Articles Posted in Medical Malpractice

For parents, the worries associated with impending parenthood begin long before their child is born. Unfortunately, birth injuries can occur at any time during pregnancy, labor, and delivery, or the postnatal period. One of the most serious birth injuries is hypoxic-ischemic encephalopathy (HIE).  Hypoxic-ischemic encephalopathy (HIE) is a type of brain damage caused by a lack of oxygen or blood flow to the brain for an extended period of time. According to a Newborn Infant and Nursing Review article, HIE occurs in 1.5 to 2.5 of every 1,000 live births in developed countries. Surprisingly, despite advances in obstetric care, the rate of HIE has not decreased over the last few decades.

HIE occurs as a result of an event that deprives the newborn’s brain of oxygen or blood flow before, during, or after birth. When a baby’s developing brain is deprived of oxygen and blood, the cells rapidly decay and die. It is not always clear what event prevents oxygen or blood flow to the brain. However, there are a number of risk factors and potential causes to consider. Problems with blood flow to the placenta, preeclampsia, maternal diabetes with vascular disease, congenital fetal infections, drug or alcohol abuse, severe fetal anemia, heart disease, and lung malformations are all prenatal risk factors. Intrapartum risk factors include umbilical cord problems, placental abruption or uterine rupture, excessive placental bleeding, abnormal fetal position, such as breech position, prolonged late stages of labor, and very low blood pressure in the mother. Severe prematurity, severe lung or heart disease, serious infections, brain or skull trauma, very low blood pressure in the baby, and respiratory failure or cardiac arrest are all postnatal risk factors.

When doctors and nurses miss critical signs that the baby is in distress during delivery, this is considered medical malpractice. The actions or inactions of the medical team can deprive the baby of oxygen, causing profound brain damage.  This would lead to the infant requiring extensive resuscitation before they could start breathing on their own, resulting in permanent brain damage that would limit their mental and physical abilities for the rest of their life. If you or your baby suffered injury as the result of medical malpractice, call our office today.  At DeFrancisco & Falgiatano, our highly experienced medical malpractice attorneys may be able to help you collect the compensation you deserve.  We help clients throughout Upstate New York, with offices in multiple convenient locations. Our extensive experience in the medical malpractice field is reflected in the results we have achieved for our clients.

Gastroparesis, also known as delayed gastric emptying, is a condition in which the stomach takes an abnormally long time to empty its contents. The stomach normally contracts to move food down into the small intestine for digestion. The vagus nerve regulates the passage of food from the stomach to the digestive tract. Gastroparesis occurs when the vagus nerve is damaged, and the stomach and intestine muscles do not function normally. The food then moves slowly or stops moving completely through the digestive tract.  With gastroparesis, the stomach is partially paralyzed.  This means that the stomach is unable to digest food and empty its contents properly. Depending on the individual, gastroparesis symptoms can be mild or severe. Symptoms may occur frequently in some people but less frequently in others. Many people with gastroparesis have a variety of symptoms, and the disorder is sometimes difficult to diagnose. Gastroparesis symptoms include severe abdominal pain, nausea, vomiting, a decreased appetite, heartburn, pain in the upper abdomen, an early feeling of fullness after only a few bites of food, weight loss due to poor nutrient absorption or low-calorie intake, abdominal bloating, high and low blood glucose levels, a lack of appetite, and gastroesophageal reflux.

One of the most frequent causes of gastroparesis occurs when a surgeon cuts, severs, damages, compresses, or traps the vagus nerve during a bariatric or other gastrointestinal procedure. Because the vagus nerve regulates the stomach, it can cause gastroparesis if it stops working or is not working properly. The standard of care requires surgeons to locate and protect nerves and blood vessels during an operation or procedure. In other words, vagus nerve damage should not occur and when it does, it is usually the result of medical malpractice.  If you or someone you love has suffered because of a healthcare provider’s surgical error, call our office today.  Our highly experienced medical malpractice attorneys at DeFrancisco & Falgiatano may be able to assist you in obtaining the compensation you deserve.  We serve clients throughout Upstate New York and have offices in several convenient locations. Our extensive experience in the field of medical malpractice is reflected in the results we have obtained for our clients.

Several tests are available to help doctors diagnose gastroparesis. It is not a condition that should be diagnosed without the completion of the following tests:

If a person has a medical problem that necessitates medical attention or is simply going in for their annual check-up, anything they discuss with their doctor is kept between them and the healthcare provider. The physician is legally obligated to uphold a doctor-patient confidentiality agreement, which is based on the idea that a patient should never be afraid to seek medical treatment for fear of private medical information being disclosed to others. If a patient discovers that the information they shared with their doctor was mishandled or shared with others without their consent, this is a violation of the doctor-patient confidentiality agreement, and they may be able to sue their healthcare provider for medical malpractice. A knowledgeable medical malpractice attorney can thoroughly review the case and advise you on the best legal course of action.  At DeFrancisco & Falgiatano, our highly experienced medical malpractice attorneys may be able to help you collect the compensation you deserve.  We help clients throughout Upstate New York, with offices in multiple convenient locations. Our extensive experience in the medical malpractice field is reflected in the results we have achieved for our clients.

A person’s health is a very personal matter, especially if they have specific health issues that they do not feel comfortable discussing with others. Doctor-patient confidentiality is important because it allows patients to feel more comfortable sharing medical information. Furthermore, the more information the doctor has about the patient, the better he or she will be able to make an accurate diagnosis and provide the best care possible.

Once the doctor-patient relationship is established, the physician is not permitted to disclose any medical information without the patient’s permission. The duty of confidentiality does not end when the patient is no longer under the physician’s care. It lasts as long as the patient does, and it even lasts after the patient dies. The following are covered by the agreement:

Compartment syndrome occurs when swelling or bleeding in an area creates excessive pressure within a particular muscle compartment area of the body. A recent physical injury is usually the cause of compartmentalized bleeding or swelling. The pressure can prevent blood from flowing to the affected area, necessitating emergency surgery. Failure to recognize the signs and symptoms of compartment syndrome, as well as failure to rule out this condition, can result in medical malpractice lawsuits.

The most common type of compartment syndrome is acute compartment syndrome which is typically caused by a broken arm or leg. Acute compartment syndrome develops rapidly over hours or days and can result from the fracture itself, pressure from bleeding or swelling, or later as a result of fracture treatment.  If you have been injured because of negligence or medical malpractice, it is critical that you contact our attorneys. As a victim, you may be entitled to compensation for medical bills, pain and suffering, and lost wages. Our highly experienced medical malpractice attorneys at DeFrancisco & Falgiatano may be able to assist you in obtaining the compensation you deserve.  We serve clients throughout Upstate New York and have offices in several convenient locations. Our extensive experience in the field of medical malpractice is reflected in the results we have obtained for our clients.

Muscles, organs, and other body parts are generally divided into areas known as “compartments.” Internal segment walls of connective tissue known as fascia separate these compartments within the body. When there is a physical injury, fluid and/or blood will frequently accumulate and cause swelling within the injured compartment of the body. The fascia tissue that forms the walls separating the various compartments is not very elastic. As a result, when swelling occurs because of an injury, the pressure within the compartment frequently rises significantly. When compartmental pressure reaches a certain level, it prevents normal blood circulation to the tissue or organs within the compartment. Those organs or tissue can quickly decay if there is no constant supply of oxygen from blood flow. This can have serious ramifications, including functional loss and, in some cases, death. The arms, legs, and abdominal area are the body parts most prone to compartment syndrome.

A Pap smear, also known as a Pap test, is an exam used by doctors to screen women for cervical cancer. It can also detect changes in your cervical cells that could lead to cancer later on.  Early detection of cancer gives you the best chance of beating it.

Pap smears are critical for detecting precancerous cells in the body and eliminating them before they spread further. Pap smears are performed in a gynecologist’s office by swabbing the patient’s cervix during a pelvic exam. When administered and read correctly, this test can truly be a lifesaver. However, it is possible that a doctor was in a hurry, fatigued, or distracted and misread a patient’s Pap smear results. This is a critical error that can permanently alter a patient’s life.

Inadequate pap smear results can occur in a variety of circumstances. A technician who collects the cells, a pathologist or technician who interprets the data, or a physician who counsels patients about follow-up care can all make mistakes. Because the pap test is the primary screening tool for cervical cancer, diagnosis errors are most commonly caused by the test’s results. In addition to properly administering and interpreting the test, physicians must thoroughly investigate reports of unusual symptoms such as pelvic pain, unusual discharge, or blood in the urine or stool, and follow cervical cancer monitoring and diagnosis protocols.  If you believe your doctor not only misread your pap smear results but also failed to provide you with accurate information about when your next test is due, please contact our office immediately. Our highly experienced medical malpractice attorneys at DeFrancisco & Falgiatano may be able to assist you in obtaining the compensation you deserve.  We serve clients throughout Upstate New York and have offices in several convenient locations. Our extensive experience in the field of medical malpractice is reflected in the results we have obtained for our clients.

Polycystic ovarian syndrome (PCOS) is a disease that affects many aspects of a woman’s health, most notably menstruation and metabolism. There are several signs that a woman may have PCOS that include missed periods, pelvic pain, high glucose or insulin levels, excess weight gain, and fatigue.  One of the primary reasons that PCOS is so often misdiagnosed is that the symptoms can mimic other illnesses such as fibroids. Because those with PCOS often have hormonal imbalances, medical professionals will usually run blood tests, discuss patient history, and conduct an ultrasound on the patient’s ovaries. PCOS is a hormonal disorder characterized by enlarged ovaries with small cysts on the periphery. The cause of polycystic ovarian syndrome isn’t well understood but may involve a combination of genetic and environmental factors. Menstrual irregularities, excessive hair growth, acne, and obesity are all symptoms. Treatments include birth control pills to regularize periods, a medication called metformin to prevent diabetes, statins to control high cholesterol, hormones to increase fertility, and procedures to remove excess hair.

Women who suffer from PCOS are disproportionally impacted by infertility. Additionally, women with a history of this illness that has gone undiagnosed may experience extreme symptoms. Diagnosing a disease like PCOS may require a doctor to work through a series of potential scenarios before arriving at the right diagnosis, but in some cases, a doctor’s failure to diagnose may be negligent. One difference between the two from a legal standpoint is whether a person received a reasonable standard of care based on what other doctors would have done in similar circumstances. People who feel that their misdiagnosis constitutes medical malpractice might want to begin by discussing the situation with an attorney to see if the right elements and evidence may be in place to build a strong case. For a successful lawsuit, the injured party must also demonstrate they were harmed by the doctor’s medical negligence.  If your PCOS has been misdiagnosed, you should consider consulting with a medical malpractice attorney. They will be in the best position to help you get compensated for your losses along with the proper treatment you need. Gather your medical records and information about your doctor’s appointments before meeting with an attorney. This will assist your attorney in better assessing your situation and advising you on the next steps in your claim. Our highly experienced medical malpractice attorneys at DeFrancisco & Falgiatano may be able to assist you in obtaining the compensation you deserve.  We serve clients throughout Upstate New York and have offices in several convenient locations. Our extensive experience in the field of medical malpractice is reflected in the results we have obtained for our clients.

PCOS affects approximately 12% of women.  It can be difficult to detect in teens because some of its symptoms, including irregular menstruation, are also normal occurrences in puberty. Researchers say that an earlier and more accurate diagnosis means that the disease could be managed more effectively. Doctors are sometimes hesitant to treat teens for PCOS when they cannot get a definite diagnosis.

Acute respiratory distress syndrome (ARDS) is a type of severe, acute lung dysfunction caused by illness or injury that affects all or most of both lungs. Although it is commonly referred to as adult respiratory distress syndrome, it can also affect children. ARDS is caused by a buildup of fluid in the lungs’ small air sacs. This makes getting oxygen into the bloodstream difficult. Breathing difficulties, excessively deep and rapid breathing, and low levels of oxygen in the circulating blood are all possible symptoms. ARDS can occur as a result of widespread infection in the body or as a result of pneumonia, trauma, shock, severe burns, aspiration of food into the lung, multiple blood transfusions, and inhalation of toxic fumes, among other things. It usually manifests itself within 24 to 48 hours of the initial illness or injury and is classified as a medical emergency.

Although there is no cure for ARDS, there are treatment options that can aid in lung healing. Even with treatment, the condition is frequently fatal. More than half of those who develop the syndrome die because of it. Acute Respiratory Distress Syndrome (ARDS) is a lung injury that can occur as a result of medical malpractice. In recent years, there has been an increase in the number of cases of ARDS caused by medical professionals’ negligence by a physician’s inability to prevent excessive blood loss, failure to detect, prevent, or treat infections, incorrect administration of a blood transfusion, a surgical procedure error, and medication dosage errors and cross-reactions. If you or a loved one is suffering from the effects of ARDS because of a healthcare provider’s mistake, you may be able to take legal action. The highly experienced attorneys at DeFrancisco & Falgiatano have obtained millions in verdicts and settlements for medical and pediatric malpractice victims.  We serve clients throughout Upstate New York and have offices in several convenient locations. Our extensive experience in the field of medical malpractice is reflected in the results we have obtained for our clients.

Each year, approximately 150,000 cases of ARDS are reported in the United States. The progression of ARDS varies greatly across the country due to different definitions of the disease, demographics, and healthcare system differences. Acute respiratory distress syndrome can affect people of any age who have a lung injury or illness. The incidence rises with age, from 16 affected individuals per 100,000 in people aged 15 to 19 to 306 affected individuals per 100,000 in people aged 75 to 84. When ARDS is associated with sepsis or most other causes, there is no difference in incidence between men and women. When trauma is the underlying cause of ARDS, the incidence is slightly higher in females. Despite advances in our understanding of ARDS over the last two decades, the in-hospital mortality rate remains at 40-50%, with the majority of deaths occurring within the first few weeks of disease onset.

While watching the World Series, the Olympics, or any other major sporting event, it is easy to overlook the tremendous effort that each athlete has exerted to play their sport. Every no-hitter and gold medalist has spent years training, conditioning, and learning how to out-think their opponents. Many of the most inspiring sports tales involve athletes who have recovered from debilitating injuries or learned to transfer their skills. These stories and other dramatic on-field injuries remind us of the extremely important behind-the-scenes players who maintain the health and strength of our favorite players.

When athletes sustain injuries because of strenuous and intense exercise, sports medicine specialists can provide both preventative and emergency care. Frequently, sports medicine specialists provide specialized care for sports-related injuries or help athletes improve their health to enhance their performance. Malpractice in sports medicine occurs when a specialist fails to adhere to the professional standard of care of other specialists in this field. Call the Upstate New York medical malpractice attorneys at DeFrancisco & Falgiatano for a consultation if a sports medicine doctor misdiagnosed you or provided the wrong treatment.  We help clients throughout Upstate New York, with offices in multiple convenient locations. Our extensive experience in the medical malpractice field is reflected in the results we have achieved for our clients.

Today, more individuals participate in sports than ever before. Physicians who treat athletes face unique diagnostic and treatment challenges, as well as an increased legal liability risk. Physicians must be willing to seek guidance from specialists, especially when cardiac, spinal, or neurological issues are present. Concerns of the physician include the evaluation of potential concussions, spinal injuries, and heat stroke on the field.

The birth of a child is one of the most joyous occasions in a person’s life. Parents have the right to expect that every precaution will be taken to ensure the mother’s and baby’s health and safety during the labor and delivery process. Unfortunately, this does not always occur, and birth injuries occur. For far too many families, a doctor’s error takes away that moment of joy and the lifetime of happiness you had planned. When a doctor or nurse fails to act appropriately and fails to correctly identify or treat neonatal problems, the nurse, doctor, or hospital may be held liable for any harm done to your baby. If you believe your baby was harmed as a result of neonatology malpractice, the experienced birth injury lawyers at DeFrancisco & Falgiatano in Upstate New York can assist you in determining your legal options. We have several convenient locations across Upstate New York.  Our extensive experience in the medical malpractice field is reflected in the results we have achieved for our clients.

Birth injuries are just one example of medical malpractice. There is no reason for any medical or healthcare professional to act negligently and fall short of the acceptable standard of care. When treating patients suffering from a specific disorder or disease, the standard of care refers to the practices and procedures that are generally accepted by a certain class of medical professionals in a specific geographic region. The situation is even more upsetting when it affects a helpless, innocent newborn, severing that infant’s life or severely compromising the baby’s quality of life. Preventable medical errors are a major public health issue that affects people of all ages, ethnicities, and socioeconomic backgrounds. Medical errors have been identified as the third-leading cause of death by the Journal of Patient Safety, accounting for as many as 440,000 patient deaths a year. Many more sustain serious and long-term injuries.

Neonatologists are trained to handle complex and high-risk situations involving newborns. Neonatologists are doctors who, after medical school, can train for three years in pediatrics and another three years in a neonatal intensive care unit (NICU). They are certified by the Neonatal-Perinatal Medicine sub-board and the American Board of Pediatrics. A pediatrician can handle most problems, but some are risky, such as when a newborn is born very prematurely, has an injury, or is suffering from a serious illness. They also provide care for newborns during C-sections or other deliveries in which the baby or mother has a medical condition that requires medical intervention during or shortly after delivery.

Emergency rooms are frequently chaotic environments. Patients are rushed in for emergency treatment for serious injuries or illnesses. As a result, doctors and nurses are responding quickly to patients’ needs and performing emergency procedures. However, due to the fast-paced environment of emergency rooms, errors are frequently made, causing patients further injuries and harm. Emergency room physicians are frequently required to make quick decisions. Sometimes, instead of helping the patient, ER doctors make the wrong decision, resulting in a patient’s condition worsening or death because of an emergency room error. If you have been injured or a loved one has died because of an ER error in an Upstate New York medical facility, contact one of our experienced medical malpractice attorneys at DeFrancisco & Falgiatano. We serve clients throughout Upstate New York and have offices in several convenient locations. Our extensive experience in the field of medical malpractice is reflected in the results we have obtained for our clients.

The typical emergency room is understaffed.  Many doctors are overworked and do not have adequate time to spend properly diagnosing each patient. Also, many test results are not reviewed thoroughly because of the staffing situation and patients may fall through the cracks and are being discharged improperly.  Additionally, overcrowded emergency rooms sometimes lack the proper staff.  Patients may have to wait too long in the waiting area without receiving the care they need, and as a result, they may suffer a heart attack or have their health condition worsen because they cannot be seen in a timely manner.  Doctors and nurses work long shifts, and they often suffer from exhaustion. When staff members are fatigued, they can’t think clearly or use their best judgment. As a result, doctors and other ER staff may overlook symptoms or misdiagnose conditions causing patients further harm.  Patients may be passed from doctor to doctor or nurse to nurse multiple times over the course of a shift.  Because there are often so many people involved in a patient’s care in an emergency, from the EMT to the nurse, technician, and surgeon, miscommunication sometimes occurs because someone left something out of a patient’s chart or forgot to pass along important information.

The truth is that doctors are not the only ones who make critical mistakes in the emergency room. Paramedics, nurses, technicians, surgeons, anesthesiologists, and other medical personnel involved in a patient’s care frequently make mistakes. This creates numerous opportunities for errors, even from well-meaning medical professionals. To make matters worse, many people who visit the ER have urgent medical needs. Errors in this context can lead to serious complications or death. The National Center for Health Statistics reports that a decrease in the number of hospital emergency rooms over the last several years has put more strain on the remaining emergency departments. As a result, there is more crowding, a faster pace, and more opportunities for doctors, nurses, and other medical personnel to make mistakes in the emergency room. Medical staff members, regardless of their workload, are legally obligated to avoid mistakes by not rushing or cutting corners when diagnosing and treating emergency room patients.