Articles Posted in Medical Malpractice

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.

Medical malpractice claims typically sound in negligence. There is a difference between ordinary negligence and negligent acts committed in the course of offering medical care, though, and the failure to recognize the distinction prior to instituting a lawsuit can have negative consequences. For example, in a recent New York case, a court dismissed the plaintiff’s lawsuit against a physician on the grounds that the statute of limitations for medical malpractice claims, rather than the statute of limitations for negligence claims, applied and operated to bar the plaintiff’s claims. If you were hurt by incompetent medical care, you could be owed compensation, and you should speak to a Syracuse medical malpractice attorney.

The Plaintiff’s Harm

It is alleged that the plaintiff was a patient of the defendant’s allergy practice. During a treatment visit, one of the defendant’s employees injected the plaintiff with an allergy shot intended for another patient. The plaintiff later commenced a lawsuit against the defendant, alleging that she suffered personal injuries due to the error.

Reportedly, after discovery, the defendant moved for summary judgment on the grounds that the plaintiff’s claims were not filed within two years and six months of her harm, as demanded by the statute of limitations. The plaintiff argued that her claims sounded in ordinary negligence and not medical malpractice. The court granted the defendant’s motion and the plaintiff appealed. Continue Reading ›

Breast cancer is a devastating illness that impacts many women. As such, it is recommended that women undergo regular breast cancer screenings. Even if a woman submits to such tests, they may nonetheless develop cancer. Whether a doctor’s failure to conduct more frequent screenings to prevent cancer from progressing constitutes malpractice, however, depends on the facts of the case. This was illustrated recently in a New York matter in which the court dismissed the plaintiff’s claims on the grounds that she could not establish that her harm arose out of the defendant’s negligence. If you were injured by medical errors, you have the right to pursue claims against your doctor, and it is wise to meet with a Syracuse medical malpractice attorney.

History of the Case

It is reported that the plaintiff treated with the defendant gynecologist, who referred her for a screening mammogram in 2015. The radiologist that interpreted her mammogram recommended an ultrasound as well. The defendant discussed the recommendation with the plaintiff and advised her that he agreed.

Allegedly, the plaintiff underwent an ultrasound and a diagnostic mammogram, the results of which were probably benign and benign, respectively. It was recommended that she follow up in six to twelve months. In June 2106, she visited a breast surgeon due to pain and swelling and was diagnosed with stage II breast cancer. She then filed a medical malpractice lawsuit against the defendant. The defendant moved for summary judgment, and the trial court granted his motion. The plaintiff appealed. Continue Reading ›

The federal government funds many medical facilities in New York; as such, the healthcare providers that work in such facilities are often considered federal employees. Whether a physician works for a private or public corporation matters, in part, if the physician engages in behavior that constitutes malpractice, as it impacts how a plaintiff must pursue claims against them. This was demonstrated recently in a New York medical malpractice case in which the court dismissed the plaintiff’s lawsuit on the grounds that she failed to exhaust her administrative remedies prior to pursuing claims against the defendant. If you suffered harm because of a doctor’s carelessness, it is advisable to consult a Syracuse medical malpractice lawyer to discuss your possible remedies.

Procedural Background of the Case

It is alleged that the plaintiff treated with the defendant doctor during her pregnancy. Tragically, the plaintiff’s son suffered injuries at birth, including brain damage, cerebral palsy, seizures, and the inability to walk. The plaintiff attributed the infant’s injuries to the defendant’s failure to perform an emergency C-section. During the relevant period, the defendant worked for a health center that received federal funding.

Reportedly, approximately two years after the infant’s birth, the plaintiff submitted an administrative claim to the Department of Health and Human Services (HHS). Six weeks later, she instituted a medical malpractice claim against the defendant in state court. HHS did not issue a written determination regarding the claim at that time. The United States removed the case to federal court. It then moved to substitute itself as a defendant and dismiss the plaintiff’s complaint due to her failure to exhaust her administrative remedies. Continue Reading ›

After people undergo surgical procedures, it is critical that they receive appropriate care. Thus, if healthcare providers fail to take the post-surgical measures necessary to prevent them from developing infections and other complications, they may be liable for medical malpractice. The standard of care imposed on medical professionals providing post-operative treatment was the topic of a recent opinion delivered by a New York court in a medical malpractice case. If you were hurt by inadequate medical care, you have the right to pursue claims against the parties that caused your losses, and it is wise to talk to a Syracuse medical malpractice attorney promptly.

The Facts of the Case

It is reported that the plaintiff sought treatment from the defendant doctor for arthritis in his right hip. The defendant doctor recommended that the plaintiff undergo hip replacement surgery; the plaintiff consented to the procedure, which the defendant performed without incident. The plaintiff remained in the hospital for several days following the surgery, where he was monitored and cared for by the defendant doctor and defendant physician assistant.

Allegedly, the defendant developed a decubitus ulcer on his buttocks during his admission that required further hospitalization and extensive care. He subsequently filed a medical malpractice lawsuit against the defendants, arguing they deviated from the standard of care, causing him to develop the decubitus ulcer. The defendants moved for summary judgment, but the court denied their motion. The defendants appealed. Continue Reading ›

People harmed by negligent medical care have the right to pursue medical malpractice claims against their providers, but they must act promptly; otherwise, their claims may be dismissed as untimely. Specifically, under New York law, medical malpractice lawsuits must be filed within two years and six months of the date of the alleged harm. Certain exceptions may apply, though, like the continuous treatment doctrine, that allow for the tolling of the statute of limitations. Recently, a New York court discussed the continuous treatment doctrine in a case in which it denied the defendant’s motion to dismiss the plaintiff’s claims as untimely. If you suffered harm because of a doctor’s incompetence, it is wise to talk to a Syracuse medical malpractice lawyer as soon as possible to determine what claims you may be able to pursue.

The Facts of the Case

It is alleged that the plaintiff presented to the defendant institute in October 2007 for assessment of head and neck pain. The defendant’s doctors diagnosed her with numerous disorders and recommended that she receive treatment at the defendant hospital. She subsequently underwent five surgical procedures at the defendant hospital between May 2008 and November 2012.

Reportedly, the plaintiff was misdiagnosed, and the surgeries were unnecessary. As such, she filed a lawsuit against the defendants, asserting medical malpractice and lack of informed consent claims. After the parties conducted discovery, the defendants moved for summary judgment on the grounds that the plaintiff’s claims were untimely. The trial court granted the motion, and the plaintiff appealed. Continue Reading ›