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Typically, when a medical device malfunctions, the manufacturer will be held accountable through a product liability claim. However, in many cases, there is a medical malpractice component to the matter as well. If you or someone close to you has suffered an injury due to a faulty medical device, our experienced Rochester medical malpractice attorneys can help. With years of experience, we understand the nuances of this area of law and can help you understand your rights and options.

A medical device is any instrument or equipment used to treat, diagnose, or prevent a medical condition. The Food and Drug Administration (FDA) is the government body that protects the public from any health hazards that may be caused by a defective medical device. Despite the FDA’s stringent approval process, the reality is that dangerous medical products are often put into the stream of commerce and end up in hospitals, clinics, and even the hands of consumers.

Product liability is an area of law that holds manufacturers and sellers liable for injuries or death resulting from a defective product. When a medical device is inherently defective, you may still have a medical malpractice claim in addition to or instead of a product liability claim. Medical malpractice takes place when a medical professional fails to use the standard of care that another medical professional in the same specialty would have used under the same or similar circumstances.

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operation bladeIf you have ever had surgery, you know that it can be extremely daunting even if it is a minor procedure. Imagine knowing that the surgeon was performing another surgery at the same time. This is a surprisingly common practice. If you or your loved one was injured due to a surgeon’s negligence related to performing overlapping surgeries, we can help.  At DeFrancisco & Falgiatano Personal Injury Lawyers, our skilled Rochester medical malpractice attorneys are committed to holding negligent medical professionals accountable for the harm that they cause.

Concurrent surgeries, also known as overlapping or simultaneous surgeries, refer to situations in which the attending surgeon is responsible for two or more surgeries on different patients in different operating rooms at the same time for at least part of the procedure. An example of concurrent surgery would be if a surgeon is scheduled two perform two procedures in a day and preparation and procedure for one patient starts in one room as the care of another patient is completed.

Studies have been divided on the issue. Some studies have been published arguing that the practice is safe. However, other studies have highlighted that there is no reason to double book surgeries other than financial gain. In 2017, the Journal of the American Medical Association (JAMA) published a study concluding that overlapping surgery in complex neurosurgical cases can be performed without risking patient safety. However, in January of 2018, JAMA Intern Med released a study which found that overlapping surgeries led to significant increase in complications for patients undergoing hip replacements or other surgeries related to hip fractures.

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bedIf you or someone close to you has suffered bedsores due to the negligence of a nursing home or hospital, you may be entitled to compensation through a medical malpractice claim. At DeFrancisco & Falgiatano Personal Injury Lawyers, our Rochester medical malpractice attorneys can guide you through the legal process and help you resolve your case in an efficient and effective manner.

A bedsore is a painful, often reddened area of degenerating, ulcerated skin caused by pressure from lying in bed in one position for a prolonged period of time. Stage 1 bedsores may involve redness of the skin, bruising, or discoloration. Stage 2 bedsores involve broken skin where the top skin layers die off, creating a shallow crater and risk of infection. Stage 3 bedsores affect the deeper tissue under the skin, including the fat layer. They appear to be like craters and may have pus-like drainage. Stage 4 bedsores are the most serious and affect the skin and layers of tissue down to the muscle and bone. At this stage, serious bruising and drainage may be present.

Unfortunately, bedsores are more common than you may think. The Centers for Disease Control and Prevention (CDC) found that 2.5 million individuals suffered from bedsores in 2011. The CDC also estimates that bedsores affect the health of nearly 1 million adults throughout the country each year. The mortality rate among people with stage 4 bedsores is high, with almost 70 percent of people diagnosed with stage 4 bedsores dying within 180 days.

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diabetesWhen diabetes is not diagnosed or treated, it can lead to devastating consequences for the patient. If you believe that you have suffered harm due to a medical error, we can help. At DeFrancisco & Falgiatano Personal Injury Lawyers, our Rochester medical malpractice attorneys are ready to evaluate the merits of your case and provide you with an honest assessment of your claim. With decades of experience, we know how to resolve complex medical malpractice cases.

Diabetes is a disease in which the body’s ability to respond to the hormone insulin is impaired, resulting in an abnormal metabolism of carbohydrates and heightened levels of glucose (blood sugar) in the blood stream and urine. In short, diabetes is a disease in which the body either cannot produce insulin or cannot properly use the insulin it produces. It is a complex condition, which can affect the entire body. In fact, it is a chronic, debilitating, and sometimes deadly disease. There is no cure for the condition; it simply has to be managed properly.

Unfortunately, diabetes is more common than you may think and represents a growing health problem in this country. According to the Centers for Disease Control and Prevention, more than 100 million adults in the U.S. are currently living with diabetes or pre-diabetes conditions. Sadly, in 2015, approximately 9.4 percent of the country’s population was diabetic. That same year, it was the seventh-leading cause of death in the nation.

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backIf you or a loved one has been injured by the carelessness of a chiropractor, our skilled Rochester medical malpractice attorneys can help you pursue a case against the at-fault party. At DeFrancisco & Falgiatano Personal Injury Lawyers, we have a thorough understanding of chiropractic practice. We can help you navigate the legal process and assert your rights throughout the entire course of action.

A chiropractor is a licensed health care professional who diagnoses and treats the misalignment of joints. Specifically, a chiropractor treats disorders of the musculoskeletal system, such as neck and back pain, especially through the manual adjustment or manipulation of the spinal vertebrae to remedy nervous system dysfunction. The goal of a chiropractor in most cases is essentially to reduce pain and improve the functionality of patients.

While chiropractors are not doctors, they are medical professionals that could be liable for malpractice. Depending on the state, chiropractors often perform procedures such as electromyography, acupuncture, and spinal manipulations. For the majority of the time, negligent manipulation is what leads to a patient’s injury. For example, improper adjustments could lead to herniated discs, neck injuries, and nerve damage. In some cases, chiropractors can even cause a stroke. This can happen when the chiropractor manipulates the patient’s neck in a way that ruptures or blocks arteries to the brain. The vertebral artery is particularly at risk, since it wraps around the cervical vertebra entering into the head. This can cause a blood clot that cuts off the flow of blood and oxygen to the brain.

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Medical malpractice can lead to serious and long-term harm. In the most serious cases, malpractice can result in death. When a person has been injured by a medical professional’s negligence, that person can potentially recover damages for his or her harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, our Rochester medical malpractice attorneys can examine the facts of your case and come up with a legal strategy accordingly.

According to a study published in a recent issue of Health Management, Policy and Innovation (HMPI), there was no negative impact on patient safety when approximately 900 University of Miami Health System doctors received sovereign immunity from medical malpractice claims while working at 1,600-bed government-owned Jackson Memorial Hospital (JMH), which is protected by sovereign immunity as a government entity. The same 900 doctors who work at JMH are also employed by the University of Miami Hospital, a privately owned 560-bed facility. Sovereign immunity applied to the former but not the latter. The study found that the rate of harmful events decreased by 23 percent over a four-year time frame. The study suggests that even without the fear of malpractice, medical professionals are committed to proving competent care to their patients.

Medical malpractice happens when a health care provider causes an injury or death by not using the level of carefulness that a competent health care provider would use under similar circumstances. Medical malpractice can happen in a variety of ways, including surgical errors, diagnostic errors, prescription errors, and treatment errors. Of course, this list is not exhaustive. To win a malpractice lawsuit, the plaintiff is required to prove the following:  i) the doctor owed the patient a duty of care; ii) the doctor violated the duty of care that was owed; and iii) the doctor’s violation was a direct cause of the patient’s harm.

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asthmaIf you or someone close to you has suffered harm due to malpractice relating to asthma, we can help. At DeFrancisco & Falgiatano Personal Injury Lawyers, our Rochester medical malpractice attorneys understand how to navigate these complex cases. Whether your injury was a result of a misdiagnosis or inadequate treatment, we will make every effort to help you secure the compensation you need to deal with your harm.

According to the Centers for Disease Control and Prevention, there were 18.4 million people with asthma in the United States in 2015. This means that 7.6 percent of all adults and 8.4 percent of all children in the country had the condition. Asthma is a condition in which a person’s airways narrow and swell and produce extra mucus. This can hinder a person’s ability to breathe and trigger coughing, wheezing, and shortness of breath. Shortness of breath can lead to life-threatening asthma attacks. You should know that asthma is a common inflammatory lung disease, and while it cannot be cured, it can be treated.

Unfortunately, asthma misdiagnosis or poor treatment often cause injuries to patients in New York and across the United States. An asthma misdiagnosis can happen in one of two ways:  diagnosing a patient with the condition when he or she does not have it, or failing to diagnose a patient with asthma when he or she does have it. The consequences of a misdiagnosis can be very serious. Patients may undergo treatment for a condition they do not have and end up going through unnecessary treatment and needlessly suffering adverse side effects. When asthma is not properly diagnosed, the patient fails to treat the symptoms, and his or her condition could get worse.

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operationWhile 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.

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Each year, over 100,000 people in the United States die due to complications associated with pulmonary embolism and deep vein thrombosis (DVT). Unfortunately, many of these deaths could have been prevented. If you or someone close to you has suffered adverse health consequences due to DVT or pulmonary embolism complications, you need to contact a seasoned Rochester misdiagnosis attorney who can help. We are committed to getting you the compensation you deserve for your harm.

DVT occurs when a blood clot forms in the deep vein of the leg. It is possible for such clots to develop in the lower part of the person’s body as well as below the pelvis. While DVT can sometimes resolve on its own, DVT can be life-threatening if the blood clot dislodges and travels to the lungs – a condition known as a pulmonary embolism (PE). A pulmonary embolism can be deadly because it blocks the artery in the lung, cutting off the blood supply completely. Medical professionals can administer certain tests to show the presence of blood clots that can indicate DVT. Once DVT is detected, the main goal becomes preventing the clot from reaching the lungs and causing a pulmonary embolism.

In New York, medical malpractice occurs when a health care professional, physician, medical institution, or any other health care-associated establishment fails to provide care for a patient in accordance with the generally accepted standards, and the individual is injured or their condition or illness worsens as a result. To establish medical malpractice, you will need to successfully prove the following elements:  i) you were under the care of a physician; ii) while you were receiving medical treatment, the physician failed to act as a physician in that specialty should; and iii) you were injured as a result.

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babyThere is nothing more stressful than realizing your child suffered a birth injury that could affect the rest of his or her life. If you believe your child’s birth injury was a result of medical malpractice, you may be entitled to seek compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, our Rochester birth injury lawyers can meticulously review the facts of your case and provide you with an honest assessment of your claim. We understand how to advocate for victims of medical malpractice in an effective and efficient manner.

A stroke is considered a fetal stroke when it takes place anywhere between 14 gestational weeks of age and delivery. Fetal strokes are caused by restricted blood flow in the brain, which can result in the death of brain cells and lead to permanent brain damage. The consequences of such brain damage can include cerebral palsy, epilepsy, and cognitive impairment. Fetal strokes can be classified in one of two ways:

  • Hemorrhagic strokes, which occur when trauma causes damage to the brain’s blood vessels; and

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