Articles Posted in Medical Malpractice

Chiropractic care has become increasingly popular in recent years as an alternative to traditional medical treatments. While many chiropractors provide excellent care to their patients, there are instances where their actions can cause harm. Chiropractic malpractice occurs when a chiropractor fails to provide the appropriate standard of care, resulting in injury or harm to the patient.  However, a chiropractor’s negligence could lead to serious injuries or even wrongful death. If you have suffered an injury due to chiropractor malpractice, the lawyers at DeFrancisco & Falgiatano are here for you. We help clients throughout the Upstate New York area 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.

Millions of people see a chiropractor every year for help treating chronic conditions. Like all healthcare providers, chiropractors are obligated to adhere to the accepted standards of care within the medical community. Their failure to do so can result in liability for any injuries that are sustained as a result.  The chiropractic profession has its own standard of care, which holds chiropractors responsible for injuries at a higher level than a non-chiropractor.  The standard of care does require competency in the field. The standard of care looks at the chiropractor’s knowledge at the time of treatment. For example, if you have osteoporosis and do not tell your chiropractor, you cannot hold the chiropractor responsible for injuries resulting from the treatment.

Chiropractic misdiagnosis occurs when a chiropractor fails to correctly identify a patient’s condition or misinterprets the symptoms, leading to an incorrect diagnosis. This can result in ineffective or harmful treatment, as the chiropractor may be treating a condition that the patient does not have or may not be addressing the underlying issue. Misdiagnosis can occur for a variety of reasons, including a lack of training, inadequate patient history, or misinterpretation of imaging tests. The consequences of misdiagnosis can be serious for patients. They may receive unnecessary or inappropriate treatments for their condition, which can lead to prolonged pain, disability, and even further harm. In some cases, misdiagnosis can be life-threatening.  If chiropractic treatment was provided for a headache when a patient actually had peripheral artery disease and should have been referred to a medical specialist, and he died as a result of a heart attack during treatment, there may be chiropractic malpractice and wrongful death claim.

Clinical labs are staffed by medical doctors, assistants, phlebotomists, and technicians who take the samples, run the tests and analyze the results. They send reports to physicians and other medical professionals. Laboratory technicians are responsible for the collecting, handling, and testing of samples, then interpreting, recording, and reporting test results. Results from lab tests are used to diagnose, treat, and monitor disease states in patients. The results of these tests must be accurate, understandable, and delivered promptly. However, a doctor may be held liable for laboratory malpractice if he or she fails to order the correct test for a patient.  If you were harmed by improper procedures or interpretation of lab results, you should call the seasoned Rochester medical malpractice lawyers of DeFrancisco & Falgiatano Personal Injury Lawyers.

Lab technicians and physicians work together to diagnose diseases and illnesses, prescribe medications, and plan treatment for individuals.  The outcome of lab results is critical to a patient’s well-being. Healthcare providers are required to appropriately order, administer, interpret, and provide lab results to patients. Unfortunately, these providers sometimes depart from the professional standard of care.  The medical standard of care refers to the type of care that a reasonably skilled and competent medical provider with a similar level of education within the same area would have provided to a patient under the same treatment circumstances in which the alleged malpractice occurred. In other words, the accepted standard of care would be the care that you might expect to receive from an average doctor in the same field of practice under the same circumstances. The doctor’s medical knowledge and specialty are taken into account when determining the standard of care that should have been applied.

There are thousands of medical laboratories around the country, many of them in-house at hospitals and medical centers, and patients rely on their expertise and accuracy in times of need. Medical labs serve a crucial purpose and receiving proper diagnostic tests can be the difference between an accurate, timely diagnosis, a delayed diagnosis, or a misdiagnosis.  Regardless of whether it is a hospital lab or a third-party outsourced lab, medical professionals and hospitals must provide correct information to patients.

People aggrieved by incompetent medical care have the right to pursue medical malpractice claims against their providers. Broadly speaking, they have the right to choose where to file such claims. There are limitations to the general rule, however, and if a court determines it lacks jurisdiction over a medical malpractice lawsuit, it may dismiss the case. Recently, a district court sitting in New York explained when federal courts have jurisdiction over medical malpractice claims, in a matter in which it ultimately determined the case must be dismissed. If you suffered harm because of a negligent doctor, you could be owed damages, and you should speak with a Rochester medical malpractice attorney about your rights.

Factual and Procedural History of the Case

It is alleged that the defendant, a county sheriff’s department, placed the plaintiff in a jail cell. While she was in the jail cell, the defendant’s doctor examined the plaintiff. He neglected to order that the plaintiff be taken to the hospital or to conduct any tests, which plaintiff asserted resulted in a sickle cell crisis. As such, she filed a pro se lawsuit against the defendant in the United States District Court for the Northern District of New York.

Reportedly, the plaintiff asserted one claim of negligence in her complaint, and filed an application to proceed in forma pauperis. The court granted her motion but ultimately dismissed her complaint for lack of subject matter jurisdiction. Continue Reading ›

People that live with mental illness sadly often harbor ideations of self-harm. If a mental health provider treating a patient with depression or anxiety fails to prevent their death by suicide, the patient’s family members can pursue medical malpractice claims against the provider. In order to institute a medical malpractice lawsuit, a plaintiff merely needs to set forth a complaint with allegations sufficient to support their assertions. In other words, they do not need to offer evidence in support of their claims, as explained by a New York court in a recent case. If you sustained losses because of a negligent healthcare provider, it is advisable to meet with a Rochester medical malpractice lawyer about your rights.

The Factual and Procedural Background

It is alleged that the decedent had a history of mental illnesses, including depression and schizoaffective disorder. During confinement in a state facility, she was placed on suicide watch before being moved to the general population. The defendant provided mental health services to the decedent and made the decision to move her to the general population.

Reportedly, the decedent began to exhibit signs of increased depression and anxiety after she was moved to the general population. She hanged herself, and due to the facility’s failure to conduct a complete inspection of the decedent’s floor, she was not discovered for over 20 minutes. She ultimately died from her injuries. The plaintiff then filed a lawsuit against the defendant, asserting, inter alia, a medical malpractice claim. The defendant moved to dismiss the medical malpractice claim on the grounds that the plaintiff did not allege the standard of care the defendant allegedly violated. Continue Reading ›