Articles Posted in Surgical Error

Published on:

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:

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.

Continue reading

Published on:

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.”

Continue reading

Published on:

Surgeries carry inherent risk to patients. However, some injuries can be the result of a surgeon’s negligence. If you or someone close to you has been harmed due to a surgeon’s error, you may be entitled to compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, we have the skill and experience necessary to prepare your case. We are here to answer your questions and address your concerns.

Unfortunately, surgical mistakes claim the lives of many people across the U.S. every year. The family of a Tennessee man is suing a Nashville hospital after the man died one month after having open-heart surgery because a surgical needle was left in his body.

The needle was left inside 73-year-old J.B.J. after open-heart surgery this past May. The lawsuit alleges that the surgeon noticed the needle was missing after stitching the patient up after the 9-hour operation. An x-ray confirmed that needle was, in fact, still inside of the declined and his death was “painful, unnecessary and wrongful.”

Continue reading

Published on:

Errors in buttocks augmentation procedures can lead to serious complications. If you have suffered a complication after this type of procedure, you may have a valid medical malpractice claim. At DeFrancisco & Falgiatano Personal Injury Lawyers, our diligent Rochester medical malpractice attorneys can evaluate your case and determine a legal strategy accordingly.

Buttocks augmentation can be accomplished in a few different ways. A Brazilian butt lift takes place when a patient uses fat from one part of their body to be transplanted into their buttocks to increase the size, according to The American Society of Plastic Surgeons (ASPS). Butt implants, on the other hand, require a surgeon to insert silicone implants into the patient’s rear end. Women who are thin and do not have enough fat for liposuction are typically the candidates who go the implant route.

The ASPS reports that butt implants and lifts are the fastest-growing type of plastic surgery in the United States. In fact, butt implants increased by 18 percent between 2015 and 2016, while fat grafting procedures jumped 26 percent during the same time frame. In total, 20,673 butt augmentation procedures were performed in the country in 2017.

Continue reading

Published on:

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.

Continue reading

Published on:

While hip replacement surgery is quite common, it does pose some risks. If you or your loved one has suffered a preventable injury during or immediately following hip replacement surgery, you may be entitled to compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, our Rochester medical malpractice attorneys can investigate the facts of your case and determine the viability of your claim.

Hip surgery is a major surgical operation. In a hip replacement surgery, the surgeon removes most or all of the worn-out joint and replaces it with an artificial joint. The most common reason an individual would seek a hip replacement is osteoarthritis, a condition in which the cartilage in a joint breaks down or wears down. When cartilage breaks down, bones rub together, causing great pain to the patient.

Hip replacement surgery malpractice can happen in a number of ways, including a surgical error during the procedure, performing surgery without conducting a proper evaluation on a patient who did not actually need it (there are many surgical alternatives to hip replacement, such as osteotomy, which may be appropriate when full hip replacement surgery is not necessary), pain due to the use of a faulty prosthetic,  dislocation of the new hip when pressure is applied because the surgeon did not place the prosthetic hip properly, or an infection resulting when surgical equipment is not sterilized properly and bacteria festers in the wound.

Published on:

Any health issue relating to the eye can be extremely bothersome because our vision is an essential tool to navigate day-to-day life. When you visit an ophthalmologist, you expect competent care that will make your condition better, not worse. If you or a loved one has suffered an eye injury due to an ophthalmologist’s error, you may be entitled to compensation for your harm. With years of experience in settling and litigating ophthalmology cases, our Rochester ophthalmology malpractice lawyers understand how to navigate these complex claims.

Ophthalmology is the specialty of medicine pertaining to the anatomy, functions, pathology, and treatment of the eye. In other words, ophthalmologists are eye doctors who specialize in eye diseases. Errors by an ophthalmologist can have severe effects on a patient’s eye health. In the most serious cases, these mistakes could lead to irreparable loss of vision. Examples of ophthalmology mistakes that can lead to a malpractice claim include surgery errors, medication errors, failure to monitor the patient after surgery, Lasik errors, misdiagnosis or failure to diagnose an eye condition, and any careless conduct that causes an eye infection. These errors could lead to a variety of injuries, such as double vision, eye infection, corneal haze, blurry vision, blindness, eye flap-related injuries, and more.

Continue reading

Published on:

One of the most egregious forms of surgical errors is leaving foreign objects inside the patient. Unfortunately, case law reveals that this happens far more often than one might think. However, even if a physician neglects to remove medical devices during surgery, any lawsuit still needs to be litigated in accordance with New York surgical error laws and court procedure. As an example, an appeals court recently overturned a trial court decision in which the plaintiff’s case was dismissed, even though he alleged that medical clamps were left inside him after undergoing a surgical procedure.

The plaintiff underwent a lymph node dissection, which was performed by two physicians. The physicians used Hem-o-Lok clips during the operation, which are used during surgeries to permanently close bleeding vessels or tissue structures. After surgery, the plaintiff began experiencing abdominal pain, diarrhea, infections, and other complications. Doctors finally discovered a large bladder stone years later. The surgery to remove the bladder stone also revealed the Hem-o-Lok clip within it. The plaintiff’s expert opined that he believed the clip was inserted during the first procedure performed by the defendants, traveled to the bladder, and was not located or retrieved prior to closure. As a result, according to the plaintiff’s expert, the defendants violated the standard of care of the average qualified urologist when they failed to retrieve the loose clip before ending the surgery. The expert further attributed the plaintiff’s later symptoms, including the bladder stone formation, to the negligence of the defendants.

The defendants argued in response that the plaintiff’s expert testimony was conclusory. The appeals court denied this argument because the plaintiff’s expert had provided a factually based statement by a qualified expert, which was sufficient to meet the plaintiff’s burden of proof at that stage of the pre-trial proceedings. On the issue of causation, the defendants argued that the plaintiff failed to establish a causal link between the negligence and the plaintiff’s later complaints and discomfort. The court again disagreed. The plaintiff had presented enough evidence such that there was a greater likelihood that the harm to the plaintiff flowed from conduct for which the defendant was responsible. The appeals court vacated the lower court’s judgment and remanded the case, allowing the plaintiff to proceed with their claims.

Published on:

Lawsuits require that an injured person identify who they think is responsible for their injuries. This may seem obvious, but it’s often difficult to determine which parties shoulder the responsibility for an alleged injury. This issue is often present in medical malpractice lawsuits. Often, multiple medical professionals will perform surgery, those professionals are employed in various medical groups, and the surgery occurs within a regulated hospital. Moreover, as a recent New York surgical error case discussed, a manufacturer of medical products and devices may also be implicated in a medical negligence lawsuit.In a recent case, the plaintiff filed a medical malpractice lawsuit against his plastic surgeon, the plastic surgery surgical group, and the manufacturer of a facial filler product. The court focused on the cause of action as directed toward the medical product manufacturer. Unlike most medical negligence claims in New York, claims against a medical product manufacturer require the establishment of a different theory of liability. Specifically, a party injured as a result of a defective medical product may seek damages against the manufacturer based on theories of a breach of a promise, express or implied, negligence, or strict product liability, including a failure to warn users of dangers. However, under New York law, the manufacturer only owes a duty to warn the physician, rather than the patient, of the product’s risks. The manufacturer does not have a duty to warn a patient of risks associated with its product. It instead discharges its duty by providing sufficient information to the physician.

The plaintiff’s lawsuit alleged that the product’s pharmaceutical representatives were responsible for providing instructions to the physicians on how to use the facial filler product. The plaintiff alleged that the pharmaceutical reps were present on one or more occasions when the physicians were treating the plaintiff. His complaint asserted that the pharmaceutical reps had a duty to assert that the product was used and administered in a safe manner, in accordance with regulatory guidelines.

The court was not convinced by the plaintiff’s argument. Instead, the court recited New York law and reasoned that although the manufacturer has a duty to warn a patient’s physician of the risks associated with the product, the manufacturer is not responsible for the way the physician uses the device and renders medical care. The court ordered that all of the claims against the manufacturer be dismissed.

Justia Lawyer Rating
Contact Information