Deep vein thrombosis occurs if a blood clot forms within the veins of the pelvis or legs. This blood clot may reduce the flow of blood to other parts of the body. Sometimes, a fragment of the clot breaks free and travels through the body. If the clot gets lodged in one of the arteries in the lungs, a life-threatening pulmonary embolism may require immediate medical treatment. If your doctor failed to diagnose or treat your deep vein thrombosis, you should discuss your situation with the experienced Syracuse medical malpractice attorneys of DeFrancisco & Falgiatano.
Deep Vein ThrombosisDeep vein thrombosis is associated with prolonged inactivity, obesity, smoking and advanced age. It may also occur in people who undergo surgery or have a history of deep vein thrombosis, kidney issues and certain cancers. Doctors should be alert to patients who exhibit these risk factors. For instance, surgeons typically assess a patient’s risk of developing deep vein thrombosis before performing surgery. If a patient has a high chance of deep vein thrombosis, the surgeon may prescribe blood thinners to reduce the risk.
LiabilityDeep vein thrombosis isn’t always caused by negligence. In some cases, a doctor has taken all proper precautions and yet you may have developed deep vein thrombosis anyway. To establish a case for medical malpractice you’ll need to show it’s more likely than not: (1) your doctor owed you a professional standard of care in connection with deep vein thrombosis, (2) your doctor’s actions fell below the professional standard of care, (3) the failure caused harm, and (4) you sustained actual damages as a result.
The professional standard of care varies from case to case. In most situations, it demands expert testimony from a doctor in the same specialty as your doctor. An expert will examine the accepted medical practices of reasonably competent health care providers in the same specialty and geographic region as the defendant when faced with the same circumstances. For instance, if a reasonably competent doctor in Syracuse would have prescribed blood thinners, but yours didn’t, and as a result, your deep vein thrombosis caused a life-threatening emergency that otherwise wouldn’t have happened, there may have been a departure from the professional standard of care. Alternatively, if your spouse’s physician failed to test for deep vein thrombosis in response to swelling in her leg, the physician may be liable if a resulting pulmonary embolism caused her death. An experienced medical malpractice lawyer will investigate whether a correct diagnosis would have prevented the pulmonary embolism or death.
Other departures from the professional standard of care could include a failure to test for deep vein thrombosis or failure to use a compression sleeve.
Compensatory DamagesWhen plaintiffs have established liability, they may be able to obtain compensatory damages designed to make them whole. These can include both concrete and intangible losses, including lost earning capacity, pain and suffering, doctor’s bills, hospital bills, medication, loss of enjoyment of life, and mental anguish.
If your loved one passed away from deep vein thrombosis or a failure to diagnose or treat it, you may be able to recover wrongful death damages. In New York, a wrongful death claim must be filed by the decedent’s estate’s personal representative. Damages that may be recovered include funeral and burial expenses, lost wages and benefits, value of support and services, value of parental nurturing, lost inheritance, conscious pain and suffering, and reasonable health care expenses.
Consult a Syracuse AttorneyMedical malpractice may arise out of a failure to diagnose or improper treatment of deep vein thrombosis. Sometimes deep vein thrombosis is the result of medical malpractice. If you were injured or a loved one was killed as the result of deep vein thrombosis, you may be able to pursue damages by filing a lawsuit. At DeFrancisco & Falgiatano, our lawyers represent patients in Rochester, Syracuse, and other Upstate New York cities. These cities include Oswego, Lyons, Oneida, Cooperstown, Binghamton, Auburn, Canandaigua, Wampsville, Watertown, Ithaca, Utica, Elmira, Lowville and Herkimer. Contact DeFrancisco & Falgiatano at 833-200-2000 or complete our online form.