Rochester Medical Malpractice and Personal Injury Lawyer Blog

Published on: October 10, 2018

Herniated Disc Malpractice in Rochester

Herniated discs are serious injuries that can significantly alter a person’s quality of life. If you believe that you or a loved one suffered an injury due a medical professional’s negligence in diagnosing or treating a herniated disc, you can potentially make a financial recovery for your injury. Our hard-working Rochester medical malpractice attorneys will work with the necessary medical experts to uncover the true cause of your injury and provide you with a realistic assessment of your claim.

What is a Herniated Disc?

The spine is comprised of a series of connected bones known as vertebrae. A disc consists of an outside layer and gel-like middle that separates part of the vertebrae from one another, acting like a cushion of sorts. A herniated disc, also sometimes known as a slipped disc or a ruptured disc, takes place when the outside layer tears and the gel-like middle trickles into the spinal canal. This can lead to compression of the nerves or spinal cord, causing pain, numbness tingling or weakness in one or more extremities.

Published on: October 3, 2018

Pneumonia Malpractice in Rochester

by DeFrancisco & Falgiatano

A diagnosis error related to pneumonia can have serious, even deadly consequences for a patient. If a doctor misdiagnosed pneumonia and caused you or a loved one to suffer harm, you might be entitled to compensation for your injury. Claims involving misdiagnosis can be very complex, which is why having a seasoned Rochester medical malpractice attorney on your side can make all the difference in your case.

Pneumonia is Commonly Misdiagnosed

Pneumonia is a medical condition that is typically caused by an infection that results in inflammation in the lungs. It is the second most misdiagnosed condition and can lead to readmission after a previous hospitalization. Pneumonia is often misdiagnosed because the symptoms can be very similar to other conditions such as a common cold, influenza or even an upper respiratory infection. For this reason, physicians often fail to order proper tests. While chest x-rays are the most common method of diagnosis, they can sometimes fail to sufficiently show the presence of pneumonia.

Liability in Pneumonia Malpractice Cases

If a patient is misdiagnosed with pneumonia, the doctor may be overlooking the diagnosis and treatment for the actual condition, which could be much more serious than pneumonia. In other cases, the patient may not be diagnosed with pneumonia when he or she actually has the condition, ultimately leading to worsened infection due to the absence of treatment.

Published on: September 28, 2018

No Mandatory Arbitration in New York Medical Malpractice Cases

by DeFrancisco & Falgiatano

If you or someone close to you has been hurt by a medical professional’s negligence, you may be entitled to compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, our Rochester medical malpractice attorneys have the skill, experience and dedication needed to handle your case.

In New York, medical malpractice takes place when a medical professional fails to comply with the standard of care that is required by law, thereby causing injury or death to a patient. The standard of care refers to the level of care that a medical professional in the same speciality would use under the same or similar circumstances.

New York law does not require mandatory arbitration, mediation or the submission of your claim to a screening panel as a form of alternative dispute resolution (ADR) prior to a medical malpractice case going to trial. Rather, the case can go directly to trial. This is different from a number of states that require an attempt to settle before the matter goes to court in an effort to reduce the volume of cases in court and resolve claims in a timely manner. While New York law does not mandate ADR, if two parties wish to use the process, they have the right to do so under state law.

Published on: September 25, 2018

Patient Falls off Operating Table During Procedure

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.”

Published on: September 18, 2018

Malpractice Caused by Failure to Diagnose Neck Fracture

by DeFrancisco & Falgiatano

Broken bones can be highly complex injuries requiring timely diagnosis and treatment. If you or a loved one suffered an injury due to a medical professional’s failure to properly diagnose a neck fracture, you may be entitled to compensation for your harm. While no amount of money can undo the damage, the compensation can help cover the cost of treating your condition and help you pay the bills as you get better. At DeFrancisco & Falgiatano Personal Injury Lawyers, our seasoned Rochester medical malpractice attorneys have handled cases involving neck fractures and understand how to navigate these complex claims.

A missed diagnosis or a wrong diagnosis of a neck fracture can lead to mobility and pain issues for a patient. In addition, failure to diagnose, the neck fracture can lead to further injury, which may require even more expensive and time-consuming treatment. Because the stakes are so high, whenever a neck fracture is a possibility, doctors have a responsibility to investigate the matter diligently using whatever tools are at their disposal, such as X-rays, MRIs and CT scans. In addition, the doctor should perform a physical examination as well as a neurological assessment of reflexes and motor function. Unfortunately, far too many doctors do not handle these cases with the care that they deserve and the patient ends up suffering. Sometimes doctors fail to order appropriate tests or stabilize the spine when it is needed. In other cases, doctors misread or misinterpret the test results, leading to a diagnostic error.

Published on: September 11, 2018

Man Dies After Surgeon Leaves Needle Inside Patient’s Body

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.”

Published on: September 4, 2018

Assisted Living Facilities Failing to Meet Appropriate Standards of Care in New York and Nationwide

by DeFrancisco & Falgiatano

Malpractice and other types of negligence in nursing homes and assisted living facilities are serious problems. If you have been injured or a loved one has died while in the case of an assisted living facility, you may be entitled to compensation. At DeFrancisco & Falgiatano Personal Injury Lawyers, our Rochester medical malpractice attorneys have the passion and persistence to take on New York’s toughest malpractice claims.

A recent report highlights how assisted living facilities are struggling to meet staff care standards, resulting in a diminished quality of care for seniors. For instance, the Texas Center for Nursing Workforce Studies documented a 97 percent staff turnover rate for certified nurse aides and an average of 90 percent turnover rate for registered nurses and licensed vocational nurses.

Falls are the second leading cause of accidental injuries and deaths worldwide for the elderly population. In fact, in one 2016 case, a Maryland patient fell three times in a single day and died as a result of coverage gaps in monitoring. In another incident, a Tennessee patient who walked out of the front door of a facility fell in the parking lot and then headed into a wooded area before anyone realized he was missing. Unfortunately, these types of incidents are widespread. With the United States’ population rising, it is imperative to create effective methods for care facilities and caregivers to maintain.

Published on: August 31, 2018

Woman Sues Hospital for Performing Emergency C-Section without Anesthesia

by DeFrancisco & Falgiatano

When you go to the hospital, you expect to receive competent care. When that does not happen, the consequences for the patient can be devastating. If you believe that you were harmed by a medical professional’s negligence in a hospital setting, you need to reach out to a seasoned Rochester medical malpractice attorney for help. At DeFrancisco & Falgiatano Personal Injury Lawyers, we are committed to protecting the rights of New York malpractice victims throughout the entire legal process.A California woman who underwent an emergency C-section last year is now suing the hospital where it took place. In the lawsuit, the woman alleges that the anesthesiologist failed to respond to being paged, so the emergency operation went ahead without him.

The 26-year-old woman was 41 weeks pregnant when she was admitted to the hospital to have labor induced. After hours of labor, the obstetrician made the decision to call for an emergency C-section after the fetal heartbeat could no longer be detected. When the anesthesiologist could not be located, the doctor proceeded with the C-section, allegedly causing extreme pain and a burning sensation to the patient. According to the lawsuit, which names the hospital, surgeon, and anesthesiologist as defendants, the patient was crying and screaming at the top of her lungs because she could feel everything that was taking place.

Published on: August 24, 2018

Failure to Diagnose Heart Attack in New York

by DeFrancisco & Falgiatano

A missed or delayed diagnosis of a heart attack can lead to serious complications, and even death. If you or a loved one has suffered adverse health consequences due to a medical professional’s negligence, you may be entitled to compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, our skilled Rochester medical malpractice attorneys have extensive experience in this area of law and can help you understand your rights. Time is of the essence in these cases, so it is vital to contact an attorney as soon as you suspect malpractice.A heart attack takes place when the blood supply to part of the heart muscle itself is severely reduced or stopped. According to the Centers for Disease Control and Prevention, an individual dies from a heart attack every 40 seconds in the United States. Approximately 20 percent of cardiac incidents are categorized as “silent,” meaning the victim does not even know the heart attack took place, although the body is dealing with the detrimental effects. In addition, about 1.5 million heart attacks take place in the country each year, and studies show that about 11,000 cases are not diagnosed properly, resulting in unnecessary deaths.

Doctors and other medical professionals are trained to recognize the signs of a heart attack. A failure to diagnose a heart attack often involves a failure to properly identify the symptoms or a failure to order tests when those symptoms are present. Many people who experience chest pain or other classic indicators of a heart attack often seek help in the nearest emergency room. Emergency rooms see a high volume of patients in stressful environments, which can often lead to errors, especially when patients are exhibiting atypical symptoms of a heart attack. A delayed or missed diagnosis of a heart attack can lead to serious brain damage, severe physical impairments, and even death.

If a medical professional failed to diagnose a heart attack, the victim can potentially file a medical malpractice claim against the at-fault party. Medical malpractice takes place when there is an act or omission by a physician during the treatment of a patient that deviates from accepted norms of practice in the medical community, thereby causing an injury to the patient. In order to establish malpractice, the plaintiff is required to demonstrate the following elements: i) the medical professional owed the patient a duty of care; ii) the medical professional breached the duty of care owed to the plaintiff by failing to diagnose a heart attack; and iii) the medical professional’s breach was a direct cause of the patient’s harm.

Published on: August 17, 2018

Loss of Chance Doctrine in New York Medical Malpractice Cases

by DeFrancisco & Falgiatano

When a medical professional fails to adhere to the expected and appropriate standard of care, the patient can suffer serious and even life-long harm. If you or someone close to you has been injured by a medical professional’s negligence, you may be able to recover compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, we can examine the facts of your case and provide you with an honest assessment of your claim. There are strict timelines for these cases, so it is imperative to act as quickly as possible after the malpractice occurs.Many people assume that if there is an adverse health outcome, it is because of medical malpractice. However, this is not always the case. Medical malpractice occurs when a medical professional fails to adhere to the standard of care that another medical professional in the same specialty would have used under the same or similar circumstances. The burden of proof in every Rochester medical malpractice case is on the injured patient, who must establish every element of the claim by a preponderance of the evidence.

New York is among several states that have recognized a patient’s “loss of chance” as a theory of recovery in a medical malpractice claim. This type of medical malpractice case involves a physician failing to make a diagnosis or a situation in which the diagnosis is delayed. In either case, the patient may claim that the physician’s failure to make a timely diagnosis resulted in a loss of chance of survival. Put another way, the “loss of chance” doctrine is a cause of action permitting a plaintiff to recover damages based on the reduced chance that the patient will recover.

The application of the doctrine assumes that the plaintiff suffered from some preexisting condition or disease that the defendant did not cause. The defendant can simply be liable if his or her negligence deprives the patient of the chance of survival or a more favorable outcome. Damages under the doctrine are awarded based on the extent to which a defendant’s conduct reduced the patient’s chances of receiving a better outcome.