Articles Posted in Surgical Malpractice

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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.

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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.

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If you suspect that you or someone you love has been the victim of medical negligence by an ophthalmologist, you can potentially recover financial damages for your injuries. Our trusted Syracuse ophthalmologist negligence attorneys will review your case and create a legal strategy accordingly. We know that your time is valuable, which is why we try to resolve every case in an efficient manner.

The Study

People nowadays turn to online reviews before making a decision in many aspects of their lives, and choosing a doctor is no exception. There are a number of websites that permit patients to post reviews of their doctors. In a new study released by the University of Texas Health Science Center at San Antonio and Texas Tech University Health Sciences Center at Lubbock, researchers set out to examine how ophthalmologists are rated in online reviews and what factors led to higher ratings.

According to the data, 25 – 85 percent of doctors have an online profile on patient review website pages and 90 percent of those doctors have at least one rating. The study collected reviews about ophthalmologists, examining a total of 84,288 online reviews of 7,372 ophthalmologist profiles. Data shows that doctors who included a photo, biography and academic affiliation had higher ratings. In addition, shorter wait times and no history of malpractice also led to higher ratings. 

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If you believe that you or a family member has been injured because of a balloon angioplasty related error, you can potentially obtain financial recovery for your injury. Our Syracuse medical negligence advocates believe that medical professionals should put patient safety first and should be held accountable for any preventable harm that they cause. Cases involving angioplasties can be incredibly complicated but we understand how to evaluate them.

What is Balloon Angioplasty

Coronary artery disease is caused by the build-up of cholesterol plaque in the arteries leading to the heart. A coronary artery block may put an individual at risk for a fatal heart attack. A balloon angioplasty is a common surgical procedure used to reduce coronary artery blockage. The procedure involves widening of a blocked or narrow blood vessel through a balloon catheter. Specifically, a balloon-tipped catheter is temporarily inserted into the clogged artery to enlarge it.

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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.

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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.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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Wrong-site surgery can have shattering and life-long consequences for a patient. If you have been hurt because of a wrong-site surgery, you need to reach out to an experienced Syracuse medical malpractice attorney who can help. At DeFrancisco & Falgiatano Personal Injury Lawyers, we are committed to holding negligent medical professionals accountable for the harm that they cause.

One of the most shocking forms of malpractice is a wrong-site surgery. Wrong-site surgeries are a type of medical malpractice and considered to be very serious surgical errors. In fact, a wrong-site surgery is considered a “never event” because it is completely preventable and therefore should never happen.

Sadly, wrong-site surgeries are more common than you might expect. Data from the Joint Commission on Accreditation of Healthcare Organizations (JCAHO) reveals that wrong-site surgery is the third highest-ranking event for preventable medical errors, comprising approximately 15 percent of the total preventable medical errors that occur nationwide. In addition, JCAHO found that 76 percent of wrong-site surgeries were surgeries performed on the wrong body part, while the other 24 percent were split between operations using the wrong procedure or operations on the wrong person. It is estimated that wrong-site surgeries happen 40 times a week on average.

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Surgical procedures are daunting for any patient. When surgical wounds become infected due to not being cleaned properly, the patient can suffer grave harm. If you or someone close to you has developed an infection after surgery, you need to have a seasoned Syracuse medical malpractice attorney on your side. At DeFrancisco & Falgiatano Personal Injury Lawyers, we believe you deserve an opportunity to hold the responsible party accountable and get fair compensation for your injuries.

In any medical procedure in which the skin is being cut or pierced, there is a potential for infection. This is because the object poking through the skin can introduce bacteria into the body. A post-surgical infection, also known as a surgical site infection (SSI), refers an infection that occurs within 30 days of a surgical procedure in the part of the body where the surgery took place. According to the Centers for Disease Control and Prevention (CDC), SSIs were the most common health care-associated infection, accounting for 31 percent of all hospital-acquired infections among hospitalized patients. In fact, there were approximately 722,000 hospital-acquired infections in the country, leading to over 75,000 deaths in 2011.

Many times, medical malpractice is the basis for SSIs. Medical malpractice takes place when a medical professional fails to use the level of care that a reasonably prudent medical professional would have used in the same or similar circumstances, thereby injuring the patient. A number of errors or negligent acts could lead to a post-surgical infection, including but not limited to:

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A failure to diagnose appendicitis can result in a serious injury or even death to a patient. If you believe your doctor misdiagnosed your symptoms or failed to diagnose appendicitis in a timely manner, you may be entitled to compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, our Syracuse medical malpractice attorneys have helped many New York clients resolve their personal injury claims, and we can help you as well. You can rest assured that we are committed to holding negligent medical professionals accountable for the harm that they cause.

Appendicitis is an inflammation of the appendix and causes pain in your lower abdomen. In most people, the pain begins in the navel and then moves. As the inflammation worsens, the pain increases. While anyone can develop appendicitis, it is most common in people between the ages of 10 and 30. Standard treatment for the condition is the surgical removal of the appendix to avoid the danger of rupture. A ruptured appendix can result in the leaking of infection-causing organisms into the abdominal cavity, which can lead to serious health complications and even death. Appendicitis may be misdiagnosed for any of the following reasons:

  • Improper physical examination;
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The loss of a limb is undoubtedly one of the most devastating things any human being can experience. If you or someone close to you underwent an amputation when it was not medically necessary, you may have been a victim of medical malpractice. At DeFrancisco & Falgiatano Personal Injury Lawyers, our diligent Syracuse medical malpractice attorneys are committed to representing New York residents who have required an amputation due to a medical professional’s negligence.

An amputation refers to the surgical removal of all or part of a limb or extremity, such as an arm, leg, foot, or other body part. The amputation of any body part is a life-altering experience that can lead to serious health problems and psychological issues for a patient. According to The National Loss Limb Information Center, approximately 1.7 million people currently living in the United States can trace their loss of limb to an accident caused by someone else. Unfortunately, in some cases, an amputation is a result of medical malpractice. Common examples of medical malpractice resulting in a need for an amputation include but are not limited to:

  • Surgery on the wrong body part, resulting in amputating the wrong limb;

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