Syracuse Personal Injury Law Blog
Anyone who suffers from migraines knows just how debilitating they can be. These headaches can sometimes hinder a person’s ability to carry out even the most basic day-to-day tasks. If you or a family member has suffered an injury because of a medical professional’s failure to treat a migraine properly, you should contact our skilled Syracuse medical negligence advocates without delay. We will examine your situation and determine whether improper medical care played a role in your harm.
What is a Migraine?
A migraine is a primary headache disorder characterized by recurrent headaches that can range in severity and pain. A migraine typically lasts from four to 72 hours if it is untreated. These headaches may be rare or take place several times a month. During a migraine, you may experience pain on one or both sides of your head in addition to other symptoms such as nausea, vomiting and sensitivity to light, sound or smell. Migraines may be triggered by a variety of factors, including lack of sleep, changes in the weather, hunger, stress and other factors.
Migraine Statistics
Sadly, migraines affect more people than you may think. Migraine is the third most common disease in the world. In the US, over 38 million people experience migraines. In fact, according to some estimates, 13 percent of adults in the country suffer from migraines and approximately 2-3 million migraine conditions are chronic.
Medical Malpractice
If you experience a severe headache for a prolonged period of time, you should go to an emergency room without delay. The symptoms of a migraine often mimic other much more serious conditions such as a stroke, brain aneurysm, meningitis, tumor or another neurological emergency. It is imperative that medical professionals rule out these much more serious and, in some cases, life-threatening conditions. If you are injured because a doctor or other medical professional incorrectly diagnosed your condition as a migraine when it was something more serious, you may have grounds to file a medical malpractice claim.
In cases where migraines are diagnosed properly, medical professionals often prescribe incorrect medication. For example, narcotics are not supposed to be given as “first-line” treatments for migraines. Rather, these medications are only to be given as a last resort. However, in many cases, patients are prescribed are narcotics which are addictive, have withdrawal symptoms and can make migraines in the long run. If this sounds familiar, you may also have grounds to file a medical malpractice claim.
People often think that medical malpractice lawsuits arise when doctors make mistakes. However, it is not that simple. Medical malpractice lawsuits arise when a medical professional’s treatment falls before the standard of care thereby causing injury or death to the patient. The standard of care refers to the level of care that a reasonably competent medical professional in the same specialty would have used in the same situation.
Burden of Proof in Medical Malpractice Claims
It is important to note that the burden of proof in all New York medical malpractice claims are on the plaintiff who must establish each element of malpractice by a ‘preponderance of the evidence.’ Under this standard, the jury or judge must believe that the plaintiff’s version of events is more likely true than the defendant’s version of events.
Trusted Syracuse Medical Malpractice Lawyers
A migraine can make it impossible to think or work effectively, if at all. If you or a loved one has suffered harm due to a healthcare provider’s failure to treat a migraine properly, you may be entitled to compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, our Syracuse medical malpractice lawyers have the skill, experience and resources to handle your claim. To discuss your case in more detail, please call us at 833-200-2000 or contact us online.
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Foreseeability in New York Medical Malpractice Cases, Syracuse Personal Injury Blog, September 18, 2018