Articles Posted in Medical Malpractice

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ct scanMedical 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;
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doctorAn 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:

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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.

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bedIf 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.

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diabetesWhen 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.

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backIf you or a loved one has been injured by the carelessness of a chiropractor, our skilled Rochester medical malpractice attorneys can help you pursue a case against the at-fault party. At DeFrancisco & Falgiatano Personal Injury Lawyers, we have a thorough understanding of chiropractic practice. We can help you navigate the legal process and assert your rights throughout the entire course of action.

A chiropractor is a licensed health care professional who diagnoses and treats the misalignment of joints. Specifically, a chiropractor treats disorders of the musculoskeletal system, such as neck and back pain, especially through the manual adjustment or manipulation of the spinal vertebrae to remedy nervous system dysfunction. The goal of a chiropractor in most cases is essentially to reduce pain and improve the functionality of patients.

While chiropractors are not doctors, they are medical professionals that could be liable for malpractice. Depending on the state, chiropractors often perform procedures such as electromyography, acupuncture, and spinal manipulations. For the majority of the time, negligent manipulation is what leads to a patient’s injury. For example, improper adjustments could lead to herniated discs, neck injuries, and nerve damage. In some cases, chiropractors can even cause a stroke. This can happen when the chiropractor manipulates the patient’s neck in a way that ruptures or blocks arteries to the brain. The vertebral artery is particularly at risk, since it wraps around the cervical vertebra entering into the head. This can cause a blood clot that cuts off the flow of blood and oxygen to the brain.

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Medical malpractice can lead to serious and long-term harm. In the most serious cases, malpractice can result in death. When a person has been injured by a medical professional’s negligence, that person can potentially recover damages for his or her harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, our Rochester medical malpractice attorneys can examine the facts of your case and come up with a legal strategy accordingly.

According to a study published in a recent issue of Health Management, Policy and Innovation (HMPI), there was no negative impact on patient safety when approximately 900 University of Miami Health System doctors received sovereign immunity from medical malpractice claims while working at 1,600-bed government-owned Jackson Memorial Hospital (JMH), which is protected by sovereign immunity as a government entity. The same 900 doctors who work at JMH are also employed by the University of Miami Hospital, a privately owned 560-bed facility. Sovereign immunity applied to the former but not the latter. The study found that the rate of harmful events decreased by 23 percent over a four-year time frame. The study suggests that even without the fear of malpractice, medical professionals are committed to proving competent care to their patients.

Medical malpractice happens when a health care provider causes an injury or death by not using the level of carefulness that a competent health care provider would use under similar circumstances. Medical malpractice can happen in a variety of ways, including surgical errors, diagnostic errors, prescription errors, and treatment errors. Of course, this list is not exhaustive. To win a malpractice lawsuit, the plaintiff is required to prove the following:  i) the doctor owed the patient a duty of care; ii) the doctor violated the duty of care that was owed; and iii) the doctor’s violation was a direct cause of the patient’s harm.

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Each year, over 100,000 people in the United States die due to complications associated with pulmonary embolism and deep vein thrombosis (DVT). Unfortunately, many of these deaths could have been prevented. If you or someone close to you has suffered adverse health consequences due to DVT or pulmonary embolism complications, you need to contact a seasoned Rochester misdiagnosis attorney who can help. We are committed to getting you the compensation you deserve for your harm.

DVT occurs when a blood clot forms in the deep vein of the leg. It is possible for such clots to develop in the lower part of the person’s body as well as below the pelvis. While DVT can sometimes resolve on its own, DVT can be life-threatening if the blood clot dislodges and travels to the lungs – a condition known as a pulmonary embolism (PE). A pulmonary embolism can be deadly because it blocks the artery in the lung, cutting off the blood supply completely. Medical professionals can administer certain tests to show the presence of blood clots that can indicate DVT. Once DVT is detected, the main goal becomes preventing the clot from reaching the lungs and causing a pulmonary embolism.

In New York, medical malpractice occurs when a health care professional, physician, medical institution, or any other health care-associated establishment fails to provide care for a patient in accordance with the generally accepted standards, and the individual is injured or their condition or illness worsens as a result. To establish medical malpractice, you will need to successfully prove the following elements:  i) you were under the care of a physician; ii) while you were receiving medical treatment, the physician failed to act as a physician in that specialty should; and iii) you were injured as a result.

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hospitalMedical malpractice claims can be very complicated. If you or a loved one has been a victim of medical malpractice, you need to reach out to a skilled Rochester medical malpractice attorney without delay. At DeFrancisco & Falgiatano Personal Injury Lawyers, we understand how to handle medical malpractice claims and seek the compensation our clients deserve for their harm.

A recent report released by The Doctors Company shows that medical malpractice claims against nurse practitioner (NPs) do not significantly differ from those made against primary care doctors. With projections that NPs will represent almost one-third of the family practice workforce by 2025, the study may shed some important insights. The report was compiled by the nation’s biggest physician-owned medical malpractice insurer and is based on almost 1,500 claims filed against NPs and family medicine and internal medicine doctors from the time span of January 2011 through December 2015. The main findings of the report were as follows:

  • Diagnosis-related and medication-related claims were comparable for NPs and primary care doctors;
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stethoscopeIf you or your loved one has been a victim of medical malpractice, you may be able to seek compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, our Rochester medical malpractice lawyers can review the merits of your case and assist you in determining your course of action. You can rest assured that our firm can guide you through the legal process in a thoughtful and compassionate manner.

A study recently released by WalletHub found that New York is the third-worst state for doctors, coming out just ahead of Rhode Island and New Jersey. The study compared states on 16 metrics, including annual salaries, starting salaries, hospitals per capita, hospital quality competition, and how much was awarded in malpractice per capita. One of the biggest setbacks for doctors working in New York is the high cost of malpractice liability insurance. In fact, New York was found to have the most expensive annual malpractice liability insurance in the United States. Exacerbating the cost of malpractice insurance is the amount that New York doctors are paid. The state came in 29th place in the study when it comes to wages for doctors. This fact, coupled with the cost of living in New York, affects the big picture for doctors.

In New York, you may bring a medical malpractice lawsuit for an injury you suffered against a licensed health care provider based upon their negligence, misconduct, mistakes, or omissions in the rendering of medical services. Specifically, medical malpractice occurs when a medical professional causes injuries or death by failing to adhere to the standard of care that a reasonable medical professional in the same specialty would have used in the same or a similar situation. Some examples of medical malpractice cases include but are not limited to:

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