Medical Malpractice

Published on: February 5, 2019

Court Rules a Nurse Was Qualified to Offer Expert Testimony in New York Medical Malpractice Case

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.

Published on: January 29, 2019

New York Court Overturns Dismissal of Medical Malpractice Case Due to Disputed Facts

by DeFrancisco & Falgiatano

Medical malpractice cases are typically fact-intensive and whether a plaintiff’s case is successful often depends on an expert’s interpretation of the facts. In cases where the defendant seeks to have a case dismissed, the defendant must show that there is no evidence that it breached the applicable standard of care, or if it did the breach was not the cause of the plaintiff’s harm. In arguing the care provided was not negligent, however, the defendant cannot pick and choose which facts should be considered.

This was recently explained by an appellate court in New York in a case in which the court overturned a ruling dismissing the plaintiff’s claims against the defendant on the grounds that there was a factual dispute as to the care provided. If negligent medical care caused you harm, you should consult an experienced Syracuse medical malpractice attorney to analyze the facts surrounding your treatment and whether you may be able to pursue damages.

The Plaintiff’s Treatment

It is reported that the plaintiff presented to the defendant physician assistant three times over an 11 day period in 2008 with complaints of ear pain, sinus pain, and headaches. The defendant physician assistant diagnosed the plaintiff with an ear infection and sinusitis and prescribed him antibiotics. His symptoms continued to worsen and he visited the emergency department of the defendant hospital twice during the 11 day period, where he allegedly complained of a severe headache and stated he believed he had suffered a stroke.

Published on: January 21, 2019

Court Analyzes Notice to Public Corporation Required to Pursue Medical Malpractice Claims Under New York Law

by DeFrancisco & Falgiatano

In medical malpractice cases, as with all cases, it is important to follow any procedural rules. If a plaintiff does not properly comply with the laws regarding notice and statutory limitations periods, he or she may waive the right to recover damages regardless of whether the defendant medical professional provided inadequate care. For example, under New York medical malpractice law, a plaintiff pursuing a medical malpractice claim against a public corporation is required to provide the corporation with notice of the essential facts of the claim within 90 days of the alleged harm.

Recently, a New York appellate court discussed the notice requirements and what constitutes actual notice, in a medical malpractice case pursued against a municipal rescue squad. If you sustained permanent injuries because of negligent care from a medical professional, it is important to consult a trusted Syracuse medical malpractice attorney in a timely manner to avoid waiving your right to recover.

Plaintiff’s Injury and Subsequent Care

Allegedly, the plaintiff tripped and fell down a flight of stairs while she was at a restaurant. The defendant fire and rescue squad responded to a call for emergency medical services. The defendant’s emergency medical technician (EMT) evaluated the plaintiff and provided her with care until a paramedic arrived. The plaintiff was transported to the hospital by the paramedic, and upon her arrival at the hospital reported a loss of sensation in her legs. The plaintiff was ultimately diagnosed a partial paraplegic.

Published on: January 14, 2019

Court Affirms New York Jury’s Finding that Doctor’s Negligence did not Cause the Alleged Harm

by DeFrancisco & Falgiatano

Medical malpractice claims typically allege that a medical provider negligently breached the standard of care and therefore, the provider should be responsible for any harm the injured party sustained because of the inadequate care. To recover under a medical malpractice claim alleging negligence, in addition to proving that the medical provider’s care was negligent, you must show that the negligence was the actual cause of your damages.

This was illustrated in a recent case decided by the appellate division of the Supreme Court of New York, in which the court affirmed a jury’s verdict in favor of the defendant medical provider, despite finding he provided negligent care. If you were harmed by inadequate medical care, you should seek a consultation with a trusted Syracuse medical malpractice attorney in a timely manner to discuss what options you have for pursuing damages from the responsible parties.

Plaintiff’s Allegations and the Jury Ruling

The plaintiff sued the defendant doctor for allegedly improperly performing diagnostic arthroscopic knee surgery, without her consent. The plaintiff claimed that as a result of the surgery, which was unnecessary, she suffered neurovascular injuries. During the trial, the defendant and plaintiff each presented evidence from experts certified in orthopedic surgery and neurosurgery. The jury ultimately found that the defendant deviated from the standard of care in his pre-surgical examination of the plaintiff, but the deviation was not the proximate cause of the plaintiff’s alleged injuries. Additionally, the jury found that the defendant did not deviate from the standard of care in any other way in his treatment of the plaintiff and that the defendant obtained the plaintiff’s informed consent prior to performing the surgery. The plaintiff filed a motion to set aside the jury’s verdict, alleging that the jury’s verdict was contrary to and against the weight of the evidence. The court denied the motion, and the plaintiff appealed.

Published on: January 2, 2019

New York Court Finds an Issue of Fact Exists as to When Treatment Ended in a Medical Malpractice Case

by DeFrancisco & Falgiatano

Under New York law, medical malpractice actions must be filed within two and a half years of the last date of treatment or they may be barred as untimely. Depending on the nature of the relationship between the patient and treatment provider, however, the last date of treatment may be up for debate.

Recently, the Supreme Court of New York held that an issue of fact existed as to whether an injured party’s treatment with a medical practice could be imputed to the surgeon that allegedly caused her harm. If you suffered injuries or illness due to insufficient medical care, it is in your best interest to consult a seasoned Syracuse medical malpractice attorney as soon as possible to determine whether you may be able to seek compensation from one or more of the medical providers that caused you harm.

Plaintiff’s Treatment

Reportedly, on March 18, 2011, the plaintiff underwent a bilateral mastectomy with a first surgeon and immediately after underwent a bilateral breast reconstruction with a second surgeon. The plaintiff subsequently contracted a MRSA infection at the surgical site, and receive treatment for the infection from the second surgeon until November 14, 2011. She also continued to receive treatment from the first surgeon at the practice that employed both surgeons until October 2012. On September 30, 2014, the plaintiff filed a medical malpractice lawsuit against both surgeons. The second surgeon filed a motion for summary judgment, arguing the plaintiff’s claims against her were barred by the two and a half year statute of limitations for medical malpractice actions in New York. The court denied the motion and the second surgeon appealed. On appeal, the court affirmed.

Published on: December 26, 2018

Malpractice Caused by Failure to Diagnose Septic Arthritis

by DeFrancisco & Falgiatano

Septic arthritis is a medical emergency that requires immediate attention. If you have lost a limb because your doctor failed to diagnose or treat septic arthritis, you may have the right to pursue compensation through a medical malpractice claim. At DeFrancisco & Falgiatano Personal Injury Lawyers, we will examine your case and help you explore possible legal remedies for your harm. With extensive experience in New York medical malpractice law, we are committed to protecting the rights of each and every one of our clients.

Septic Arthritis

Septic arthritis, also known as reactive arthritic and bacterial arthritis, is inflammation of a joint caused by infection that is not caught in a timely manner. It is caused by a number of microorganisms, including bacteria and fungus being passed through a person’s bloodstream to a joint. The most common sites for septic arthritic are the hip and knee joints. An early and accurate diagnosis coupled with emergency treatment is crucial to making sure a patient’s condition does not worsen. If untreated, the septic arthritic can spread at a rapid pace and leave lifelong damage, which can lead to the amputation of the affected limb. In the most severe cases, septic arthritis can be life threatening.

Published on: December 12, 2018

Father Sues Rehabilitation Center Caused Son to Suffer Further Injuries

by DeFrancisco & Falgiatano

People struggling with drug addiction are especially vulnerable and rehab centers are well aware of that. These individuals, like any other patients, trust their doctors to provide them with competent treatment and care. If you have been injured at a rehab center, you may have a valid medical malpractice claim on your hands. At DeFrancisco & Falgiatano Personal Injury Lawyers, our highly skilled Syracuse medical malpractice attorneys have the necessary experience and knowledge base to evaluate your claim.

A West Virginia father is suing a rehabilitation facility alleging medical malpractice in causing his son to sustain further injuries. According to the complaint, the patient received medical care and treatment at the rehab center after suffering a drug overdose. However, the rehab center allegedly provided negligent care for someone who suffered a drug overdose, which actually worsened the patient’s condition instead of improving it. As such, the patient claims to have suffered injuries, diminution the ability to enjoy life and limited in his ability to perform daily activities.

Published on: November 15, 2018

Physical Therapy Malpractice in Syracuse

by DeFrancisco & Falgiatano

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.

Published on: November 8, 2018

Medical Malpractice Related to Sleep Apnea in Syracuse

by DeFrancisco & Falgiatano

It is estimated that 20 million Americans experience sleep apnea. If you have experienced an injury related to sleep apnea misdiagnosis or substandard treatment, you might be able to recover compensation for your injury. Our Syracuse medical malpractice lawyers will investigate your claim with compassion and assist you get the answers you deserve. These cases are very tricky but having skill legal counsel on your side can make a big difference in your case.

What is Sleep Apnea?

Sleep apnea is defined as a possibly severe sleep condition in which the breathing recurrently stops and starts. It falls under two categories:

Obstructive sleep apnea: this is the most common type and takes place when the throat muscles relax.
Central sleep apnea: this takes place because the brain fails to send the right signs to the muscles that control an individual’s breathing.

Published on: November 1, 2018

Issues Associated with Lyme Disease Medical Malpractice in and around Syracuse

by DeFrancisco & Falgiatano

Lyme disease can have a devastating impact on a patient’s life. If you have suffered harm because a doctor failed to diagnose or treat Lyme disease properly, you may have a medical malpractice case on your hands. Our Syracuse medical negligence attorneys are dedicated to helping victims of medical malpractice pursue the compensation they rightfully deserve for their injuries. These cases are very difficult and it is vital to have a skilled legal advocate who can provide advice and assistance throughout your case.

What is Lyme Disease?

Lyme disease is an infectious disease caused by bacteria called Borrelia, which is transmitted to humans through the bite of infected blacklegged ticks. Symptoms commonly associated with the disease include fatigue, headache, fever and a skin rash that looks like a bulls eye. This distinct rash is the hallmark of the infection. The disease is often misdiagnosed for two main reasons: the disease can affect each person differently and the symptoms of the disease often resemble the symptoms of other conditions. Left undiagnosed and untreated, however, Lyme disease can affect your joints, heart and nervous system.