible in New York medical malpractice cases. In fact, the United States Supreme Court articulated several factors that expert testimony must meet in order to be admissible. A November 16, 2017 decision, Norman v. All About Women PA, et al., case number K14C-12-003, reviewed an expert’s testimony on the standard of care in a medical malpractice lawsuit.

The plaintiff went to a clinic and received a diagnostic laparoscopy procedure, and during the operation, her bladder was punctured. She also alleged that the doctor closed her up without fixing the wound, requiring additional surgeries and hospital visits. The plaintiff filed a medical malpractice lawsuit and offered the expert testimony of a doctor to define the relevant standard of care broadly accepted within the medical community.

New York law has two primary elements in medical malpractice lawsuits. The plaintiff must establish that the actions of the medical professional deviated from the accepted standard of care and that such a deviation caused an injury to the plaintiff.

Published on:

New York hospital malpractice cases require the review of voluminous medical records. Hospitals and health care providers are required to maintain these records, so a claim should simply be a matter of reviewing what’s disclosed or produced in the pre-trial discovery process. The facts surrounding a medical malpractice decision in which a behavioral health center destroyed physical medical records even after a lawsuit was pending are especially shocking. Without the records, this put the plaintiff at a serious disadvantage to prove the case. The court reviewed what should happen in an evidence spoliation case involving medical malpractice.

In this case, the decedent had a history of mental health problems. When his wife of over three decades passed away, he attempted suicide, which resulted in a December 2013 emergency room visit. The decedent was then admitted to a mental health facility. The decedent and his son, who was his legal guardian at the time, signed a voluntary admission form. The decedent was discharged from the clinic a few months later. Tragically, however, he committed suicide 10 days later.

The family of the decedent requested that the mental health facility retain the decedent’s records because they were considering a potential medical malpractice claim. The facility’s compliance chief ordered that the decedent’s paper records be sequestered. The family hired an attorney, who began discussions about the scope of document preservation with the facility. However, a new employee, who testified that she was not aware that records needed to be maintained, scanned the records electronically and then shredded the paper version.

Continue reading

Published on:

Genetic testing is a medical breakthrough that allows people to know whether they are at risk for certain life-threatening conditions. For example, genetic testing can be used to determine whether someone is at an elevated risk for certain types of cancer. If the physician analyzes the testing correctly, he or she may suggest that a patient undergo preventative surgery to greatly reduce the risk of cancer developing. Unfortunately, as a recent lawsuit shows, sometimes doctors can negligently perform genetic testing and perform completely unnecessary surgeries on a patient. A New York medical malpractice lawyer can help you bring a claim if this has happened to you.

The plaintiff, a woman in her mid-30s, went to visit an obstetrician-gynecologist, who reviewed her genetic testing and concluded that she had a 50% probability of being diagnosed with breast cancer and an 80% chance of being diagnosed with uterine cancer. As a result of the genetic testing, the plaintiff stated that she underwent the recommended procedures, a double mastectomy and a hysterectomy, to reduce her chances of getting those forms of cancer.

Her OB-GYN tested her for two specific gene mutations after the plaintiff notified her physician of a family history of cancer. The lawsuit alleges that the results were negative, but the nurse practitioner misinterpreted the results, and the plaintiff was allegedly told that she had a gene mutation that increased her risk of breast and uterine cancers. The nurse practitioner, who misinterpreted the results, referred the plaintiff to specialists, including a gynecologist, who performed her hysterectomy, and another surgeon, who performed her double mastectomy and reconstruction. The lawsuit complaint alleges that neither of the doctors independently confirmed the genetic testing results.

Continue reading

Justia Lawyer Rating
Contact Information