Rochester Medical Malpractice and Personal Injury Lawyer Blog

Published on: November 14, 2018

Rochester Prostrate Cancer Attorneys

If you suffered preventable harm due to a late prostrate cancer diagnosis or because of a delayed prostrate cancer diagnosis, you need to call a knowledge Rochester medical malpractice lawyer who can help you determine whether malpractice occurred. We have held countless negligent doctors and hospitals accountable for medical malpractice when these parties have failed to screen and treat patients for cancer properly.

Prostrate Cancer

Prostrate cancer is cancer that occurs in the prostate – a small gland surrounding the neck of the bladder in men that makes the seminal fluid that transports the sperm. After skin cancer, prostrate cancer is the most common cancer among American men. It affects nearly 200,000 men every year across the country. For this reason, all men should be offered prostrate cancer screening by their primary care physicians and/or urologists starting at the age of 50. In cases where a patient is at an increased risk for prostrate cancer, either because of a family history of the disease or their ethnic background, prostrate screening should begin even earlier.

Published on: November 7, 2018

Rochester Hernia Surgery Malpractice

by DeFrancisco & Falgiatano

While it is considered to be relatively safe, hernia surgery can have serious adverse consequences if it is not performed properly. Suffering any type of medical injury can be very daunting and you may not be sure of what to do next. If you suffered preventable complications as a result of a hernia surgery, our accomplished Rochester medical negligence attorneys can guide you through the process and aid you in understanding your options.

Hernia Surgery

A hernia refers to a bulging of internal organs or tissues through the wall that contains it. While hernias most commonly occur in the abdomen, they can also develop in other parts of the body such as the upper thigh, belly button and groin area. Typically, treatment of a hernia involves surgery to re-position the tissue or organ that is not in the correct place. The type of surgery that will be performed will depend on the severity and location of the hernia. There are two types of hernia surgeries you should be aware of: traditional “open” surgeries in which the surgeon will cut the patient and perform the hernia removal or the laparoscopic surgeries in which a “keyhole” incision is created prior to inserting long instruments as well as a camera to perform the procedure with minimum invasion into the body. Hernia surgery is quite common. In fact, according to the Wall Street Journal, more than a million patients undergo surgery for some kind of hernia every year.

Published on: November 1, 2018

Malpractice in New York Caused by Misdiagnosis of Concussions

by DeFrancisco & Falgiatano

Approximately 2 million people every year suffer from a concussion across the United States. If not properly diagnosed or treated, a concussion can leave a person with permanent brain damage. If this has happened to you or someone you love, you need to reach out to a diligent Rochester misdiagnosis attorney who can be helpful to securing compensation. With extensive experience, we understand how to guide you through complex medical malpractice claims while protecting your rights every step of the way.

Defining a Concussion

A concussion is a mild traumatic brain injury that results in a loss of consciousness and a bruised brain. It typically occurs after a blow to the head but can also happen from having one’s head being violently shaken. Concussions are quite common and they can vary in severity ranging from mild to catastrophic. The symptoms of a concussion may not be immediately apparent but they can include headaches, difficulty concentrating, and impairment of memory, judgment, balance and/or coordination. Sadly, medical professionals sometimes misdiagnose a concussion by assuming it is less serious than it really is or by missing it altogether.

Misdiagnosis or Failure to Diagnose a Concussion

Doctors have an obligation to conduct tests to confirm if a patient is, in fact, suffering from a concussion. If it is discovered that a concussion did occur, the doctor should begin treatment immediately to limit the potential damage. Failure to treat a concussion promptly could lead to long-term cognitive, physical and emotional damage.

Published on: October 30, 2018

Postpartum Hemorrhage Malpractice in Rochester, New York

by DeFrancisco & Falgiatano

While every woman expects to lose some blood during childbirth, excessive bleeding or suffering a hemorrhage after the birth of a child can pose serious health risks to the mother. If you suffered from postpartum hemorrhage, our seasoned Rochester medical negligence lawyers can help evaluate your case and determine whether you have a valid legal claim. We know how stressful these situations can be, which is why we will navigate your case with the utmost compassion.

What is Postpartum Hemorrhage?

The average amount of blood loss for a single baby delivered vaginally is approximately 500 milliliters. For cesarean births, the average amount is about 1,000 milliliters. Postpartum hemorrhage is the acute loss of blood after childbirth and it takes place when a woman loses 500ml or greater of blood during vaginal delivery and 1000ml or greater of blood after a C-section. Sadly, every year, a number of women die due to pregnancy-related complications. Postpartum hemorrhage is a leading cause of complications with an estimated 2.9 percent of women who give birth in the US suffering from excessive bleeding,

Postpartum Hemorrhage Malpractice

There are many factors that increase the risk of a postpartum hemorrhage which doctors and other medical professionals involved in the birth are trained to recognize and should be on the lookout for. For example, placental abruption (i.e., the early detachment of the placenta from the uterus) can greatly increase a woman’s likelihood of a postpartum hemorrhage.

Published on: October 24, 2018

Cervical Cancer Misdiagnosis Malpractice in Rochester

by DeFrancisco & Falgiatano

Unfortunately, cervical cancer is a common diagnosis among women. A doctor’s failure to diagnose or their misdiagnosis of cervical cancer can have catastrophic health effects for a patient. If this has happened to you or your loved one, our Rochester diagnosis error attorneys can help you recover damages for your harm. With years of experience representing victims of medical malpractice, you can rest assured we know how to handle complicated misdiagnosis claims.

Cervical Cancer Statistics

Cervical cancer takes place when abnormal cells on the cervix grow out of control. The cervix is the lower part of the uterus that opens into the vagina. Different strains of the human papillomavirus, a sexually transmitted disease, play a part in causing most cases of cervical cancer. Cervical cancer is one of most common types of cancer among women in the world. In the U.S. alone, there are 13,000 new cases of cervical cancer diagnosed every year, leading to 4,000 deaths, according to the National Cancer Institute.

Published on: October 17, 2018

Gallbladder Surgery Malpractice in Rochester

by DeFrancisco & Falgiatano

If you’ve been injured due to surgical mistakes made immediately before, during or after a gallbladder surgery, you should seek the advice and guidance of a trusted Rochester medical malpractice attorney. These cases are complicated, but with years of experience on our side we will work diligently to uncover the cause of your harm. We know that dealing with a health problem and thinking about a legal claim can be incredibly draining, which is why we will try to resolve you legal matter in the most effective and efficient way possible.

What is the Gallbladder?

The gallbladder is a little hollow organ located under your liver in the upper-right side of the abdomen. The gallbladder houses bile and a mixture of fluids, fats and cholesterol. Bile assists in the breaking down of fat from food in your intestine. In other words, the gallbladder is responsible for storing extra bile produced by the liver, which is used for the breakdown of fats in the digestive process.

Gallbladder Surgery Malpractice

Gallbladder removal is one of the most frequent medical procedures in the United States. This is because gallbladder disease impacts 12 percent of adults and every year more than 700,000 Americans have their gallbladders removed. Many people choose to have their gallbladders removed after they develop gallstones, which cause ongoing painful symptoms. The American College of Surgeons reports that one out of every 1,000 patients die during gallbladder removal.

Published on: October 10, 2018

Herniated Disc Malpractice in Rochester

by DeFrancisco & Falgiatano

Herniated discs are serious injuries that can significantly alter a person’s quality of life. If you believe that you or a loved one suffered an injury due a medical professional’s negligence in diagnosing or treating a herniated disc, you can potentially make a financial recovery for your injury. Our hard-working Rochester medical malpractice attorneys will work with the necessary medical experts to uncover the true cause of your injury and provide you with a realistic assessment of your claim.

What is a Herniated Disc?

The spine is comprised of a series of connected bones known as vertebrae. A disc consists of an outside layer and gel-like middle that separates part of the vertebrae from one another, acting like a cushion of sorts. A herniated disc, also sometimes known as a slipped disc or a ruptured disc, takes place when the outside layer tears and the gel-like middle trickles into the spinal canal. This can lead to compression of the nerves or spinal cord, causing pain, numbness tingling or weakness in one or more extremities.

Published on: October 3, 2018

Pneumonia Malpractice in Rochester

by DeFrancisco & Falgiatano

A diagnosis error related to pneumonia can have serious, even deadly consequences for a patient. If a doctor misdiagnosed pneumonia and caused you or a loved one to suffer harm, you might be entitled to compensation for your injury. Claims involving misdiagnosis can be very complex, which is why having a seasoned Rochester medical malpractice attorney on your side can make all the difference in your case.

Pneumonia is Commonly Misdiagnosed

Pneumonia is a medical condition that is typically caused by an infection that results in inflammation in the lungs. It is the second most misdiagnosed condition and can lead to readmission after a previous hospitalization. Pneumonia is often misdiagnosed because the symptoms can be very similar to other conditions such as a common cold, influenza or even an upper respiratory infection. For this reason, physicians often fail to order proper tests. While chest x-rays are the most common method of diagnosis, they can sometimes fail to sufficiently show the presence of pneumonia.

Liability in Pneumonia Malpractice Cases

If a patient is misdiagnosed with pneumonia, the doctor may be overlooking the diagnosis and treatment for the actual condition, which could be much more serious than pneumonia. In other cases, the patient may not be diagnosed with pneumonia when he or she actually has the condition, ultimately leading to worsened infection due to the absence of treatment.

Published on: September 28, 2018

No Mandatory Arbitration in New York Medical Malpractice Cases

by DeFrancisco & Falgiatano

If you or someone close to you has been hurt by a medical professional’s negligence, you may be entitled to compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, our Rochester medical malpractice attorneys have the skill, experience and dedication needed to handle your case.

In New York, medical malpractice takes place when a medical professional fails to comply with the standard of care that is required by law, thereby causing injury or death to a patient. The standard of care refers to the level of care that a medical professional in the same speciality would use under the same or similar circumstances.

New York law does not require mandatory arbitration, mediation or the submission of your claim to a screening panel as a form of alternative dispute resolution (ADR) prior to a medical malpractice case going to trial. Rather, the case can go directly to trial. This is different from a number of states that require an attempt to settle before the matter goes to court in an effort to reduce the volume of cases in court and resolve claims in a timely manner. While New York law does not mandate ADR, if two parties wish to use the process, they have the right to do so under state law.

Published on: September 25, 2018

Patient Falls off Operating Table During Procedure

by DeFrancisco & Falgiatano

Every surgery carries some level of inherent risks but there are some things that should never happen while you are being operated on. If you have suffered an unnecessary injury due to a surgeon’s negligence, you need to reach out to a seasoned Rochester medical malpractice attorney who can help. At DeFrancisco & Falgiatano Personal Injury Lawyers, we are committed to getting our clients the justice and compensation they deserve in their case.

In a recent North Carolina case, a patient sued Duke Health System over a 2012 incident in which the patient, a 75 year old woman, allegedly fell off an operating table during a heart catheterization and suffered a concussion, jaw injuries and bruises.

North Carolina law mandates that plaintiffs in medical malpractice cases “certify” that they have someone who can serve as an expert witness in their case. The expert witness is typically a medical professional in the same specialty of medicine as the defendant and, as such, can testify regarding the appropriate standard of care in the case. The plaintiff’s case was lacking the necessary “certification.”