Medical Malpractice

Research Confirms Fear of Lawsuits Results in Extra Medical Tests

Published on: August 14, 2018 | By DeFrancisco & Falgiatano

Often, medical professionals order unnecessary medical tests in an effort to reduce the chance of being sued for medical malpractice. Sadly, research shows that, many times, these tests do not actually help the patient in any way. If you or your loved one has been injured due to a medical professional’s mistake or error in judgment, you may have a valid malpractice claim. At DeFrancisco & Falgiatano Personal Injury Lawyers, our diligent Syracuse medical malpractice attorneys can evaluate the facts of your case and provide you with an honest assessment of your claim.Researchers from Duke and M.I.T. have discovered that the chance of a lawsuit increased the intensity of health care that patients received in the hospital by approximately 5 percent – and that patients who received such extra care did not actually benefit in any way.

The study examined what happened to the hospital care that military members received when a base closing forced them to use their benefits in regular hospitals where they could sue for malpractice if something went wrong. Spending on their health care increased, especially on extra diagnostic tests. In addition, the study found that even with military hospitals, family members who could sue tended to get more tests than those who could not sue. In essence, physicians change their behavior in response to liability considerations, even though that changed behavior does not result in better patient care.

Woman Loses Ovaries and Toes Due to IUD

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

Every year, women in New York and throughout the country make choices about the type of birth control they want to use to help with family planning. If you believe that you have been the victim of IUD medical malpractice, you need to reach out to a seasoned Syracuse medical malpractice attorney who can help. At DeFrancisco & Falgiatano Personal Injury Lawyers, we have extensive experience representing victims of medical malpractice throughout New York.

An IUD is a tiny device that is put into a woman’s uterus to prevent pregnancy. Essentially, IUDs prevent pregnancy by changing the way the sperm cells move so they cannot reach an egg. These devices are long-term, reversible and one of the most effective birth control methods available to women.

Three years ago, mother-of-one T.S., consulted with her physician and decided to get an intrauterine device (IUD). She had it in for three years and it never gave her any problems until last November when she felt a sharp pain. She went to the hospital and an x-ray revealed the birth control had shattered into pieces and shifted far up her stomach into her liver.

Radiologist Failure to Detect Cyst Led to Patient Death in New York

Published on: July 19, 2018 | By DeFrancisco & Falgiatano

Radiology is a powerful tool for detecting disease. When a radiologist mistakenly fails to identify and diagnose a condition, the consequences can be deadly. If you or someone you love has been harmed by a radiology error, the seasoned Syracuse medical malpractice attorneys at DeFrancisco & Falgiatano Personal Injury Lawyers can help. We will investigate every aspect of your medical injury and provide you with a realistic assessment of your case.

In a recent Pennsylvania case, a radiologist’s failure to notice a cyst caused a patient’s death. In October of 2014, the decedent, a 66-year-old man went to the emergency room and complained of back pain indicating that his pain was a 10 out of 10. He was given medication and underwent a CT scan of his abdomen and pelvis. A radiologist reviewed the scan and did not find anything noteworthy. The man was discharged with a diagnosis of back pain and told to follow up with his primary care doctor.

Over the next 15 months, the man consulted with his primary care doctor and came back to the emergency room three times complaining of back pain. At each visit, the doctors noted that the CT scan from 2014 was negative and discharged the patient with some medication.

Syracuse Vaccine Injuries

Published on: June 29, 2018 | By DeFrancisco & Falgiatano

Vaccinations have eradicated many harmful diseases in the United States. If you have reason to believe that you or your child has been injured by a vaccine, it is important to seek the guidance of a skilled Syracuse medical malpractice attorney who can assess the merits of your case. At DeFrancisco & Falgiatano Personal Injury Lawyers, we are committed to helping our clients get the compensation they deserve for their harm.

Most of the time, vaccines function as intended by enhancing the immune system’s ability to fight off disease. However, in some cases, vaccines can do more harm than good. While the majority of vaccines often present mild side effects, such as fever, nausea and body aches, some may present more serious problems in certain individuals. About 1 in 100 people report experiencing more serious issues within six months of receiving a vaccination, such as:

Blood in urine or stool;
Pneumonia;
Inflammation of the stomach or intestines;
High fever;
Swelling, severe pain and/or bleeding in the arm where the shot was administered.

Air Embolism Malpractice in Syracuse

Published on: June 4, 2018 | By DeFrancisco & Falgiatano

Injuries caused by an air embolism can be severe. If you or a loved one has been hurt by an air embolism, you need to contact a skilled Syracuse medical malpractice attorney who can help. At DeFrancisco & Falgiatano Personal Injury Lawyers, we have represented many clients in medical malpractice cases and can apply our knowledge to use in your case.

There are 29 separate events classified as “never events” by the National Quality Forum, and one of those events is an air embolism. Never events refer to patient safety incidents that result in serious patient harm or death that are entirely preventable and thus should never happen.

An air embolism is a blood vessel blockage caused by one or more bubbles of air or other gas in the circulatory system. When an air bubble enters a vein, it is called a venous air embolism. When an air bubble enters an artery, it is called an arterial air embolism. These air bubbles can travel to your brain, heart, or lungs and cause heart attack, stroke, or respiratory failure. While air embolisms are rare, they can be deadly.

Intubation Errors in Syracuse

Published on: May 30, 2018 | By DeFrancisco & Falgiatano

Intubation is an important procedure that saves countless lives by providing an airway for patients to breathe. If you or someone close to you suffered an injury due to an intubation error, you need to reach out to a skilled Syracuse medical malpractice attorney who can help. At DeFrancisco & Falgiatano Personal Injury Lawyers, we are committing to getting patients the compensation they need to deal with their injuries.

Intubation involves inserting a long tube down the patient’s trachea (airway) that is connected to a ventilator. The ventilator acts as the “lungs” for the patient during many surgical or other medical procedures. While the procedure is relatively common, it is also fraught with potential complications. One study found that errors take place in 22 percent of intubation attempts, with a frequency of up to 40 percent in selected ambulance systems. These findings indicate frequent mistakes associated with this life-saving technique. Intubation errors can occur in a number of ways, including but not limited to:

Improper placement of the tube into the esophagus;

Coma Injuries Caused by Malpractice in New York

Published on: May 23, 2018 | By DeFrancisco & Falgiatano

If your loved one’s coma was caused by medical negligence, or your loved one did not receive appropriate care after lapsing into a coma, you need to speak to a diligent Syracuse medical malpractice attorney without delay. At DeFrancisco & Falgiatano Personal Injury Lawyers, we understand how to navigate complex medical malpractice claims. We can help you understand all of your legal options, including the pros and cons associated with each of them.

A coma is a condition in which a patient cannot be awakened and does not respond to pain, light, or sound in a normal way. In other words, a coma is defined as a deep and, many times, prolonged unconsciousness. A person in a coma does not respond to external stimuli (i.e., a light in his or her eyes or a prick on the hand) and does not make any voluntary actions. In some instances, coma patients may make sounds or movements or even speak. However, these actions are typically not voluntary. Comas typically do not last longer than several weeks. If a coma lasts longer, it may lead to a persistent vegetative state or brain death.

A variety of medical errors could result in a coma, including but not limited to:

Failing to Diagnose Skin Cancer Can Be Devastating

Published on: April 30, 2018 | By DeFrancisco & Falgiatano

Skin cancer can be a devastating diagnosis if it is not caught early. If you or a loved one has been injured or lost their life due to what you suspect may have been a failure to diagnose skin cancer, you may be able to recover compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, our Syracuse medical malpractice attorneys are committed to using our experience and background to get patients a fair outcome in their cases.

Skin cancer can be melanoma or non-melanoma. Non-melanoma skin cancer can either be basal cell carcinoma or squamous cell carcinoma. In most cases, skin cancer occurs on areas of the skin that have been exposed to the sun. Unfortunately, skin cancer is more common than you may think. In fact, it is the most common form of cancer diagnosed in the United States. Each year, approximately one million men and women are diagnosed with skin cancer. Nearly 60,000 of those cases will be melanoma, which accounts for a disproportionate number of skin cancer deaths.

An early and accurate diagnosis is critical in skin cancer treatment. Moles, marks, and birthmarks that change in size should be treated with suspicion and seen by a physician. A diagnosis of skin cancer is made by taking a biopsy of the skin lesion and testing it to see if cancer cells are present. The American Cancer Society has published data highlighting that a patient with a small localized cancerous lesion has a five-year survival rate of 98 percent. As these lesions grow, however, and a malignant melanoma metastasizes, the chances of survival significantly decrease. By the time a cancer has spread to a person’s bones or organs, the survival rate is only 15 percent.

Hematologist Malpractice in Syracuse and Throughout New York

Published on: April 23, 2018 | By DeFrancisco & Falgiatano

Dealing with a medical injury can be daunting. If you or a loved one has suffered harm due to a hematologist’s negligence, you should consult a seasoned Syracuse hematologist malpractice attorney. At DeFrancisco & Falgiatano Personal Injury Lawyers, we are committed to pursuing the justice and compensation you need to move on with your life.

A hematologist is a doctor who specializes in the study of blood, blood-forming organs, and blood diseases. Generally, a hematologist treats patients with blood disorders, such as types of hemophilia, leukemia, lymphoma, and sickle cell anemia. Since blood runs through every organ and tissue in the body, hematology touches all fields of medicine. There are currently approximately 12,000 hematologists practicing throughout the United States.

While medical malpractice cases against hematologists are rare, they do happen. In one Michigan case, an anemic (i.e., iron deficient) woman sued her hematologist when he continued to prescribe her iron supplements and iron infusions, even though her iron deficiency no longer existed. As a result, the woman received more than three times the normal amount of iron supplements her condition required, leaving her with excessive iron deposits in her liver, spleen, and bone marrow. The only way to remove the excess iron was regular blood removal until the iron levels returned to normal. In such a case, had the hematologist monitored the iron levels throughout the woman’s treatment, the excess iron would not have been administered.

Ear, Nose, and Throat Doctor Malpractice in New York

Published on: April 11, 2018 | By DeFrancisco & Falgiatano

An otolaryngologist specializes in the ears, nose, and throat and is often known as an ENT. If you believe that you or someone close to you has been injured due to the negligence of an ENT, you need to reach out to the experienced Syracuse ENT malpractice attorneys at DeFrancisco & Falgiatano Personal Injury Lawyers. With years of experience, we know how to navigate these complex cases.

ENT doctors assess, diagnose, treat, and manage diseases, abnormalities, and other health problems affecting the ears, nose, and throat, as well as the head, neck, mouth, sinuses, and larynx (voice box). Surgeries are typically performed to improve a patient’s quality of life. For example, septoplasty (nose surgery) may be performed to help a patient breathe better. The majority of ENT procedures are relatively straightforward, posing little risk to the patient. However, ENT errors do happen and can significantly affect a patient’s health. Common examples of conduct that may give rise to an ENT malpractice case include but are not limited to:

Failure to order the appropriate tests, such as an MRI or CT scan;