Syracuse Personal Injury Law Blog

New York Doctor’s Negligence Leads to Patient Death in Botched Abortion Case

Published on: May 4, 2018 | By Jeff DeFrancisco

Botched abortions can have devastating consequences for a patient. If you or someone you love has been a victim of abortion malpractice, you need to reach out to a seasoned Syracuse medical malpractice lawyer who can provide you with skilled legal representation in your case. At DeFrancisco & Falgiatano Personal Injury Lawyers, we understand that abortion malpractice can cause a patient both physical and emotional distress, which is why we are committed to vigorously advocating for your rights at every step of the way.

In a recent case, a 30-year-old New York woman died from complications after getting an abortion at 25 weeks pregnant. The woman seeking the abortion bled to death after the doctor allowed her to leave the clinic despite signs of grave danger (such as the patient collapsing in the bathroom of the doctor’s clinic). He gave her no further instructions or advice about seeking medical attention.

While driving home, she fell unconscious, and her sister called 911. By the time the medics arrived, the patient was already dead. The doctor’s clinic shut down shortly after her death. The doctor’s conduct in the case went beyond civil liability. He recently pled guilty to the charge of criminally negligent homicide, which carries a sentence of 1.3 to four years of jail time.

Can You Sue a Syracuse Medical Professional for an Opioid Addiction?

Published on: May 1, 2018 | By Jeff DeFrancisco

Opioid addiction can have deadly consequences for a patient. If you or a loved one has been hurt or someone you love has passed away due to an opioid overdose, you may have legal rights. At DeFrancisco & Falgiatano Personal Injury Lawyers, our Syracuse medical malpractice lawyers can examine your case and help you understand your rights.

There has been a lot of speculation around singer Prince’s death. Based on a criminal investigation, it is believed that Prince died as a result of overdosing on what he believed were prescription opioids such as Vicodin, but were actually the black market version of these drugs, containing the much more powerful synthetic opioid fentanyl. Investigators could not figure out where Prince may have gotten these counterfeit drugs and, as a result, did not charge anyone in the death.

Prince’s family, however, recently filed a malpractice lawsuit against a hospital in Illinois that treated Prince’s first opioid overdose a week before his death. The lawsuit states that Prince’s death was a “direct and proximate cause” of the hospital failing to appropriately diagnose and treat the overdose. The lawsuit also claims that the hospital failed to investigate the cause of the overdose and provide proper counseling. In addition, the family is suing Walgreens, alleging that the pharmacy dispensed narcotic prescription medications to the pop star.

Vision Injuries Caused by Accidents in Syracuse

Published on: April 30, 2018 | By Jeff DeFrancisco

Vision loss can affect every aspect of your life. Not only can this type of injury hinder your day-to-day life, but it can also have a deep psychological and emotional toll on a person. If you or your loved one suffered vision loss in an accident caused by someone else’s negligence, you may be able to take legal action against the at-fault party. At DeFrancisco & Falgiatano Personal Injury Lawyers, our skilled Syracuse personal injury attorneys understand how to navigate complex personal injury cases and can apply our experience to your case.

Once vision is gone, it is rare for it to come back. Vision loss refers to eyesight that cannot be corrected to a normal level, even with the use of aids such as glasses or corrective lenses. Blindness, on the other hand, typically refers to lack of vision. Vision injuries may include corneal abrasion, partial vision impairment, loss of peripheral vision, optic nerve injury, detached retina, and even blindness.

In many cases, vision loss is caused by someone else’s negligence. Examples of accidents that may lead to vision loss include but are not limited to medical malpractice, car accidents, pedestrian accidents, defective products, slip and falls, sports injuries, or workplace injuries. Specifically, direct trauma to the eye can result in vision impairment or vision loss. No matter the cause of the injury, we can most likely help you hold the responsible party accountable.

Traumatic Brain Injury in Syracuse and Throughout New York

Published on: April 23, 2018 | By Jeff DeFrancisco

A traumatic brain injury can dramatically alter the lives and families of those affected. If you or a loved one has suffered a traumatic brain injury in an accident that was not your fault, you deserve compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, our seasoned Syracuse brain injury lawyers are committed to helping clients and their families find the resolution they need in their case. We know each case is unique, which is why we offer personalized representation at every step of the way.

Traumatic brain injury (TBI), also known as an intracranial injury, occurs when an external force such as a bump, blow, or jolt to the head injures the brain. TBI typically disrupts the normal function of the brain. Mild TBI may affect the brain cells temporarily, whereas more serious TBI can result in long-term damage or even death.

A variety of accidents can lead to TBI, including but not limited to motor vehicle crashes, slip and falls, sports accidents, construction accidents, defective products, and assaults. According to the Centers for Disease Control and Prevention (CDC), TBI is the leading cause of death and disability among people aged one to 44. CDC data also reveals that almost eight out of 10 TBIs among older adults are caused by a fall. A person who has suffered a TBI is more likely to die from seizures, unintentional drug poisoning, infections, and pneumonia.

Coronary Artery Bypass Malpractice in Syracuse

Published on: April 16, 2018 | By Jeff DeFrancisco

Coronary artery bypass surgeries are among the most common types of coronary surgeries. A mistaken diagnosis or misplaced cut can result in serious injuries or even death to a patient. If you or someone close to you has suffered preventable injuries during or immediately after a coronary artery bypass surgery, you need to reach out to a Syracuse medical malpractice attorney without delay. At DeFrancisco & Falgiatano Personal Injury Lawyers, we have helped many clients recover the compensation they deserve for their harm.

Coronary artery disease is a condition in which cholesterol and calcium plaque build up inside the coronary arteries and interfere with the oxygenation to the heart muscle. The plaque can harden and can rupture, and this significantly interferes with blood flow in the heart. Coronary artery bypass surgery is performed when an individual has severe blockages in one or more cardiac arteries. According to the Mayo Clinic, coronary bypass surgery is a surgical procedure that diverts the flow of blood around a section of a blocked or partially blocked artery in your heart. By creating a new path to the heart, coronary bypass surgery improves blood flow to your heart muscle.

Not every adverse outcome is a result of medical malpractice. In some cases, unavoidable complications would arise during any surgery. Medical malpractice takes place when a medical professional causes injuries or death by failing to adhere to the standard of care to which a reasonably prudent medical professional would have adhered in the same or a similar situation. In order to recover money damages, it is not enough to show that the medical professional deviated from the acceptable standard of care, but you also must show that the deviation was a substantial cause of your harm. Medical malpractice claims are extremely fact-intensive, and you can rest assured we can closely review all of the relevant medical records and test results in your case.

Liver Disease Malpractice in Syracuse and Across New York

Published on: April 9, 2018 | By Jeff DeFrancisco

If you believe your liver disease became worse or accelerated due to medical malpractice, you need to reach out to a seasoned Syracuse medical malpractice attorney without delay. At DeFrancisco & Falgiatano Personal Injury Lawyers, we understand how challenging life can be with a liver disease. Our experienced team can guide you through the legal process of pursuing compensation for your medical injuries. You can rest assured that we can be your trusted legal advocates at every step of the way.

The term ‘liver disease’ applies to diseases and disorders that cause the liver to function improperly or stop functioning altogether. Irregular results of liver tests often suggest liver disease. Common liver diseases include:

Liver cirrhosis: this condition is a result of chronic liver disease that results in scarring of the liver and liver dysfunction. There is impairment of the blood flow through the liver that leads to excess fluid in the abdomen.

New York Tops List for Most Malpractice Lawsuits in Country

Published on: April 2, 2018 | By Jeff DeFrancisco

Sadly, medical malpractice can lead to serious and long-term harm for a patient. If you have been injured or harmed by a medical professional’s mistake, carelessness, or wrongdoing, you may be able to recover compensation through a medical malpractice claim. At DeFrancisco & Falgiatano Personal Injury Lawyers, our Syracuse medical malpractice attorneys can scrutinize the circumstances surrounding your injury and determine whether malpractice took place.

According to a recent report released by Diederich Health Care, entitled “2018 Medical Malpractice Payout Analysis,” New York topped the list for the most medical malpractice lawsuits in the country and in the Northeast with a total of approximately $617,973,000 in payouts. Second place in the Northeast is held by Pennsylvania with $342,093,300 in payouts, and New Jersey is at third place with $267,913,250 in payouts.

Examining the per capita cost in the case of New York, the numbers translate to approximately $32 per person for each resident of the state. The lowest per capita rate was Wisconsin, with about $2.33 for each resident of the state – a stark difference.

Malpractice Involving Surgical Staples in Syracuse and New York

Published on: March 27, 2018 | By Jeff DeFrancisco

Whether it is due to surgery or an accident, surgical staples are commonly used to close wounds. While staples can be vital to bringing the flesh and skin back together, they can result in serious injuries if they are not used properly. If you suspect that you have suffered harm due to a medical professional’s mistake in administering surgical staples, you may be entitled to compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, we can thoroughly examine the facts of your case and help you figure out your next steps.

Surgical staplers are medical devices that close skin wounds without the need for stitches. The staples are used instead of sutures to close skin wounds. In some cases, these staples can be used to hold together internal organs. Sadly, an estimated 8,000 to 9,000 incidents are reported to the Food and Drug Administration each year as a result of surgical stapler use. Approximately 9 percent of these reports indicated injuries, and less than 1 percent indicated deaths. At least 65 percent of injuries or deaths that occurred were results of surgical staples used in gastrointestinal surgeries, such as gastric bypass. In addition, 19 percent of surgical staple mistakes took place in lung surgeries, and other incidents happened in appendix, cardiac, and circulatory system surgeries.

Surgical staple injuries can take place in a number of ways, including:

Suicide Malpractice in Syracuse and Throughout New York

Published on: March 20, 2018 | By Jeff DeFrancisco

Losing a loved one to suicide is a tragedy no one should have to face. The sad reality is that, in many cases, medical professionals could have prevented the suicide. If your loved one took his or her own life, and you believe a medical professional’s error or incompetence played a role in the suicide, you need to reach out to a diligent Syracuse psychiatric malpractice attorney without delay. While nothing can bring your loved one back, we can help you seek the justice and compensation you deserve to move on with your life.

Unfortunately, suicide is one of the leading causes of death among individuals under the age of 35 in the United States. According to the Centers for Disease Prevention and Control (CDC), suicide was the tenth-leading cause of death for all ages in 2013. CDC data reveals that males take their own lives at nearly four times the rate of females and represent 77 percent of all suicides. The sad reality is that, many times, suicide could be prevented. The National Institute of Mental Health reports that over 90 percent of Americans who die by suicide suffer from a treatable mental illness or substance disorder. Almost all suicides involve persons with a history of mental illness. In many cases, the person has attempted suicide before.

Suicide can take place in a variety of medical settings, ranging from an inpatient psychiatric facility to a hospital. Medical malpractice occurs in suicide cases when a medical professional, most likely a psychiatrist, fails to recognize that a patient presents an imminent risk of harm and fails to provide treatment accordingly. Put another way, malpractice occurs when a medical professional causes harm to a patient by failing to use the level of care and caution that a reasonably prudent medical professional in the same specialty would have used under the same circumstances. Establishing malpractice can be complex, but we understand what needs to be shown in order to win these cases.

Surgical Fire Malpractice in New York

Published on: March 16, 2018 | By Jeff DeFrancisco

Although surgical fires are rare, they are extremely serious events that can lead to longstanding injuries. If you or a loved one has been injured by a fire in the operating room, you may be entitled to compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, our diligent and hard-working Syracuse surgical malpractice attorneys can thoroughly examine the facts of your case and help you figure out what happened.

Surgical fires are defined as fires that occur in, on, or around a patient who is undergoing a medical or surgical procedure. According the American Association of Nurse Anesthetists, approximately 550-600 surgical fires take place each year. Shockingly, the patient’s body can catch fire, leading to serious injuries, disfigurement, and, in the most serious cases, even death.

While certain medical mistakes may be understandable, some are so shocking and extreme that they should never have happened. These events are commonly known as “never events,” referring to events that should never happen. Dr. Ken Kizer, former CEO of the National Quality Forum (NQF), first coined the term in 2001. Unsurprisingly, patient safety groups have deemed surgical fires as never events.