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bloodBlood 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;
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xrayWhen we visit a doctor, we expect to receive competent care. While it is important for medical professionals to be diligent, the reality is that overtreatment of patients is a serious problem in New York and throughout the United States. If you believe that you or someone close to you suffered an injury caused by unnecessary treatment or care, you may be entitled to compensation for your injuries. At DeFrancisco & Falgiatano Personal Injury Lawyers, our Syracuse medical malpractice attorneys can examine what happened in your case and help you determine your legal rights and options.

A study released by PLOS One exposed the issue of overtreatment in the United States. The study found that at least 15 to 30 percent of overall medical care is unnecessary. About 21,000 doctors participated in the survey, administered by researchers from Johns Hopkins and Harvard Medical School. The data revealed that about 22 percent of prescription medication, 25 percent of tests, and 11 percent of procedures that are given are not necessary. For instance, not every patient with back pain needs an x-ray, but an x-ray is ordered a lot of the time.

Nearly 85 percent of the doctors in the study said the reason for overtreatment was fear of malpractice lawsuits, while nearly 60 percent of doctors said patients demand unnecessary treatment. More than 70 percent of doctors conceded that physicians are more likely to perform unnecessary procedures when they profit from them, while only 9.2 percent admitted that their own financial security was a factor.

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courtIn the vast majority of cases, the key to surviving cancer is early detection, diagnosis and treatment. Unfortunately, doctors sometimes miss a cancer diagnosis and deprive patients the chance to beat the disease. If you have suffered or lost a loved one because of a doctor’s failure to diagnose cancer, you need to reach out to a reputable Syracuse medical malpractice attorney without delay. At DeFrancisco & Falgiatano Personal Injury Lawyers,

Earlier this month, New York Governor Andrew Cuomo signed into law a bill that extends the statute of limitations for cancer-related malpractice lawsuits. Put another way, the bill would extend the amount of time in which a patient can file a medical malpractice lawsuit for a missed cancer diagnosis. Referred to as ‘Lavern’s law,’ the bill gives patients a two-and-a-half year time frame to file a malpractice claim from when they discover a mistake or a missed misdiagnosis involving cancer. Currently, the clock starts when the mistake is made as opposed to when it is discovered, This means patients often lose their chance to sue even before they discover there has been a mistake.

The law is is named after Lavern Wilkinson, a woman from the Bronx who died in 2013 at age 41 after doctors failed to detect that she had a curable form of lung cancer. It is important to note that the bill would offer a window for cases going back seven years. The changes only apply to cancer cases and not other illnesses. The bill, unsurprisingly, was strongly opposed by physicians and hospitals who believe that the measure will only inflate the cost of liability insurance.

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stomachWeight loss surgeries such as gastric bypass surgery have gained immense popularity in recent years. If it is not performed properly, gastric bypass surgery can have devastating effects on patients and their families. If you or a loved one has been injured during or as a result of a gastric bypass procedure, you may be entitled to compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, our Syracuse medical malpractice attorneys can scrutinize the facts of your case and determine the viability of your claim. You can rest assured that we are here to protect your rights at every step of the way.

Gastric bypass surgery refers to a procedure that helps an individual lose weight by changing how the stomach and intestine handle the food that a person eats. The surgery generally involves making a small stomach and removing the rest of the stomach. The small intestine is then attached to the new stomach, permitting the lower part of the stomach to be bypassed. After the surgery, the stomach is smaller, and individuals feel full with less food.

Unfortunately, injuries and deaths associated with gastric bypass procedures are more common than you may think. According to a study in the Journal of the American Medical Association, 2 percent or one in every 50 gastric bypass surgery patients died within 30 days of their operations. The report also found that 5 percent or one in 20 died within a year – the complications ranging from infection and incisional hernia to ulcers and blood clots in the lungs.

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pregnantThe birth of a baby is supposed to be one of the happiest days in a parent’s life, but it can quickly turn into a nightmare if things don’t go well. If a doctor fails to perform a C-section in a timely manner, the baby can suffer a wide range of adverse health consequences, including brain damage. If you suspect that your child suffered a birth injury because a doctor failed to perform a timely C-section, you may be entitled to compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, our Syracuse birth injury attorneys can analyze the facts of your case and determine whether malpractice took place.

Doctors perform a Cesarean delivery, also known as a C-section, when it would be safer for either the mother or the baby than a vaginal birth. The procedure is performed by making an incision in the mother’s abdomen, and the baby is delivered. Obstetricians are trained to recognize the signs of fetal distress but may often have to perform C-sections in a number of situations. A failure to perform a timely C-section is often caused by a failure to recognize that the baby is in fetal distress, a failure to closely monitor the mother and child during late pregnancy and labor or a failure of the hospital or physician to book an operating room and perform the procedure quickly enough.

A delayed C-section can result in a wide range of birth injuries, including brain damage, cerebral palsy, shoulder dystocia, development disabilities, or transfer of diseases. In addition, a delayed C-section can deprive the baby’s brain of oxygen, leading to serious conditions such as Erb’s Palsy. In the most serious cases, a delayed C-section can lead to the death of a baby.

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gavelIf you or someone close to you has been injured in what seems like a clear case of medical malpractice, we can help. At DeFrancisco & Falgiatano Personal Injury Lawyers, our experienced Syracuse medical malpractice attorneys can help you seek the compensation you need to put your life back together. We understand that these cases can be daunting, but you can rest assured we will try to make the process as seamless as possible for you.

“Res ipsa loquitur” is Latin for “the thing that speaks for itself.” When a case is tried on the legal theory of res ipsa loquitur, the circumstantial evidence in the case is so convincing that it removes possible causes of the patient’s injury other than the doctor’s negligence. Put another way, in situations in which a specific cause of an injury is unknown, res ipsa loquitur permits negligence to be inferred from the circumstances under which a injury took place, if the injury would not normally occur in the absence of negligence.

The doctrine may be applicable to certain medical malpractice cases, especially cases involving injuries during surgical procedures. For example, if an injury to an anesthetized patient occurs during surgery in an area remote from the operating site, res ipsa loquitur may be appropriate to establish malpractice. In such a scenario, the plaintiff would have to show that the surgeon can be presumed negligent because he or she had exclusive access to the patient’s body at that time, the injury would not have occurred in the absence of negligence, and the plaintiff did not contribute to the injury in any way. It is important to note that to rely on res ipsa loquitur, the plaintiff need not conclusively eliminate the possibility of all other causes of injury.

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heart

If you have been injured or your loved one has died due to a medical professional’s failure to correctly diagnose a heart attack, you may be able to recover compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, our Syracuse medical malpractice attorneys understand how to navigate these complex claims and can put our knowledge to use in your case.

A heart attack happens when the blood supply to part of the heart muscle itself is seriously reduced or stopped. Put another way, a heart attack takes place when there is inadequate blood supply to the heart. When blood flow is restricted, the heart muscle starts to fail, resulting in severe chest pain. According to the Centers for Disease Control and Prevention, someone dies from a heart attack every 40 seconds in the United States. About 20 percent of cardiac events are characterized as “silent,” meaning the victim is unaware that the heart attack occurred, even though the body is dealing with the detrimental effects.

In most cases, a patient will experience certain things before the onset of a heart attack, such as chest pain, left shoulder pain, nausea, fainting or light-headedness, cold sweats, and having difficulty breathing. In addition to these signs, certain patients often have higher risk factors for heart attacks, some of which include high blood pressure, obesity, smoking, lack of physical activity, and diabetes.

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babyIf 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:

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anesthesiaAnesthesiologists play a vital role in keeping patients safe during surgical procedures. If you or a loved one has suffered harm due to an anesthesia error, you may be entitled to compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, our skilled Syracuse anesthesia malpractice attorneys understand the serious consequences that can result from such errors, which is why are committed to providing aggressive yet compassionate representation at every step of the way. You can rest assured that we are here to answer your questions and address your concerns.

Whether it is a local anesthetic or a general anesthetic that puts you to sleep, the goal of anesthesia is the same:  to reduce or prevent pain and allow physicians to work. While the use of anesthesia is normally safe, mistakes involving anesthesia can lead to serious injuries and even death. Anesthesia errors affect many people in New York and throughout the United States each year. In fact, the Joint Commission on Accreditation of Healthcare Organizations states that 21,000 to 42,000 Americans experience anesthesia awareness each year – a condition in which the intended state of complete unconsciousness is not maintained throughout the whole surgical procedure. In other words, the patient can recall the surroundings or an event related to the surgery while under general anesthesia. Other examples of anesthesia errors include:

  • Dosage error (too much or too little);
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casketLosing a loved one is a shattering experience in anyone’s life, especially when the death was untimely and unexpected. If you lost a loved one during or shortly after a medical procedure, you may be entitled to file a wrongful death lawsuit. At DeFrancisco & Falgiatano Personal Injury Lawyers, our skilled Syracuse wrongful death attorneys will thoroughly review your claim and determine how we can help. With years of experience, you can rest assured that we understand how to pursue the compensation you need to move on with your life.

Unfortunately, medical malpractice is more common than you may think. In fact, one Johns Hopkins study found that medical malpractice deaths are the third-leading cause of death in the nation. According to data collected by the Institute of Medicine, one of five medical errors are potentially serious or fatal. Additionally, an estimated 98,000 Americans die each year due to preventable medical errors, including 7,000 deaths caused by medication errors.

When your loved one’s death is caused by someone else’s negligence, you may be able to file a wrongful death claim against the at-fault party. New York places the responsibility of filing the wrongful death claim on the “personal representative” of the deceased person’s estate. This means family members are not allowed to file a wrongful death claim in civil court unless that family member is also the personal representative of the deceased person’s estate. However, the wrongful death claim may seek damages for losses suffered by the deceased person’s heirs, beneficiaries, or devisees, as well as any losses suffered by the decedent’s estate.

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