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Medical Malpractice Lawyers in Cortland, NY

Medical Malpractice Attorneys Serving the Injured in Upstate NY and the Cortland Area

If you suspect that you or a loved one may be a victim of medical malpractice, it is important that you speak with an experienced attorney. With offices in Cortland, the medical malpractice attorneys at DeFrancisco & Falgiatano, LLP have more than 30 years’ combined experience representing clients in Upstate New York. Medical malpractice is a far bigger problem than most people realize. Each year, doctors and hospitals in the United States make millions of significant errors, and more than a quarter of a million people die each year as a direct result of medical mistakes. This makes medical malpractice the third-leading cause of death in the U.S. following only heart disease and cancer, both of which commonly go undiagnosed. At DeFrancisco & Falgiatano, LLP, we take pride in helping those who cannot help themselves. As a personal injury and wrongful death law firm, we focus exclusively on representing individuals and families in cases involving medical malpractice and other forms of negligence and liability. We take the tough cases, and we win. Of the more than $100 million we have won for our clients, more than $25 million has come from settlements and verdicts in cases that were either turned down by other law firms or referred to us by other attorneys.

Do You Have a Claim for Medical Malpractice?

Do you have a claim for medical malpractice? Usually, it is hard to tell. Most doctors do not want to admit their mistakes, and hospitals are more likely to obscure the truth than admit that they have done something wrong. But, even setting these kinds of issues aside, how do you know whether your condition or a loved one’s illness or injury is the product of a medical mistake? Identifying a legally actionable medical error requires a thorough understanding of both medical malpractice law and the medical principles that apply. Our attorneys rely on decades of experience to assess clients’ legal rights. In addition, we work closely with several physicians who are experts in identifying all forms of medical negligence. We can tell you if you are entitled to compensation; and, if you are, we will do what it takes to win the compensation you deserve.

Why Clients in Upstate New York Trust DeFrancisco & Falgiatano, LLP

In our many years of representing victims and their families, we have been fortunate enough to receive some very kind words from our clients. Here are just two examples of the numerous testimonials we have received from clients in Cortland and the surrounding areas:

"I cannot express in words what an awesome job Charlie Falgiatano and Jean Marie Westlake did in representing my family in my mother's case at trial. . . . They will always hold a special place in our lives and hearts for a job well done. Being the type of people they are[, they] showed me that attorneys like Charlie and Jean Marie do care about their job and can be a big part of a passionate and positive outcome. From the very beginning Charlie and the entire staff were kind, thoughtful and professional." - D.L., Cortland, New York

"My husband and I consulted with Jeff DeFrancisco regarding a medical malpractice case. . . . Mr. DeFrancisco sat down with us and explained the whole process so we knew what to expect. A lawsuit was quickly commenced after Mr. DeFrancisco consulted with a medical expert who confirmed the doctor's medical negligence. Ultimately our case settled without having to go to trial. We were extremely happy with the legal services provided by Jeff DeFrancisco and we would absolutely recommend him." - Mr. & Mrs. H., Syracuse, New York

Medical Malpractice Cases We Handle

We routinely represent clients in cases involving all types of medical malpractice, including:

Anesthesia Errors

Anesthesia errors are common in all areas of medicine, from labor and delivery to open-heart surgery. Some of the most common errors involving anesthesia include: administering improper doses of anesthetic, failing to consult patients’ medical records, failing to adequately monitor anesthetized patients, and failing to obtain patients’ informed consent.

Failure to Diagnose, Monitor, or Treat

Failure to diagnose, including misdiagnosis, is among the most-common forms of medical malpractice. When patients’ conditions – including heart attacks, strokes, and cancer – go undiagnosed, the consequences can be devastating. Improper diagnoses can result in prescription of potentially dangerous medications and the performance of unnecessary medical procedures.

Radiology Malpractice

Diagnostic errors are frequently associated with radiology malpractice. Radiologists specialize in interpreting x-rays, ultrasounds, computed tomography (CT) scans, magnetic resonance imaging (MRI) scans, and various other medical tests. When abnormal test results are interpreted as normal, and when radiologists overlook test results or rush through a patient’s scans, the result will often be an inaccurate diagnosis.

Surgical Errors

Surgical errors are another leading form of medical malpractice. These errors can take a variety of forms, ranging from damaging adjacent tissue during surgery to failing to properly examine the patient prior to closing the surgical site. Our attorneys have extensive experience in cases involving many different forms of surgical malpractice.

Urology Malpractice

Like all physicians practicing in New York, urologists are required to treat their patients according to an accepted standard of care. When a urologist fails to meet this standard by misdiagnosing a patient’s urological disorder or cancer, failing to appropriately monitor or treat a patient’s condition, or making any of a number of other common medical mistakes, the patient is entitled to recover financial compensation for urology malpractice.

Other Common Forms of Medical Negligence

Our attorneys also regularly handle medical malpractice claims on behalf of clients in Cortland and throughout Upstate New York involving:

Know Your Rights: New York Medical Malpractice Law

Q: What types of compensation are available to victims of medical malpractice?

In New York, patients diagnosed with illnesses and injuries resulting from medical negligence are entitled to recover full compensation for all forms of physical, financial, and emotional harm. This includes:

  • Medical expenses (past and future)
  • Loss of income (past and future)
  • Other financial costs (past and future)
  • Mental anguish
  • Pain and suffering
  • Scarring and disfigurement
  • Loss of consortium
  • Loss of enjoyment of life

Wrongful death cases are different. New York’s wrongful death law is somewhat unique, and it limits the types of damages available to the victim’s loved ones. The types of compensation awarded to eligible family members who have lost loved ones due to medical malpractice can include:

  • Pre-death medical expenses
  • Pre-death pain and suffering
  • Loss of income
  • Funeral expenses
  • Support and services
  • Parental nurturing, guidance, and education

Q: How long do I have to file a medical malpractice claim?

This question does not have a straightforward answer. Generally speaking, New York’s statute of limitations for medical malpractice claims is two and a half years; however, this window can be extended under a variety of circumstances. As a result, regardless of how long it has been since you received substandard medical care, you should discuss your case with an experienced medical malpractice attorney.

Q: If I signed a consent form, will this affect my medical malpractice claim?

Not necessarily. You consented to medical treatment at the appropriate level of care, not to waive your rights entirely. In addition, many malpractice cases arise out of the treating physician’s failure to provide the information necessary for the patient to give informed consent. So, it may be that your consent was invalid.

Q: How long do medical malpractice cases usually take?

This is another question where the answer is, "It depends." If your case settles, which most medical malpractice cases do, your case could be over in a matter of months. But, if we need to take your case to trial, it could be a year or more before the judge or jury renders a verdict in open court.

Five Reasons to Choose DeFrancisco & Falgiatano, LLP 1. Our Commitment

At DeFrancisco & Falgiatano, LLP, our practice is devoted to injury and wrongful death representation. We are passionate about fighting for our clients, and we give each client our commitment to secure the best possible resolution as quickly as possible.

2. Our People

Our attorneys are aggressive advocates for medical malpractice victims and their families. They have won numerous awards and received the highest possible ratings from their clients and peers.

3. Our Approach

We take a client-first approach to medical malpractice representation. It is your case, and we want to make sure that you are 100 percent satisfied with your result.

4. Our Results

We have recovered well in excess of $100 million for our clients, including numerous multi-million-dollar medical malpractice settlements and verdicts.

5. Our Transparency

We get to know our clients personally, and we pick up the phone when they call. We offer free consultations so that you can get to know us before you make a decision about your legal representation, and we will make sure that you know the status of your case every step of the way.

Schedule Your Free Initial Consultation

To schedule your free, no-obligation consultation, call our Cortland, NY law offices at 833-200-2000 or contact us online. We look forward to speaking with you soon.


Verdicts & Settlements
  • $17.5 Million Brain Injury
  • $13.0 Million Personal Injury
  • $10.5 Million Failure to Diagnose
  • $10.0 Million Medical Malpractice
  • $9.6 Million Chiropractic Malpractice
  • $4.0 Million Personal Injury
  • $3.3 Million Personal Injury
  • View More
Client Reviews
★★★★★
"We were very impressed with how Jeff DeFrancisco represented us at trial and we were extremely happy when the jury found in our favor." D.M., Auburn, NY
★★★★★
"I suffered a serious injury as a result of medical malpractice. My husband and I retained Jeff DeFrancisco to assist us in this case. We were extremely happy with his representation and highly recommend him." Kelley R., Syracuse, NY
★★★★★
Since the insurance company was unwilling to settle the matter my case ultimately went to trial. At trial Jeff DeFrancisco did an absolutely amazing job by obtaining a very favorable result for me." T.H., Oneida, NY
★★★★★
"I highly recommend DeFrancisco & Falgiatano - Charlie represented me for a medical malpractice case. He is the best of the best. He is friendly and I am very happy with the representation he provided." Roger N., Oneida, NY
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