Medical Malpractice

Court Analyzes Notice to Public Corporation Required to Pursue Medical Malpractice Claims Under New York Law

Published on: January 21, 2019 | By DeFrancisco & Falgiatano

In medical malpractice cases, as with all cases, it is important to follow any procedural rules. If a plaintiff does not properly comply with the laws regarding notice and statutory limitations periods, he or she may waive the right to recover damages regardless of whether the defendant medical professional provided inadequate care. For example, under New York medical malpractice law, a plaintiff pursuing a medical malpractice claim against a public corporation is required to provide the corporation with notice of the essential facts of the claim within 90 days of the alleged harm.

Recently, a New York appellate court discussed the notice requirements and what constitutes actual notice, in a medical malpractice case pursued against a municipal rescue squad. If you sustained permanent injuries because of negligent care from a medical professional, it is important to consult a trusted Syracuse medical malpractice attorney in a timely manner to avoid waiving your right to recover.

Plaintiff’s Injury and Subsequent Care

Allegedly, the plaintiff tripped and fell down a flight of stairs while she was at a restaurant. The defendant fire and rescue squad responded to a call for emergency medical services. The defendant’s emergency medical technician (EMT) evaluated the plaintiff and provided her with care until a paramedic arrived. The plaintiff was transported to the hospital by the paramedic, and upon her arrival at the hospital reported a loss of sensation in her legs. The plaintiff was ultimately diagnosed a partial paraplegic.

Court Affirms New York Jury’s Finding that Doctor’s Negligence did not Cause the Alleged Harm

Published on: January 14, 2019 | By DeFrancisco & Falgiatano

Medical malpractice claims typically allege that a medical provider negligently breached the standard of care and therefore, the provider should be responsible for any harm the injured party sustained because of the inadequate care. To recover under a medical malpractice claim alleging negligence, in addition to proving that the medical provider’s care was negligent, you must show that the negligence was the actual cause of your damages.

This was illustrated in a recent case decided by the appellate division of the Supreme Court of New York, in which the court affirmed a jury’s verdict in favor of the defendant medical provider, despite finding he provided negligent care. If you were harmed by inadequate medical care, you should seek a consultation with a trusted Syracuse medical malpractice attorney in a timely manner to discuss what options you have for pursuing damages from the responsible parties.

Plaintiff’s Allegations and the Jury Ruling

The plaintiff sued the defendant doctor for allegedly improperly performing diagnostic arthroscopic knee surgery, without her consent. The plaintiff claimed that as a result of the surgery, which was unnecessary, she suffered neurovascular injuries. During the trial, the defendant and plaintiff each presented evidence from experts certified in orthopedic surgery and neurosurgery. The jury ultimately found that the defendant deviated from the standard of care in his pre-surgical examination of the plaintiff, but the deviation was not the proximate cause of the plaintiff’s alleged injuries. Additionally, the jury found that the defendant did not deviate from the standard of care in any other way in his treatment of the plaintiff and that the defendant obtained the plaintiff’s informed consent prior to performing the surgery. The plaintiff filed a motion to set aside the jury’s verdict, alleging that the jury’s verdict was contrary to and against the weight of the evidence. The court denied the motion, and the plaintiff appealed.

New York Court Finds an Issue of Fact Exists as to When Treatment Ended in a Medical Malpractice Case

Published on: January 2, 2019 | By DeFrancisco & Falgiatano

Under New York law, medical malpractice actions must be filed within two and a half years of the last date of treatment or they may be barred as untimely. Depending on the nature of the relationship between the patient and treatment provider, however, the last date of treatment may be up for debate.

Recently, the Supreme Court of New York held that an issue of fact existed as to whether an injured party’s treatment with a medical practice could be imputed to the surgeon that allegedly caused her harm. If you suffered injuries or illness due to insufficient medical care, it is in your best interest to consult a seasoned Syracuse medical malpractice attorney as soon as possible to determine whether you may be able to seek compensation from one or more of the medical providers that caused you harm.

Plaintiff’s Treatment

Reportedly, on March 18, 2011, the plaintiff underwent a bilateral mastectomy with a first surgeon and immediately after underwent a bilateral breast reconstruction with a second surgeon. The plaintiff subsequently contracted a MRSA infection at the surgical site, and receive treatment for the infection from the second surgeon until November 14, 2011. She also continued to receive treatment from the first surgeon at the practice that employed both surgeons until October 2012. On September 30, 2014, the plaintiff filed a medical malpractice lawsuit against both surgeons. The second surgeon filed a motion for summary judgment, arguing the plaintiff’s claims against her were barred by the two and a half year statute of limitations for medical malpractice actions in New York. The court denied the motion and the second surgeon appealed. On appeal, the court affirmed.

Malpractice Caused by Failure to Diagnose Septic Arthritis

Published on: December 26, 2018 | By DeFrancisco & Falgiatano

Septic arthritis is a medical emergency that requires immediate attention. If you have lost a limb because your doctor failed to diagnose or treat septic arthritis, you may have the right to pursue compensation through a medical malpractice claim. At DeFrancisco & Falgiatano Personal Injury Lawyers, we will examine your case and help you explore possible legal remedies for your harm. With extensive experience in New York medical malpractice law, we are committed to protecting the rights of each and every one of our clients.

Septic Arthritis

Septic arthritis, also known as reactive arthritic and bacterial arthritis, is inflammation of a joint caused by infection that is not caught in a timely manner. It is caused by a number of microorganisms, including bacteria and fungus being passed through a person’s bloodstream to a joint. The most common sites for septic arthritic are the hip and knee joints. An early and accurate diagnosis coupled with emergency treatment is crucial to making sure a patient’s condition does not worsen. If untreated, the septic arthritic can spread at a rapid pace and leave lifelong damage, which can lead to the amputation of the affected limb. In the most severe cases, septic arthritis can be life threatening.

Father Sues Rehabilitation Center Caused Son to Suffer Further Injuries

Published on: December 12, 2018 | By DeFrancisco & Falgiatano

People struggling with drug addiction are especially vulnerable and rehab centers are well aware of that. These individuals, like any other patients, trust their doctors to provide them with competent treatment and care. If you have been injured at a rehab center, you may have a valid medical malpractice claim on your hands. At DeFrancisco & Falgiatano Personal Injury Lawyers, our highly skilled Syracuse medical malpractice attorneys have the necessary experience and knowledge base to evaluate your claim.

A West Virginia father is suing a rehabilitation facility alleging medical malpractice in causing his son to sustain further injuries. According to the complaint, the patient received medical care and treatment at the rehab center after suffering a drug overdose. However, the rehab center allegedly provided negligent care for someone who suffered a drug overdose, which actually worsened the patient’s condition instead of improving it. As such, the patient claims to have suffered injuries, diminution the ability to enjoy life and limited in his ability to perform daily activities.

Physical Therapy Malpractice in Syracuse

Published on: November 15, 2018 | By DeFrancisco & Falgiatano

If you have been injured by a physical therapist’s negligence, you might be wondering what your legal options are. Since physical therapists are considered medical professionals, a physical therapist’s error, misconduct or carelessness could give rise to a medical malpractice claim. Our knowledgeable Syracuse physical therapist negligence attorneys will diligently analyze the circumstances of your injury so we can provide you with an honest opinion regarding your legal options.

The Role of Physical Therapists

Physical therapists are licensed healthcare professionals who help people regain strength and movement that may be impaired due to a condition or injury. Specifically, physical therapists use exercises and special treatments to help people move their bodies. These professionals also help with pain management. A patient may seek the help of a physical therapist at a rehabilitation center, hospital, nursing home or even at one own’s home. Injuries may take place during a physical therapy session for a number of reasons, including:

Dropping patients during an exercise;
Leaving patients unattended on equipment;
Failure to monitor patients during an exercise;
Using broken equipment;
Sexual assault;
Overextending joints;
Failing to inform patients of risks associated with a particular treatment;
Failing to listen to patients’ complaints of pain.

Medical Malpractice Related to Sleep Apnea in Syracuse

Published on: November 8, 2018 | By DeFrancisco & Falgiatano

It is estimated that 20 million Americans experience sleep apnea. If you have experienced an injury related to sleep apnea misdiagnosis or substandard treatment, you might be able to recover compensation for your injury. Our Syracuse medical malpractice lawyers will investigate your claim with compassion and assist you get the answers you deserve. These cases are very tricky but having skill legal counsel on your side can make a big difference in your case.

What is Sleep Apnea?

Sleep apnea is defined as a possibly severe sleep condition in which the breathing recurrently stops and starts. It falls under two categories:

Obstructive sleep apnea: this is the most common type and takes place when the throat muscles relax.
Central sleep apnea: this takes place because the brain fails to send the right signs to the muscles that control an individual’s breathing.

Issues Associated with Lyme Disease Medical Malpractice in and around Syracuse

Published on: November 1, 2018 | By DeFrancisco & Falgiatano

Lyme disease can have a devastating impact on a patient’s life. If you have suffered harm because a doctor failed to diagnose or treat Lyme disease properly, you may have a medical malpractice case on your hands. Our Syracuse medical negligence attorneys are dedicated to helping victims of medical malpractice pursue the compensation they rightfully deserve for their injuries. These cases are very difficult and it is vital to have a skilled legal advocate who can provide advice and assistance throughout your case.

What is Lyme Disease?

Lyme disease is an infectious disease caused by bacteria called Borrelia, which is transmitted to humans through the bite of infected blacklegged ticks. Symptoms commonly associated with the disease include fatigue, headache, fever and a skin rash that looks like a bulls eye. This distinct rash is the hallmark of the infection. The disease is often misdiagnosed for two main reasons: the disease can affect each person differently and the symptoms of the disease often resemble the symptoms of other conditions. Left undiagnosed and untreated, however, Lyme disease can affect your joints, heart and nervous system.

Malpractice Related to Osteomyelitis in Syracuse

Published on: October 25, 2018 | By DeFrancisco & Falgiatano

If you or a family member suffered from an osteomyelitis related injury because of a healthcare provider’s carelessness, you could be eligible for damages. These cases can be incredibly complex, which is why it is imperative to reach out to a hard-working Syracuse medical malpractice attorney who can help.

What is Osteomyelitis?

Osteomyelitis is a medical condition characterized by inflammation of the bone or bone marrow. Patients with osteomyelitis generally experience serious pain and muscle spasms in the inflammation area, as well as fever. If detected early, the condition can be treated with antibiotics and, in some cases, surgery. If not treated properly, however, the infection could spread to other parts of the body and can lead to bone death. If bone death takes place, amputation may be the only way to prevent the infection from spreading. The condition can even be fatal if not treated in a timely and effective manner.

Complications Arising from Untreated Jaundice in New York Newborns

Published on: September 25, 2018 | By DeFrancisco & Falgiatano

The birth of a child is supposed to be one of the happiest times in your life, but it can quickly become stressful when something goes wrong. If your doctor failed to diagnose or treat infant jaundice, you may be entitled to compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, our hard-working Syracuse medical malpractice attorneys have the determination, skill and experience to handle your case. We will analyze the circumstances surrounding your child’s injury to determine if there is enough evidence to file a lawsuit.

Jaundice, also referred to as hyperbilirubinemia, is characterized by a yellowish discoloration of the eyes and skin of a newborn infant. This happens because the baby’s blood contains excessive amounts of bilirubin, a pigment that is released when red blood cells are broken down. Under normal circumstances, the liver removes bilirubin from the body, but in some newborn children, the liver is not mature enough to do this properly. When jaundice is not identified and goes untreated, a condition called kernicterus can develop. Kernicterus is a type of brain damage caused by very high levels of bilirubin in the blood.

Six out of every ten children are born with some degree of jaundice that is diagnosed as a relatively minor condition. Most infants recover from jaundice on their own with non-invasive treatments; however, if jaundice is severe or goes untreated then newborns may experience severe health problems such as hearing loss, vision problems, intellectual disabilities and even cerebral palsy.