Articles Posted in Medical Malpractice

The tracheotomy procedure, also known as a tracheostomy, is a type of medical procedure that involves the use of a breathing tube. These procedures are frequently performed on patients with neck or facial cancer or significant facial injuries. Patients who have had recurrent pneumonia or any other type of breathing problem may have had a tracheotomy. A tube is inserted into the trachea during this procedure. To insert the tub, an incision in the neck must be made to allow the doctor to insert a breathing tube into the trachea—more commonly known as the windpipe. This procedure then allows the patient to breathe through the tube rather than their mouth or nose, as they would normally. While the procedure is generally thought to be safe, complications can and do arise. These complications may be the result of a tracheotomy surgical error in some cases. If you or a loved one were injured because of a routine tracheotomy procedure, you may be eligible for compensation. Understanding the procedure and your legal options can assist you in determining how to proceed. Our highly experienced medical malpractice attorneys at DeFrancisco & Falgiatano may be able to assist you in obtaining the compensation you deserve.  We serve clients throughout Upstate New York and have offices in several convenient locations. Our extensive experience in the field of medical malpractice is reflected in the results we have obtained for our clients.

A tracheotomy is occasionally performed as a result of an emergency. Due to the emergent nature of the situation, the procedure may be performed quickly. While an urgent procedure may differ slightly, a tube will still be placed in the patient’s neck to improve the patient’s ability to breathe. When performed in an emergency, the procedure is known as cricothyroidotomy. This is usually the result of some kind of traumatic injury.

While a tracheotomy is performed to help with breathing difficulties, breathing problems may persist in some cases even after this procedure is completed. It should be noted that some difficulty is normal in the process of learning to breathe again. However, if the difficulty breathing persists, this is not normal. Breathing difficulties could be due to a blockage caused by pressure, mucus, or blood. Such issues are usually simple to resolve. Breathing problems can also be caused by medical malpractice or tracheotomy malpractice.

The sinuses are vital aeration, drainage, and lubrication channels that keep the skull clear and the nasal passages free of invaders such as dust and pollen. The fine hairs that line the sinuses, known as cilia, act as a conduit for mucus drainage from the sinuses to the nose. Because the sinuses must remain clear for proper breathing, surgery is sometimes required to clear them when they become blocked due to growths, infections, or structural abnormalities. Call our office right away if you or a family member has been injured as a result of surgical malpractice.  Our highly experienced medical malpractice attorneys at DeFrancisco & Falgiatano may be able to assist you in obtaining the compensation you deserve.  We serve clients throughout Upstate New York and have offices in several convenient locations. Our extensive experience in the field of medical malpractice is reflected in the results we have obtained for our clients.

Individuals may undergo sinus surgery for a variety of reasons. If a person is born with bone deformities that block the sinuses or had trauma to the face that has left bones protruding into the sinuses, surgery may be required to remove sinus obstructions. Similarly, when tumors, polyps, or other nasal growths appear, they must be surgically removed or risk sinus blockages and infections that can cause swelling, which is another source of problems when they obstruct the free passage of mucus from the sinuses to the nose. Nasal polyps are small swellings in the nasal passages that can cause obstruction. They develop when the nasal lining becomes irritated and swollen, and they can cause breathing problems, face pain, runny nose, recurring infections, nasal congestion, and loss of smell.

Sinus infections or sinusitis may also necessitate surgery. Common sinusitis symptoms include a runny nose, congestion, headache, cough, pressure around the face, particularly around the eyes, nose, and brow, hearing loss due to ear blockage, and mucus dripping down the throat. When infections reoccur frequently, surgery to clear the passages and prevent future infections may be required. Most doctors will first try antibiotics before removing nodules or other obstructions surgically. To combat recurring infections, they may also recommend nasal sprays and rinses, steroids, allergy medications, and antihistamines. If everything else fails, surgery may be the only option.

Vasectomy is one of the most common surgical procedures performed in the United States. This straightforward operation is a form of birth control that works by preventing sperm from leaving the body through the penis. Doctors do about 500,000 vasectomies in the US per year. They are usually covered by insurance.  If you or someone you love was injured by a medical provider during a vasectomy procedure, call our office today.  At DeFrancisco & Falgiatano, our highly experienced medical malpractice attorneys may be able to help you collect the compensation you deserve.  We help clients throughout Upstate New York, with offices in multiple convenient locations. Our extensive experience in the medical malpractice field is reflected in the results we have achieved for our clients.

A vasectomy may appear to be painful and dangerous, but we assure you that it is only mildly uncomfortable and completely safe. Vasectomy procedures are classified into two types. The traditional vasectomy is the first and most common procedure and the no scalpel vasectomy is the second and slightly less invasive procedure.  Both of these procedures have advantages and disadvantages. As a result, in order to make an informed decision, you must understand the distinctions between these procedures. Your final decision will depend on your preferences and the surgeon you consult.

Both no-scalpel and traditional vasectomies are effective methods of birth control.  The main difference is how the vas deferens is accessed during the procedure. Recovery times are shorter with a no-scalpel vasectomy because it is less invasive than a traditional vasectomy.

The gallbladder is a small, pear-shaped organ located on the right side of the abdomen, just beneath the liver. The gallbladder stores bile, a digestive fluid that is released into the small intestine. Gallstones are hardened deposits of digestive fluid in the gallbladder.

Gallstones can be as small as a grain of sand or as large as a golf ball in size. Some people develop only one gallstone, while others develop several gallstones at once. Gallstones that cause symptoms usually necessitate gallbladder removal surgery. Gallstones that do not cause any symptoms usually do not require treatment. When your gallbladder isn’t working properly, hard fragments known as gallstones can form.

Gallstones do not dissolve or disappear by themselves. If you are experiencing pain or other distressing symptoms, you may be forced to have your gallbladder removed. Around 80% of people who develop gallstones require surgery. Many gallbladder surgeries are laparoscopic and take between one and two hours to complete. A few small incisions are made in your abdomen by your surgeon. Thin, hollow tubes are inserted through the incisions during the procedure. Your surgical team inserts other surgical tools through the tubes using a laparoscope.

When the upper part of your stomach bulges through the large muscle that separates your abdomen and diaphragm, you have a hiatal hernia. A small opening (hiatus) in your diaphragm allows your food tube (esophagus) to pass before connecting to your stomach. The stomach pushes up through that opening and into your chest in a hiatal hernia. A small hiatal hernia usually causes no problems. You might not even be aware you have one unless your doctor discovers it while testing for another condition. A large hiatal hernia, on the other hand, can allow food and acid to back up into your esophagus, causing heartburn. Usually, self-care or medication can alleviate these symptoms. A large hiatal hernia may necessitate surgery.

Although many people have heard of hernias, few are familiar with them. Because these conditions frequently go unnoticed for months or even years, many people are unaware that they have one. A hernia is a gap in tissue or muscle that allows organs to bulge through, most commonly when the intestines break through the abdominal wall. Hernias are most commonly found in the stomach region between the hips and chest, but you may also be diagnosed with a hernia in the groin or near your upper thighs. While most hernias are not fatal, some necessitate surgery to avoid serious health complications, and certain types of hernias are more prone to complications than others.

Regardless of the differences between hernias and hernia sufferers, one thing remains constant: doctors and medical professionals have a responsibility to thoroughly examine patients, run appropriate tests and correctly read them, diagnose hernias in a timely manner, and take appropriate measures to prevent further medical issues that may result from these conditions. Furthermore, surgeons are responsible for performing hernia repair surgery in the best possible manner, avoiding surgical errors and negligent practices that may result in hernia surgery complications. It is then the responsibility of healthcare providers to ensure that patients receive thorough and accurate postoperative instructions and are fully informed of the risks before consenting to the procedure. Failure to complete any of these critical steps in the process may constitute medical negligence, giving those who have been injured grounds to sue for fair compensation. If you have questions about hernia-related malpractice, speaking with an experienced malpractice attorney can provide you with the answers you need to fight for your rights. Our highly experienced medical malpractice attorneys at DeFrancisco & Falgiatano may be able to assist you in obtaining the compensation you deserve.  We serve clients throughout Upstate New York and have offices in several convenient locations. Our extensive experience in the field of medical malpractice is reflected in the results we have obtained for our clients.

Guillain-Barré Syndrome (GBS) is an autoimmune inflammatory disorder of the peripheral nerves that are located outside of the brain and spinal cord. GBS is distinguished by the sudden onset of numbness, weakness, sensory degeneration, and, in some cases, paralysis of the legs, arms, breathing muscles, and face. The paralysis is ascending, which means it moves up the limbs from the fingers and toes to the torso. Loss of reflexes, such as the knee jerk, is common.  Approximately 50% of cases occur shortly after a viral or bacterial infection, some of which are as simple and common as the flu or food poisoning.

Guillain- Barré syndrome is characterized by the immune system attacking the nerves and causing weakness and tingling in the extremities, eventually leading to paralysis if left untreated  Wrong diagnoses that can mask GBS symptoms include lung infections caused by breathing difficulties, cardiac arrhythmia caused by rapid heartbeat, general weakness caused by anemia and fatigue, neurological disorders, fibromyalgia-like muscular pain, and conditions that mimic Rheumatoid Arthritis.

Guillain- Barré syndrome is a condition that can endanger your nervous system.  Damage to the nervous system can have long-term consequences. Not only is the ability to feel and sense threatened, but so is the ability to control certain bodily functions. As a result, it is critical that healthcare providers prioritize the proper diagnosis of ailments that target this system of the body, or else they could be considered negligent and guilty of malpractice. When GBS is detected early and treated, patients recover completely over time. However, recovery times vary from person to person. Atypical clinical signs and symptoms may delay GBS diagnosis. Early neurological evaluation is linked to better clinical diagnosis and discharge outcomes.  If you or a loved suffered a complication or worsening of the condition due to a misdiagnosis of Guillain- Barré syndrome, or a failure to diagnose it, you could be eligible for damages.  Contact the seasoned medical malpractice attorneys at DeFrancisco & Falgiatano.  We help clients throughout Upstate New York, with offices in multiple convenient locations. Our extensive experience in the medical malpractice field is reflected in the results we have achieved for our clients.

Radiation is used to treat or diagnose a wide range of diseases that affect today’s population. Common tests in hospitals and emergency rooms require radiation, and treatment for certain types of cancer necessitates prolonged, intense exposure. However, this treatment may cause complications. Acute Radiation Syndrome (ARS) is a short-term illness caused by irradiating the entire body with a high dose of penetrating radiation in a matter of minutes. Many tests use radiation to determine what is going on inside the body. X-rays and CT scans are two common diagnostic tools. However, the radiation itself is dangerous to patients’ health. When patients are subjected to an excessive number of tests, they may be exposed to a radiation overdose. It is far too easy for this to happen because the doctor and technicians’ primary concern is not what is safe for the patient, but rather obtaining a clear picture so that a diagnosis can be made. Patients are frequently exposed to dangerously high levels of radiation in the name of obtaining a clear picture, which is grounds for a lawsuit.

While the causes of action for radiation overdose are not exaggerated in any way, some symptoms are widely accepted as part of the risk. Fatigue is a very common side effect of radiation treatment, and it can also appear after several CT scans in a short period of time. Hair loss and low blood pressure are two other side effects. In most cases, all of these are regarded as acceptable risks in the context of treatment. However, if you have unusual symptoms or even normal side effects to a higher degree, this could indicate radiation poisoning. Low blood pressure is a common side effect of radiation treatment, but if it appears sooner than one to two weeks after treatment or lasts longer than a few days, it could be an indication of an overdose. Radiation overdose or radiation sickness can result in tissue damage, dangerously low blood pressure, significant hair loss, and other potentially debilitating symptoms such as bloody stools, skin burns and tissue damage, dizziness, hair loss, headaches, fatigue, fever, low blood pressure, nausea, and vomiting.  Serious radiation overexposure can also result in cancer and death.

If you or a loved one has suffered from radiation-related injuries, you should contact the experienced medical malpractice attorneys at DeFrancisco & Falgiatano. Our highly experienced medical malpractice attorneys may be able to assist you in obtaining the compensation you deserve.  We serve clients throughout Upstate New York and have offices in several convenient locations. Our extensive experience in the field of medical malpractice is reflected in the results we have obtained for our clients.

Unborn babies, like adults, come in all shapes and sizes. The shape and size of an adult can have a significant impact on their overall health. Being too big or too small in an unborn baby can cause serious problems, potentially for both the baby and the mother, before, during, and after birth.

When a baby weighs more than 8 pounds, 13 ounces at birth or any time before birth, this is referred to as fetal macrosomia. It also refers to an unborn child who weighs 90% or more of the average for a baby of the same gestational age.  A baby can be… large at times. However, the doctor should closely monitor the fetal size of the baby, as well as any conditions or complicating factors for the mother.

Standard prenatal care includes fundal height measurements and ultrasounds to determine the amount of amniotic fluid present. Ultrasounds can also be used to measure the baby and provide information about the baby’s size. If your doctor fails to perform routine testing, or if they do but misinterpret or ignore the results, it could be considered malpractice if a negative outcome occurs, such as injury to the mother or baby as a result of the missed information.  The vaginal delivery of a baby with macrosomia may result in birth injuries to either the baby or the mother.  Your baby could be born with low blood sugar, develop childhood obesity, and develop metabolic syndrome, which includes high blood pressure, high blood sugar, excess body fat, and abnormal cholesterol. If a doctor suspects that a baby has macrosomia, he or she can and should take precautions to protect both the baby and the mother.

Muscular dystrophy is a group of more than 30 genetic conditions that affect muscle function and cause progressive weakness and muscle mass loss. These conditions are a type of myopathy or skeletal muscle disorder.  In muscular dystrophy, abnormal genes disrupt the production of proteins required for the formation of healthy muscle. In the United States, the total number of cases ranges from 16 to 25 per 100,000 people. The symptoms of the most common type of muscular dystrophy appear in childhood, mostly in boys. Other types do not emerge until adulthood. There is no cure, but medications and therapy can help manage symptoms and slow the progression of the disease.  Muscular dystrophy, depending on the type, can impair your ability to move, walk, and perform daily activities. It can also have an impact on the muscles that help your heart and lungs function.

Certain genetic disorders, among other things, can cause a temporary illness, permanent defects, or the need for lifelong treatment. Muscular dystrophy is one such genetic disorder that leaves the sufferer with a condition that worsens over time and typically reduces the victim’s lifespan. Depending on the type of muscular dystrophy, a person diagnosed may be able to receive treatment that alleviates symptoms and even extends life. However, early detection of the disease increases the chances of more effective treatment and a longer, higher-quality life. Genetic screening for the condition that occurs during pregnancy can help parents prepare for and treat their children’s disease. The discovery that your child has muscular dystrophy is undoubtedly devastating. You might not consider suing for wrongful birth or pediatric malpractice during such stressful times, but you should be aware of your options. Knowing that you can afford your child’s lifetime needs and improve their quality of life as much as possible can be a huge relief. DeFrancisco & Falgiatano’s exceptional legal team may be able to help you obtain financial support from those who have inflicted unnecessary suffering. Knowing what you can do to recover your damages is critical to your peace of mind; we encourage you to learn more by speaking with an experienced wrongful birth and malpractice lawyer.  We serve clients throughout Upstate New York and have offices in several convenient locations. Our extensive experience in the field of medical malpractice is reflected in the results we have obtained for our clients.

Some types of muscular dystrophy are present at birth or develop later in life. Other forms emerge in adulthood.  There are over 30 different types of muscular dystrophy. Duchenne muscular dystrophy (DMD) and Becker muscular dystrophy (BMD) are two of the more common types.

Many people suffer from conditions that necessitate monitoring and the assistance of a medical device to maintain and regulate vital body functions. These devices can often save a patient’s life if used correctly and function as intended. Unfortunately, when mistakes happen, the consequences for the patient and their families can be severe.  Few people expect machines, equipment, or tools used by healthcare professionals to cause us undue harm or to exacerbate medical problems.

Medical devices have the potential to save lives. A well-designed and manufactured medical device that is properly sterilized, used, and monitored can be invaluable in assisting doctors in diagnosing and treating patients. However, there is a risk of harm to the patient when defective medical devices are used or negligent care is provided.  Unfortunately, medical device errors can sometimes cause serious harm to patients. You may be able to recover damages if you believe you were injured as a result of a medical device error.  DeFrancisco & Falgiatano’s skilled Upstate New York medical malpractice attorneys can assess your chances of recovering damages through legal action.  We serve clients throughout Upstate New York and have offices in several convenient locations. Our extensive experience in the field of medical malpractice is reflected in the results we have obtained for our clients.

From basic hospital supplies and lab equipment to advanced technological aids like internal monitors and artificial body parts and organs, medical devices cover it all. According to Consumer Reports, even though tens of millions of patients rely on these types of devices to diagnose, manage, and maintain a variety of health conditions, these products are loosely regulated and frequently lack thorough testing before being released to the public. Because there is little regulation or standardized procedure for reporting potential problems, medical device defects and errors frequently go undetected until a significant number of patients are injured or killed.