Surgical Error

Court Discusses Custom and Practice Evidence in New York Surgical Malpractice Cases

Published on: October 21, 2019 | By DeFrancisco & Falgiatano

In surgical malpractice cases, evidence regarding what actions the defendant surgeon took before, during, and after the surgery is often offered by the plaintiff to prove liability or by the defendant in support of the argument that there was no deviation from the standard of care. Typically, the defendant’s acts are established via records or either party’s recollection of events. Recently, a New York appellate court analyzed whether a defendant surgeon can testify regarding what he or she did during a procedure based on his or her habit rather than actual knowledge. If you were harmed by a surgical procedure, it is advisable to speak with a diligent Rochester surgical malpractice attorney regarding what damages you may be owed.

Factual Background of the Case

It is alleged that the plaintiff consulted the defendant for treatment of an incisional hernia. The defendant attempted a surgical repair of the hernia, during which he sutured a mesh patch to the plaintiff’s abdominal wall. The patch had two sides, one of which was rough and intended to be placed against the abdominal wall, and the other of which was smooth and meant to protect the internal organs.

Reportedly, following the surgery, the plaintiff developed severe pain. It was later determined that the patch had been inserted backward, and the rough side had adhered to the plaintiff’s internal organs. The plaintiff sued the defendant, arguing that he deviated from the accepted standard of care by improperly suturing the patch to her abdominal wall. Prior to trial, the plaintiff filed a motion to prohibit the defendant from testifying at trial regarding his custom and practice in performing hernia repairs. The court granted the motion, but the plaintiff was permitted to testify regarding his usual practices regardless. The jury found in favor of the defendant, and the plaintiff appealed.

New York Court Explains Sufficiency of Evidence to Dismiss a Plaintiff’s Surgical Malpractice Case

Published on: August 2, 2019 | By DeFrancisco & Falgiatano

In a New York surgical malpractice case, the defendant surgeon can avoid liability if he or she can prove that he or she did not depart from the standard of care, or that any departure did not cause the alleged harm. The defendant surgeon must provide clear and sufficient evidence in support of his or her defense, however, otherwise the injured party will be permitted to pursue his or her claim against the defendant surgeon. In a recent New York appellate case, the court explained what constitutes sufficient evidence to deny a defendant surgeon’s motion to dismiss a plaintiff’s claim. If you sustained harm because of a surgeon’s negligence you should meet with a zealous Rochester surgical malpractice attorney to discuss your harm and what damages you may be able to recover.

Facts Regarding the Plaintiff’s Treatment

Allegedly, in 2015 the plaintiff visited the defendant surgeon, to undergo an elective cosmetic procedure that involved transferring fat to areas of the plaintiff’s face. One of the known risks of the procedure was blindness, caused by fat entering a blood vessel and migrating to the eyes. When the plaintiff awoke from her anesthesia following the procedure, she experienced pain in her left eye and diminished vision. She was transported to an ophthalmologist, who noted there was fat in the vessels of her retina. The following day, the plaintiff visited a neuro-ophthalmologist, who diagnosed her with a loss of vision due to a central retinal artery occlusion secondary to a fat embolism.

It is reported that the plaintiff then filed a medical malpractice lawsuit against the defendant, alleging that his negligence in performing the procedure caused her to suffer the permanent loss of vision in her left eye. Specifically, the plaintiff alleged that the defendant failed to properly aspirate during the fat administration. The defendant filed a motion for summary judgment, arguing he was prima facie entitled to judgment in his favor as a matter of law. The court denied the defendant’s motion, and he appealed.

New York Court Discusses Sufficiency of Expert Opinions in Surgical Malpractice Cases

Published on: June 25, 2019 | By DeFrancisco & Falgiatano

The basis of any Rochester surgical malpractice claim is the assertion that a physician caused harm by deviating from the standard of care. Therefore, as the ordinary layperson does not have any knowledge regarding what level of care is required to comply with the standard, both parties in a medical malpractice case must submit expert opinions in support of their position. In a recent Rochester surgical malpractice case, the court analyzed what constitutes a sufficient medical expert opinion for the purposes of defeating a motion for summary judgment. If you were harmed by surgical malpractice you should consult a trusted Rochester surgical malpractice attorney regarding your alleged harm and what evidence you must produce to obtain a successful outcome.

Factual Background

It is reported that the plaintiff underwent a transurethral resection of a tumor. She allegedly suffered injuries during the surgery and filed a lawsuit against the defendant physician that performed the surgery, and the defendant hospital where the surgery was performed. The defendants filed a motion for summary judgment, which the court granted, dismissing the case. The plaintiff appealed.

What Constitutes a Sufficient Medical Expert Opinion

On appeal, the issue presented was whether the plaintiff raised a triable issue of material fact. The court noted that the defendants submitted an affidavit of a medical expert that addressed the negligence claims asserted by the plaintiff. As such, the defendants met their initial burden of establishing that they did not deviate from the appropriate standard of care, or that any deviation did not cause the harm the plaintiff allegedly suffered.

New York Court Finds No Error In Verdict Sheet in Medical Malpractice Case

Published on: March 4, 2019 | By DeFrancisco & Falgiatano

In a medical malpractice case, it is essential to set forth every manner in which malpractice was allegedly committed, and present evidence of the malpractice in a clear manner at trial. A plaintiff’s failure to provide sufficiently present evidence of malpractice can result in verdict sheets that do not adequately address the alleged malpractice and a verdict in favor of the defendant.

A New York appellate court recently affirmed a jury’s verdict in favor of the defendant, finding that the court did not err in adding questions to the verdict sheet regarding the alleged malpractice, due to the fact that the evidence presented only indicated malpractice in one aspect of care. If you sustained harm due to insufficient care or testing, it is important to retain a skillfulRochester medical malpractice attorney who will work diligently to help you pursue damages for your harm.

The Plaintiff’s Surgery

Reportedly, the plaintiff underwent surgical resection of his colon, which was performed by the defendant. During the surgery, the defendant performed anastomosis, which is a procedure in which a damaged portion of the colon is removed and the healthy portions are reconnected. The plaintiff subsequently developed a leak at the site of the anastomosis and suffered sepsis, peritonitis and renal failure due to the leak. He filed a medical malpractice action against the defendant. Following a trial, a jury issued a verdict in favor of the defendant, after which the plaintiff appealed.

Plastic Surgeon Sued by 35 Patients for Malpractice

Published on: December 18, 2018 | By DeFrancisco & Falgiatano

While many plastic surgery procedures seem routine, the reality is these are serious surgeries that carry a substantial risk of complication if the plastic surgeon fails to use the utmost care. A mistake during a plastic surgery procedure can result in a permanent deformity or even death. If you or your loved one has suffered preventable injury because of plastic surgeon’s negligence, let our seasoned Rochester medical malpractice attorneys help. At DeFrancisco & Falgiatano Personal Injury Lawyers, we know how to handle medical negligence cases.

An Omaha plastic surgeon is being sued for malpractice after patients allege the surgeon left their bodies deformed. There are currently 35 claims against the doctor, as well as the surgery center where the procedures took place. Specifically, the complaint claims that patients suffered physical and emotional harm such as disfigurement, painful scarring and nerve damage. In one specific case, a patient claimed she had a tummy tuck that went wrong, which left her with painful jagged scars across the abdomen.

Rochester Hernia Surgery Malpractice

Published on: November 7, 2018 | By DeFrancisco & Falgiatano

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.

Gallbladder Surgery Malpractice in Rochester

Published on: October 17, 2018 | By DeFrancisco & Falgiatano

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.

Patient Falls off Operating Table During Procedure

Published on: September 25, 2018 | By DeFrancisco & Falgiatano

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.”

Man Dies After Surgeon Leaves Needle Inside Patient’s Body

Published on: September 11, 2018 | By DeFrancisco & Falgiatano

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.”

Medical Malpractice in Buttocks Augmentation Cases

Published on: June 29, 2018 | By DeFrancisco & Falgiatano

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.