Rochester Medical Malpractice

As a patient or family member of someone who has needed treatment, it can be difficult to know whether a condition is the result of a medical mistake. At DeFrancisco & Falgiatano, LLP, we bring more than 30 years’ experience to representing medical malpractice victims and their families in Rochester, and we work closely with trusted experts who know how to identify substandard medical care. If you suspect that you or a loved one may be a victim of medical malpractice, it is important that you seek help as soon as possible. While New York’s statute of limitations is two and a half years (and in many cases longer), delaying action can make it more difficult to seek compensation, and there is a good chance that you will need to file a successful claim in order to meet the financial needs of your recovery. At DeFrancisco & Falgiatano, LLP, we offer skilled and aggressive legal representation for medical malpractice claims in Rochester, NY. Our attorneys have decades of experience, and we have recovered well over $100 million for injury victims and families throughout Upstate New York. A few examples include:

• $10,500,000 for failure to diagnose cancer.
• $10,000,000 for a neurosurgical error resulting in paralysis.
• $4,125,000 for a birth injury resulting from undiagnosed fetal distress.
• $4,000,000 for a birth injury.
• $4,000,000 for ob/gyn negligence.
• $3,850,000 for urology malpractice.
• $2,400,000 for hospital negligence.
• $2,300,000 for a neurosurgical error resulting in paralysis.
• $2,000,000 for a birth injury resulting from malpractice during delivery.
• $1,690,000 for a medication error.
• $1,400,000 for delayed diagnosis and treatment of meningitis.
• $1,400,000 for OB-GYN malpractice.
• $1,400,000 for wrongful death.
• $1,300,000 for chiropractic negligence.

We attribute much of our success to our focus on client-first representation. In each case, we get to know our client personally, and we take the time to learn the minute details about their medical history, treatment, and illness or injury. With this personalized approach, and with the help of expert physicians in all fields of medicine, we are able to build compelling cases that maximize our clients’ financial recoveries and typically result in settlements prior to trial.

"I sustained a very serious and life altering injury as a result of emergency room negligence. I was actually using another attorney at the time my fiancé met another client of Jeff DeFrancisco. His other client had just had his case settle and he highly recommended Mr. DeFrancisco so I had my case transferred to him. I was extremely happy at the way the case progressed, Jeff DeFrancisco's knowledge and experience in both the law and the medicine, and the result he obtained for me. I would highly recommend him and his firm." – T.D.

"My mother died as a result of medical malpractice. From the beginning all the way to the end, Charles Falgiatano was a true professional and went above and beyond the call of duty. We couldn't have asked for more. Charlie kept in constant contact with me, explained everything, and always took the time to make sure my family and I understood what was going on. He was very aggressive in pursuing our case. While I hope that no one has to suffer the loss that our family did, I would highly recommend that you call DeFrancisco & Falgiatano to help you and your family if needed."- R.B.

As our case results show, we have significant experience representing clients who have been diagnosed with illnesses and injuries resulting from all types of medical mistakes. Our attorneys regularly represent individuals and families in cases involving:

While emergency rooms can at times be hectic, this is not an excuse for patients to receive substandard care. From issues such as overcrowding and lack of resources to misdiagnoses and surgical errors, there are countless forms of emergency room negligence that can justify patients’ claims for financial compensation.

In addition to mistakes in emergency rooms, patients routinely suffer avoidable illnesses and complications due to other forms of hospital malpractice. Anesthesia errors, understaffing, improper maintenance of patient records, and failure to monitor patients waiting for treatment are all common examples of avoidable administrative and treatment-related mistakes.

Medication errors are alarmingly common. Overdoses, under-doses, administration of incorrect medications, failure to consider allergies and drug interactions, and numerous other issues can all have life-changing effects. We represent clients who have received improper medications and prescriptions from physicians, pharmacists, nurses, and other medical professionals.

Neurologists are highly specialized doctors who have the capability to save people’s lives, but who are also prone to making mistakes that can have severe, and even life-threatening, consequences. Common forms of neurology medical malpractice include failure to diagnose, delayed diagnosis, medication errors, and mistakes during patient examinations.

Like all doctors, obstetrician-gynecologists (OB-GYNs) are subject to certain standards of care. When they fail to meet these standards, women can face consequences that include ovarian and cervical cancer, organ damage, and complications during pregnancy. OB-GYN errors are commonly responsible for birth injuries and birth defects, as well.

We also routinely handle medical malpractice claims on behalf of individuals and families who have suffered as a result of:

• Anesthesia Errors
• Cardiology Malpractice
• Claims Against the Veterans Administration Medical Center
• Dermatology Medical Malpractice
• ENT / Otolaryngologist Malpractice
• Failure to Diagnose, Monitor, or Treat
• Failure to Diagnose Heart Attack
• Midwife Malpractice
• Neurosurgery Malpractice
• Oncology Malpractice
• Orthopedic Medical Malpractice
• Pathology Malpractice
• Pediatric Malpractice
• Primary Care & Family Practice Malpractice
• Podiatry Malpractice
• Radiology Malpractice
• Surgical Errors
• Urology Malpractice

Q: Do all physician errors constitute medical malpractice?

While medical mistakes will commonly reflect the level of negligence required to pursue a claim for medical malpractice, there are certain exceptions. For example, under New York’s "Good Samaritan" law, in certain emergency scenarios, medical professionals may be held to lower standards. Similarly, while physicians must be cautious about using new and non-mainstream forms of treatment, under the "respectable minority principle," there are circumstances in which a failed attempt at a radical form of treatment may be appropriate.

Q: If I waited too long to seek treatment, could this affect my medical malpractice claim?

First of all, you should not assume that you waited too long. It can often be difficult to know when you need a doctor, and even doctors make mistakes when it comes to diagnosing patients’ illnesses and injuries. However, if it turns out that you were partially to blame, this could reduce the amount of your compensation. New York follows a rule known as "pure comparative fault," which means that even if you were 90 percent at fault, you would still be entitled to recover 10 percent of your losses.

Q: Are doctors who work long shifts more likely to commit malpractice?

Potentially, yes. Studies have shown that sleep deprivation and fatigue can cause impairments similar to alcohol intoxication. If your doctor made a mistake after working a 12, 24, or even 28-hour shift, this fact will likely be relevant to your claim for compensation.

Q: Can I sue my pharmacy for a medication error?

Possibly. If you have been harmed by a medication error, one of the first steps in your case will be to determine when and where the error occurred. Depending upon what happened, your doctor or nurse, the hospital, and your pharmacist could all potentially be responsible. Common forms of pharmaceutical malpractice include:

• Dispensing the wrong medication
• Dosage errors
• Labeling errors
• Mixing up patients’ prescriptions
• Unsafe pharmacy procedures and inadequate staffing

Q: Which medical conditions are most commonly misdiagnosed?

Misdiagnosis is among the most prevalent forms of medical malpractice. While virtually all medical conditions can be misdiagnosed (including failure to diagnose and delayed diagnosis), some of the most commonly misdiagnosed conditions include:

• All forms of cancer
• Celiac disease
• Heart attacks
• Lyme disease
• Maternal birth injuries
• Multiple sclerosis (MS)
• Strokes
• Thyroid conditions

Q: How common is medical malpractice?

Medical malpractice is a pervasive issue in American medicine. According to a recent study published by Johns Hopkins Medicine, medical errors are now the third-leading cause of death in the United States, accounting for more than 250,000 deaths every year. Far more medical mistakes result in non-fatal illnesses and injuries, and far too many of these mistakes go unreported.

How do you choose the right law firm to handle your medical malpractice claim? You could look at bus benches and billboards. You could look at paid Internet advertisements. Or, you could choose a firm that your local community has trusted for years. At DeFrancisco & Falgiatano, LLP, we have more than 30 years of combined experience representing medical malpractice victims in Upstate New York. As a result of this experience, we have received some of the most prestigious legal awards available while earning top ratings from our clients and peers. If you would like to speak with a medical malpractice lawyer in Rochester, we encourage you contact us for a free consultation. To speak with an attorney in confidence, call 833-200-2000 or submit your case online today.