Articles Posted in Uncategorized

Medical malpractice claims against public hospitals in New York must follow strict procedural requirements, including the timely filing of a notice of claim. When a patient dies after allegedly receiving substandard medical care, surviving family members may seek permission to file a late notice, but that request must satisfy well-defined legal criteria. A recent decision from a New York court illustrates the challenges in doing so, particularly where there is no clear evidence that the hospital had prior notice of the alleged malpractice. If your family has suffered a loss due to negligent medical care, a skilled Rochester medical malpractice attorney can help ensure you comply with critical filing deadlines.

Factual Background and Procedural Setting

It is alleged that in February 2023, the decedent presented to a public hospital emergency department with abdominal pain, fever, and diarrhea. The decedent underwent bloodwork, a CT scan, and an ultrasound, which reportedly showed signs of gallstones. She was discharged later that day with a primary diagnosis of gallstones and instructions to follow up with the hospital’s general surgery clinic in March 2023. Additional follow-up appointments were scheduled for lab work in April and a visit with her primary care provider.

It is reported that the decedent never returned for the surgery follow-up. Instead, she sustained a fall at home on March 11 and was admitted to a different hospital, where she remained until her death in April 2023. The petitioner, identified as the proposed administrator of the decedent’s estate, filed a petition seeking to serve a late notice of claim against the original hospital and its governing entity. The petitioner alleged that the hospital failed to diagnose and treat the decedent for acute gangrenous cholecystitis, which led to her decline and eventual death. Continue Reading ›

Around 185,000 amputations occur annually in the United States, as reported by the Amputee Coalition. By 2050, an estimated 3.6 million people would have had limb loss. When a patient loses a limb as a result of medical negligence, it can have a traumatizing effect on them and their loved ones.

An amputation is a devastating event that requires extensive medical care and creates a myriad of problems for the person and their loved ones. Injured parties who have had limbs amputated often cannot go back to work in the same capacity as before the incident. Professional athletes, delivery drivers, and chefs are particularly at risk. Loss of a hand, arm, leg, or foot could prevent these patients from continuing in their career roles. A healthcare provider found guilty of medical malpractice may be held liable for an aggrieved patient’s current and future economic losses. The statute of limitations for filing a medical malpractice suit and the maximum award for damages that can be obtained varies from one state to the next. If you think you’ve been the victim of medical negligence, you should talk to the lawyers at DeFrancisco & Falgiatano. We have several offices throughout Upstate New York to better serve our clients who have been injured as a result of medical malpractice. The success we’ve had for our clients in cases involving medical negligence is a direct reflection of our years of experience in the industry.

To save a person’s life, amputation is often the only option. However, amputations are often the result of medical errors that could have been avoided with better care. These errors can include things like failing to properly diagnose a condition, failing to treat an infection that spreads after surgery or due to an improperly maintained wound, failing to treat existing blood clots or internal bleeding that can cause poor circulation in the limbs, medication errors due to improper prescription, lack of careful patient monitoring, and failure to treat a patient’s symptoms. Complications after amputation are more common in people with diabetes, prior infections, and cardiovascular disease. So, during diagnosis and therapy, medical professionals must take each patient’s history of health issues into account.

People harmed by incompetent medical professionals have a limited amount of time to pursue their claims. If they fail to file a medical malpractice lawsuit within the statute of limitations, they will typically lose the right to recover damages, as illustrated in a recent New York ruling in which the court dismissed the plaintiff’s case, rejecting her assertion that it sounded in negligence rather than medical malpractice. If you were injured by a reckless physician, you should confer with a Rochester medical malpractice attorney as soon as possible to avoid waiving your potential claims.

Factual and Procedural History

It is alleged that the defendant was a resident in the hospital where the plaintiff was delivered and attended to the plaintiff’s mother during her March 1999 birth. The defendant allegedly dropped the plaintiff on the floor of the delivery room immediately after she was born. In January 2020, the plaintiff filed a medical malpractice lawsuit against the defendant.

Reportedly, the defendant moved to dismiss the complaint on the grounds that it was barred by the statute of limitations. The plaintiff opposed the motion, arguing that the statute of limitations for negligence, rather than medical malpractice, applied. The court denied the defendant’s motion, and the defendant appealed. Continue Reading ›

Under New York law, a plaintiff in a medical malpractice case is required to submit a bill of particulars, which essentially is a document outlining the basis of their claims against the defendant. If a plaintiff fails to assert alleged misconduct in a bill of particulars, it generally waives to right to pursue claims based on said acts or omissions. Thus, if a plaintiff realizes that their bill of particulars lacks critical information, they may move for an amendment. In a recent ruling issued in a medical malpractice case, a New York court examined when an amendment to a bill of particulars is necessary. If you sustained damages due to negligent medical treatment, you may be owed compensation, and it is in your best interest to confer with a Rochester medical malpractice attorney to evaluate your potential claims.

The History of the Case

It is reported that the plaintiff treated with the defendant, who was a primary care physician. At some point during his care, the defendant prescribed the plaintiff Depakote to treat migraine headaches. The plaintiff ultimately suffered liver damage and weight gain as a result of taking the medication. As such, he and his wife subsequently filed a lawsuit asserting lack of informed consent and medical malpractice claims against the defendant.

Allegedly, the plaintiffs submitted their bill of particulars in accordance with the court’s scheduling order. In 2019, however, ten years after the lawsuit was instituted, the plaintiffs moved for leave to serve a supplemental bill of particulars. The trial court denied their motion, and they appealed. Continue Reading ›

Under New York law, parties harmed by the incompetence of medical professionals have the right to seek compensation. They must comply with any applicable procedural requirements and deadlines, however, and if they do not, they may waive the right to pursue certain claims. This was illustrated in a recent ruling issued by a New York court in a medical malpractice case, in which the court denied the plaintiff’s motion for leave to submit additional expert reports. If you suffered injuries due to the incompetence of a health care provider, it is in your best interest to speak to a Rochester medical malpractice lawyer concerning your rights.

History of the Case

It is alleged that the plaintiff filed a medical malpractice lawsuit against the defendants under the Federal Tort Claims Act, seeking compensation for unspecified harm suffered by her minor child. The court set a deadline by which the parties were to complete discovery. The deadline was extended on four occasions, but discovery ultimately closed, and the judge certified that the matter was ready for trial.

In many instances, there are multiple ways to treat an acute injury or chronic condition. As such, simply because a patient does not agree with a doctor’s chosen course of care does not mean the doctor should be deemed liable for medical malpractice. Instead, a plaintiff alleging a physician committed medical malpractice must prove numerous elements, including an element of harm. The plaintiff’s burden of proof in a medical malpractice case was the topic of a recent New York opinion in a matter in which the court dismissed the plaintiff’s claims in their entirety. If you were harmed by incompetent medical care, it is smart to speak to a Rochester medical malpractice lawyer about your potential causes of action.

The Plaintiff’s Allegations

It is alleged that the plaintiff was living in a state facility, when he received treatment from the defendants. During his stay, he requested a CPAP machine for his sleep apnea and a tens machine for back pain which he stated was caused by scoliosis. He did not receive the items, however. Additionally, he requested that the defendants extract two of his teeth due to infection, but they declined to do that as well.

Reportedly, the plaintiff subsequently filed a federal lawsuit against the defendants alleging, among other things, that they were liable for medical malpractice.  The defendants moved to dismiss the plaintiff’s complaint, arguing he failed to establish he was entitled to recover damages under any theory of liability. The court ultimately granted the defendants’ motion. Continue Reading ›

Although it is common for a plaintiff pursuing a medical malpractice case in New York to assert that the defendant acted negligently, there are significant differences between ordinary negligence and medical malpractice claims. Thus, if plaintiffs fail to produce the evidence needed to support malpractice claims, it could adversely impact their cases. A New York appellate court recently discussed the differences between ordinary negligence and malpractice in an opinion issued in a hospital malpractice case. If you suffered losses due to incompetent care you received in a hospital, it is prudent to speak to a Rochester hospital malpractice lawyer to evaluate your potential causes of action.

The Plaintiff’s Harm

It is alleged that the plaintiff visited the defendant hospital with symptoms of a stroke. Diagnostic testing revealed she did, in fact, suffer a stroke, and she was prescribed a medication which was to be administered via infusion, with 10% dispensed over the first minute and the remaining 90% over the next hour. The nursing administered the medication improperly programmed the machine, however, to administer 10% per minute for the first eleven minutes. The mistake was discovered and rectified after about three minutes. The plaintiff began exhibiting signs of distress shortly thereafter, however, and the following day testing revealed she still had clots in her brain.

It is reported that the plaintiff ultimately suffered aphasia and diminished comprehension.  She filed a lawsuit against the defendant, alleging it was liable for both medical malpractice and ordinary negligence. The defendant moved for summary judgment, and the court denied the motion. The defendant then appealed. Continue Reading ›