Rochester Medical Malpractice and Personal Injury Lawyer Blog

Published on: June 22, 2018

Malpractice Caps Have Led to Doctors Ordering Fewer Invasive Tests

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Heart attacks are the leading cause of death in the United States. About one in every five deaths take place due to a heart attack. Sadly, many of these deaths occur because a doctor failed to diagnose or treat the condition properly. This is especially true in emergency room settings, where it is extremely busy and medical professionals are juggling many different things at the same time. If you or a loved one has suffered a heart attack due to a medical professional’s negligence, you may be entitled to compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, our seasoned Rochester medical malpractice attorneys understand this area of law and can apply our knowledge to use in your case.

A new study published in the Journal of the American Medical Association found that after malpractice caps were implemented, doctors ordered fewer invasive tests to diagnose heart attacks. A research team from George Washington University highlighted how in nine states that adopted medical malpractice caps, doctors ordered 24 percent fewer angiographies as a first test than doctors in 20 states without such caps. Doctors in states that adopted a damages cap also ordered 21 percent fewer coronary angiographies as a follow up and 23 percent fewer coronary procedures, such as stenting, which some researchers believe is an overused procedure.

Doctors often report to practicing defensive medicine to reduce malpractice risk. In other words, doctors often conduct tests simply to reduce the risk of being sued, rather than because they genuinely believe those tests are necessary. The study is important because it shows that reducing malpractice risk is associated with clinical decisions involving coronary artery disease testing and treatment. While overall testing rates did not change, the kind of tests that doctors ordered did change. In sum, doctors tolerate greater clinical uncertainty in coronary artery disease testing and treatment if they face lower malpractice risks.

Published on: June 15, 2018

Organ Puncture or Perforation Caused by New York Medical Malpractice

by DeFrancisco & Falgiatano

surgery

When an organ has been punctured or perforated during surgery, the results can be devastating. If you or someone close to you has suffered this type of harm, you may be entitled to recover damages through a medical malpractice claim against the at-fault surgeon. At DeFrancisco & Falgiatano Personal Injury Lawyers, our seasoned Rochester surgical malpractice attorneys can help you and your family pursue the compensation you are rightfully owed for your injury.

Unfortunately, when an organ is perforated, not only is the vitality and functionality of that organ threatened, but also it can lead to loss of fluids, infection, rupture of sutures, and loss of blood through transport by the organ that is affected. In addition, harmful liquids and other materials from inside the organ can also be released inside the patient’s body. The bowel suffers the most as a result of an organ perforation during surgery. Other organs that are commonly affected are the stomach, liver, and intestines.

During an operation, it is possible for the patient to suffer an organ puncture or perforation due to a medical professional’s negligence, equipment malfunction, or other complications. Organ punctures or perforations are a common type of surgical malpractice. Errors in surgery, whether by an inadvertent slip of a hand or a tissue tear by an instrument during surgery, that lead to the perforation of an organ can have dire consequences.

Published on: June 8, 2018

Medical Malpractice Fatalities in New York

by DeFrancisco & Falgiatano

gravestone
There is nothing more devastating than unexpectedly losing a loved one. If you have recently lost a loved one due to medical malpractice, we can help. At DeFrancisco & Falgiatano Personal Injury Lawyers, our dedicated Rochester medical malpractice attorneys are committed to helping loved ones hold negligent medical professionals accountable for the harm that they cause. With years of experience, we can examine the facts of your case and devise a legal strategy accordingly.

Unfortunately, medical mistakes result in a staggering number of injuries and deaths every year across the United States. In fact, approximately 220,000 to 440,000 preventable deaths every year are caused by medical malpractice. In fact, medical malpractice is the third-leading cause of death in the country, according to one study. Medical malpractice can happen in a variety of ways, including but not limited to diagnostic errors, medication errors, birth injuries, emergency room malpractice, hospital malpractice, surgical errors, anesthesia errors, and more.

Medical professionals are expected to provide a high standard of care to each and every patient. When a patient dies due to a hospital or physician error, the family of the deceased person has the right to file a wrongful death lawsuit against the at-fault party. A wrongful death occurs when a person dies as a result of someone else’s negligence. A wrongful death claim may be appropriate in situations in which the deceased person could have pursued a claim in court had that person been alive. There are strict rules regarding who can file a wrongful death lawsuit. Under New York statutes, a wrongful death claim can be brought by:

Published on: June 1, 2018

Neonatal Seizure Injuries in New York

by DeFrancisco & Falgiatano

baby The joyous occasion of a birth can quickly turn into a nightmare if something is wrong with the baby. Unfortunately, the error or carelessness of a medical professional often leads to harm such as neonatal seizures. If your baby experienced seizures or is experiencing seizures after birth, you need to reach out to a skilled Rochester birth injury attorney who can assess the merits of your case. At DeFrancisco & Falgiatano Personal Injury Lawyers, we have helped many families and can help you as well.

A seizure is uncontrolled electrical activity in the brain that generally produces physical convulsion. Neonatal seizures are typically characterized as seizures that take place within the first month of life. Seizures are typically signs of brain dysfunction. In newborns, seizures can be a sign that a baby suffered some type of brain damage. Often, they are the first sign of a birth injury. There are four types of seizures in newborns:

Subtle seizures: blinking or rapid side-to-side eye movement, leg bicycling, and mouth smacking movements. These occur in about 50 percent of all newborns with seizures.

Published on: May 30, 2018

Nerve Damage Due to Medical Malpractice in Rochester

by DeFrancisco & Falgiatano

ct scan Medical malpractice can result in many different types of injuries, including nerve damage. If you or someone close to you suffered nerve damage due to a doctor’s mistake, you may be entitled to compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, our skilled Rochester medical malpractice attorneys can scrutinize the facts of your case and provide you with an honest assessment of your claim.

A nerve is one or more bundles of fiber forming part of a system that conveys impulses of sensation, motion, pain, pressure, temperature, and more. Put simply, nerves transit messages between the brain and the rest of the body. Nerve damage can include a wide range of injuries from minor to severe. Nerves that have been severely injured can suffer a permanent loss of function or sensation. If a nerve is damaged but not severed, the result can be chronic pain. Unfortunately, this pain typically gets worse over time. Nerve damage can be a result of a variety of medical mistakes, including but not limited to:

A surgical mistake causing damaged or severed nerves;

Published on: May 23, 2018

Endoscopy Malpractice in Rochester

by DeFrancisco & Falgiatano

doctor An endoscopy is a type of medical procedure that makes it easier for a doctor to look inside a patient’s body. While the procedure is relatively safe, a patient can suffer serious injuries if the doctor commits an error or is careless. If you have suffered a complication from an endoscopy, you will likely require additional medical attention to remedy the problem, which can be expensive and time-consuming. At DeFrancisco & Falgiatano Personal Injury Lawyers, our skilled Rochester medical malpractice attorneys will examine the facts of your case and help you pursue the compensation you deserve.

An endoscopy is a nonsurgical medical procedure that permits a physician to look at a person’s digestive tract by using an endoscope. An endoscope is a long, thin tube with a miniature camera and light fitted at the end in order to give the doctor a detailed view inside the body. The endoscope, also commonly known as the scope, is inserted through the mouth of the patient and is used to inspect the esophagus and stomach, the abdomen or pelvis, joints, the urinary system, the large intestines, and the lungs.

If a patient needs to be sedated for an endoscope procedure, the risks associated with anesthesia include patients suffering an adverse reaction to the medication or being allergic to the medication. Other risks associated with an endoscopy include:

Published on: May 16, 2018

Injuries Caused by Faulty Medical Devices in New York: Malpractice or Product Liability?

by DeFrancisco & Falgiatano

pacemaker
Typically, when a medical device malfunctions, the manufacturer will be held accountable through a product liability claim. However, in many cases, there is a medical malpractice component to the matter as well. If you or someone close to you has suffered an injury due to a faulty medical device, our experienced Rochester medical malpractice attorneys can help. With years of experience, we understand the nuances of this area of law and can help you understand your rights and options.

A medical device is any instrument or equipment used to treat, diagnose, or prevent a medical condition. The Food and Drug Administration (FDA) is the government body that protects the public from any health hazards that may be caused by a defective medical device. Despite the FDA’s stringent approval process, the reality is that dangerous medical products are often put into the stream of commerce and end up in hospitals, clinics, and even the hands of consumers.

Product liability is an area of law that holds manufacturers and sellers liable for injuries or death resulting from a defective product. When a medical device is inherently defective, you may still have a medical malpractice claim in addition to or instead of a product liability claim. Medical malpractice takes place when a medical professional fails to use the standard of care that another medical professional in the same specialty would have used under the same or similar circumstances.

Published on: May 9, 2018

Concurrent Surgeries in Rochester

by DeFrancisco & Falgiatano

operation blade If you have ever had surgery, you know that it can be extremely daunting even if it is a minor procedure. Imagine knowing that the surgeon was performing another surgery at the same time. This is a surprisingly common practice. If you or your loved one was injured due to a surgeon’s negligence related to performing overlapping surgeries, we can help. At DeFrancisco & Falgiatano Personal Injury Lawyers, our skilled Rochester medical malpractice attorneys are committed to holding negligent medical professionals accountable for the harm that they cause.

Concurrent surgeries, also known as overlapping or simultaneous surgeries, refer to situations in which the attending surgeon is responsible for two or more surgeries on different patients in different operating rooms at the same time for at least part of the procedure. An example of concurrent surgery would be if a surgeon is scheduled two perform two procedures in a day and preparation and procedure for one patient starts in one room as the care of another patient is completed.

Studies have been divided on the issue. Some studies have been published arguing that the practice is safe. However, other studies have highlighted that there is no reason to double book surgeries other than financial gain. In 2017, the Journal of the American Medical Association (JAMA) published a study concluding that overlapping surgery in complex neurosurgical cases can be performed without risking patient safety. However, in January of 2018, JAMA Intern Med released a study which found that overlapping surgeries led to significant increase in complications for patients undergoing hip replacements or other surgeries related to hip fractures.

Published on: May 2, 2018

Stage 4 Bedsores Caused by Malpractice in Rochester

by DeFrancisco & Falgiatano

bed If you or someone close to you has suffered bedsores due to the negligence of a nursing home or hospital, you may be entitled to compensation through a medical malpractice claim. At DeFrancisco & Falgiatano Personal Injury Lawyers, our Rochester medical malpractice attorneys can guide you through the legal process and help you resolve your case in an efficient and effective manner.

A bedsore is a painful, often reddened area of degenerating, ulcerated skin caused by pressure from lying in bed in one position for a prolonged period of time. Stage 1 bedsores may involve redness of the skin, bruising, or discoloration. Stage 2 bedsores involve broken skin where the top skin layers die off, creating a shallow crater and risk of infection. Stage 3 bedsores affect the deeper tissue under the skin, including the fat layer. They appear to be like craters and may have pus-like drainage. Stage 4 bedsores are the most serious and affect the skin and layers of tissue down to the muscle and bone. At this stage, serious bruising and drainage may be present.

Unfortunately, bedsores are more common than you may think. The Centers for Disease Control and Prevention (CDC) found that 2.5 million individuals suffered from bedsores in 2011. The CDC also estimates that bedsores affect the health of nearly 1 million adults throughout the country each year. The mortality rate among people with stage 4 bedsores is high, with almost 70 percent of people diagnosed with stage 4 bedsores dying within 180 days.

Published on: April 30, 2018

Diabetes Malpractice in Rochester

by DeFrancisco & Falgiatano

When diabetes is not diagnosed or treated, it can lead to devastating consequences for the patient. If you believe that you have suffered harm due to a medical error, we can help. At DeFrancisco & Falgiatano Personal Injury Lawyers, our Rochester medical malpractice attorneys are ready to evaluate the merits of your case and provide you with an honest assessment of your claim. With decades of experience, we know how to resolve complex medical malpractice cases.

Diabetes is a disease in which the body’s ability to respond to the hormone insulin is impaired, resulting in an abnormal metabolism of carbohydrates and heightened levels of glucose (blood sugar) in the blood stream and urine. In short, diabetes is a disease in which the body either cannot produce insulin or cannot properly use the insulin it produces. It is a complex condition, which can affect the entire body. In fact, it is a chronic, debilitating, and sometimes deadly disease. There is no cure for the condition; it simply has to be managed properly.

Unfortunately, diabetes is more common than you may think and represents a growing health problem in this country. According to the Centers for Disease Control and Prevention, more than 100 million adults in the U.S. are currently living with diabetes or pre-diabetes conditions. Sadly, in 2015, approximately 9.4 percent of the country’s population was diabetic. That same year, it was the seventh-leading cause of death in the nation.