Articles Posted in Medical Malpractice

Crowding in emergency departments (EDs) across the country and around the world has had an impact on care quality. There have been documented increases in patient mortality, medication errors, pain, length of hospital stay, and other negative effects. When an ED is overcrowded, all licensed beds may be occupied, and overflow patients are frequently treated in hallways. In such cases, emergency physicians (EP) are forced to provide care to patients with inadequate nursing support and a lack of privacy, which precludes a thorough history and physical examination. Placing new patients in the waiting room until a licensed ED bed becomes available introduces an additional risk because there is no way to directly observe or monitor patients. Some hospital administrators insist on providing care in the hallways but fail to provide the logistical support required to do so. By emphasizing metrics such as the number of patients seen per hour, some ED staffing groups indirectly force physicians to see patients in unlicensed areas. Patient care in ED hallways is fraught with delays and difficulties in initiating laboratory testing, providing medication, supervising intravenous lines, recording vital signs, monitoring cardiac activity, or responding to new patient symptoms, regardless of the cause. The problem is exacerbated when a physician must simultaneously care for an excess of patients in the hallway and in official ED beds, and extra physicians are frequently unavailable to share the burden. In addition to the risk of poor patient outcomes, physicians are at risk.

In most emergency rooms across the country, patients must wait for several hours before being evaluated, treated, and admitted to the hospital. Far too often, patients end up “boarding” in emergency room hallways while waiting for a hospital bed to become available. According to the Centers for Disease Control and Prevention, two-thirds of American hospitals boarded patients in the ED for more than two hours while waiting for an inpatient bed, affecting approximately 1 in every 5 patients.  If you were injured because of medical malpractice or lost a loved one as a result of a preventable medical error, call our office today. Allow an experienced medical malpractice attorney to fight for your rights. At DeFrancisco & Falgiatano, our highly experienced medical malpractice attorneys may be able to help you collect the compensation you deserve.  We help clients throughout Upstate New York, with offices in multiple convenient locations. Our extensive experience in the medical malpractice field is reflected in the results we have achieved for our clients.

Boarding has been identified as one of the most serious consequences of ED overcrowding by the American College of Emergency Physicians.  Aside from the frustration of seeing a loved one waiting for care in a hallway, patients who are left in the hallways can become confused and disoriented, which are symptoms of delirium.

Every waking minute, we use our eyes. They make us aware of our surroundings and provide us with the information we require to remain safe. As a result, one of the most important things we value in our daily lives is our vision. We cannot fully connect to the world around us, work, or even enjoy life to the fullest without proper vision. To say the least, losing one’s vision can be devastating and life-changing.

While some types of vision loss are the result of traumatic accidents or unavoidable illnesses, other cases of vision impairment and blindness are the result of medical malpractice. Although ophthalmologists are doctors who specialize in treating eye problems, they occasionally make mistakes when providing vision care, which can endanger their patients’ eyes. Unfortunately, the doctors that patients entrust with their eye health can also cause them harm. If you or a loved one suffers from partial or complete blindness or any other type of vision impairment as a result of improper or negligent medical care, you may be entitled to compensation under New York State law.  Our highly experienced medical malpractice attorneys at DeFrancisco & Falgiatano may be able to assist you in obtaining the compensation you deserve.  We serve clients throughout Upstate New York and have offices in several convenient locations. Our extensive experience in the field of medical malpractice is reflected in the results we have obtained for our clients.

The cornea is the front part of the eye; it is a transparent layer that covers the rest of the eye and is essential for the eye to focus. A damaged cornea is one of the most common causes of blindness after glaucoma, age-related macular degeneration, and cataracts.

Antibiotics are drugs that are used to kill or slow the growth of bacteria and certain fungi. Antibiotics are ineffective in treating viral infections. Antibiotic resistance is defined as a change in bacteria that allows them to grow in the presence of a drug that would normally slow or kill them. These antibiotic-resistant bacteria and fungi become more difficult to treat, increasing morbidity.

According to the Centers for Disease Control and Prevention (CDC), approximately 2 million antibiotic-resistant infections occur in the United States each year. Antibiotic-resistant infections, according to the World Health Organization (WHO), can result in longer hospital stays, higher treatment costs, and more deaths.

Antibiotics are used to kill bacteria that cause illness and disease. They have made significant contributions to human health. Many diseases that used to kill people can now be effectively treated with antibiotics. Some bacteria, however, have developed resistance to commonly used antibiotics. In the presence of an antibiotic, they can survive and even multiply. Most pathogenic bacteria can develop resistance to at least some antibiotics. Multi-resistant organisms (MRO) are bacteria that are resistant to multiple antibiotics.

Ablation is a medical procedure in which doctors use radio-wave frequency to reduce or remove tissue. Although ablation is a common procedure used to treat a variety of medical problems, it is most commonly used to treat heart arrhythmia, which occurs when tissue within the heart is improperly built up, causing a type of short circuit that blocks the electrical signals transmitted by the heart. Tissue buildup is frequently a negative side effect of previous coronary surgery or procedures. Ablation procedures are also commonly used to treat endometrial issues, surface tissues, and liver tumor removal.

Thermal injuries to organs and tissues surrounding the tissues to be removed are examples of medical injuries that can occur as a result of ablation. Ablation therapy is a highly specialized medical field that necessitates extensive training and proficiency. If you or a loved one suffered thermal injuries or other medical issues as a result of ablation treatment, contact our office right away. Our highly experienced medical malpractice attorneys at DeFrancisco & Falgiatano may be able to assist you in obtaining the compensation you deserve.  We serve clients throughout Upstate New York and have offices in several convenient locations. Our extensive experience in the field of medical malpractice is reflected in the results we have obtained for our clients.

A large number of people have heart surgery. However, a small percentage of these people are affected by errors made by the surgeon, doctor, or other members of the medical team. A misdiagnosis or a cut in the wrong place can result in severe injury, disability, or even death for the patient.  If the error was caused by the medical team’s negligence, the patient may be able to sue the medical professional for malpractice.

Cluster headaches are a neurological condition that affects one side of the head and causes excruciating pain, affecting approximately one in every 1,000 people in the United States. Patients may have cluster headache attacks several times per day, with each attack lasting between 15 minutes and 3 hours.  It is not a rare disease; in fact, it is as common as Parkinson’s and multiple sclerosis. Cluster headache, unlike these two well-known neurological disorders, is prone to misdiagnosis and delayed diagnosis because so many doctors are simply unaware of its existence. Males are twice as likely as females to suffer from cluster headaches. Symptoms typically appear between the ages of 20 and 40, with a mean age of onset of 30.

Headaches vary in pain levels, pain type, and frequency, and these details can indicate not only the types of headaches one is experiencing but also any issues a patient may be dealing with as well as the proper treatment plan they require. Some headaches, however, can be difficult to identify. According to a recent study, cluster headaches are frequently misdiagnosed or take much longer to diagnose. Because cluster headache patients are known to develop mental health issues, timely diagnoses and treatments are critical. The study discovered that a patient’s mental health suffered significantly because of a delay in diagnosis and treatment. Participants in the study were more likely to suffer from psychiatric disorders such as depression, anxiety, self-harm, and suicidal thoughts and attempts. Cluster headaches are sometimes referred to as “suicide headaches” due to the suicidal thoughts that patients experience during an attack. Furthermore, a cluster headache misdiagnosis or delayed diagnosis results in unnecessary procedures. This includes extractions of teeth and sinus washouts. Even pain relievers, which are commonly used to treat most types of headaches, are ineffective against cluster headaches. Injections of a drug called triptans and oxygen inhalation treatments are the most effective. Nonetheless, many doctors will not prescribe them. They may prescribe triptans, but only in an ineffective oral form. Finally, it was discovered that general practitioners will disregard a specialist’s advice by prescribing less expensive drugs instead of the injectable or nasal triptans prescribed by the specialist. As a result, mishandling a cluster headache diagnosis could endanger a patient.

Medical errors can occur at any point during the diagnosis and treatment process. As a result, it is critical that patients understand this and what they can do if medical malpractice is suspected. Filing a medical malpractice suit could be a wise decision. It not only holds a negligent medical professional accountable, but it also assists the patient in addressing the harms and losses caused by it.  Call our office if you or someone you care about was misdiagnosed or failed to be diagnosed with cluster headaches by a healthcare provider.  Our highly experienced medical malpractice attorneys at DeFrancisco & Falgiatano may be able to help you collect the compensation you deserve.  We serve clients throughout Upstate New York and have offices in several convenient locations. Our extensive experience in the field of medical malpractice is reflected in the results we have obtained for our clients.

Idiopathic pulmonary fibrosis (IPF) is a serious disease that causes irreversible lung scarring. This scarring makes breathing difficult, and eventually, the lungs are unable to inhale enough oxygen for the body to function properly. In many cases, a doctor is unable to determine the cause of pulmonary fibrosis. When there is no known cause of the disease, the fibrosis (scarring) is referred to as “idiopathic.” IPF causes progressive lung scarring that worsens over time. This is sometimes referred to as worsening fibrosis. Because IPF progresses at different rates, it’s critical to act early.

Over 250,000 Americans suffer from IPF. The prevalence of IPF is increasing, with over 50,000 new cases diagnosed each year. More than half of IPF patients are initially misdiagnosed with other types of cardiovascular or respiratory disease, such as COPD or asthma.  A diagnosis of IPF has serious consequences for the affected individuals, who have a 50% chance of dying within 2-3 years, which is worse than the outcome of many cancers.

A prompt and accurate diagnosis is critical, especially because starting treatment at an early disease stage may have the greatest impact on slowing disease progression.  The high likelihood that those with IPF will undergo a series of incorrect diagnoses may expose them to ineffective treatments. A misdiagnosis could cause the application of potentially effective therapies to be delayed. Early detection of this means patients have a chance of living longer lives.

Testicular cancer is a type of cancer that develops in one or both testicles. It happens when germ cells grow abnormally. Germ cells, like stem cells, can develop in any cell in the body. These cells are normally dormant. When germ cells become cancerous, they multiply and form tumors, which begin to invade normal tissue. If left untreated, testicular cancer can spread quickly and be fatal. Cancerous tumors can grow rapidly if not detected early, with the ability to double in size in just 10 – 30 days.  Testicular cancer is becoming more common and can affect any male, from infancy to old age.  In 2023, an estimated 9,910 people will be diagnosed.  Males between the ages of 15 and 44 have the highest rate of diagnosis. It is estimated that 460 people will die in 2023 because of a lack of awareness and early detection. That’s 460 too many. Testicular cancer can affect men of any race or ethnicity; however, for unknown reasons, Caucasian males are four to five times more likely than other races to develop testicular cancer. Testicular cancer is one of the most treatable types of cancer, usually curable with surgery and, in some cases, radiation therapy or chemotherapy.

Time is of the essence when it comes to cancer diagnosis and treatment. Testicular cancer is no different. If you believe your doctor failed to diagnose testicular cancer, causing you significant harm, you may have a valid medical malpractice claim. Contact DeFrancisco & Falgiatano’s experienced medical malpractice attorneys to learn how we can help you hold this negligent doctor accountable for their actions.  Our highly skilled medical malpractice attorneys may be able to assist you in obtaining the compensation you deserve.  We serve clients throughout Upstate New York and have offices in several convenient locations. Our extensive experience in the field of medical malpractice is reflected in the results we have obtained for our clients.

Testicular cancer, like other types of cancer, is a progressive disease. When a diagnosis is delayed or missed, it can worsen and spread throughout the body, making treatment more difficult.  Testicular cancer can spread to the abdomen, liver, lungs, bones, and brain.

When it comes to the most popular elective medical procedures available today, LASIK eye surgery is at the top of the list. Every year, millions of people choose to get rid of their glasses by having LASIK procedures performed on their eyes, but there is an unfortunate side effect: the number of LASIK malpractice lawsuits filed against surgeons or facilities where the procedure is performed has increased in the years since LASIK was invented. Eye enhancement, vision correction, and LASIK surgery have all become very common procedures in the United States, and while the treatments can be beneficial and successful, the risks of the procedures may not be as well-known or as publicized as they should be. Mistakes in laser eye surgery and LASIK can result in severe vision problems and permanent injury, including vision loss and total blindness.  If you have been harmed as a result of LASIK malpractice in Upstate New York, the attorneys at DeFrancisco & Falgiatano may be able to assist you.  We serve clients throughout Upstate New York and have offices in several convenient locations. Our extensive experience in the field of medical malpractice is reflected in the results we have obtained for our clients.

LASIK, which stands for Laser-Assisted in Situ Keratomileusis, was developed by Greek doctors in 1990. Because it is considered a cosmetic procedure, the procedure, which costs about $4,100 on average, is not covered by most health insurance plans. The procedure entails making a surgical incision in the corneal tissue of the eye and then reshaping the eye with a laser.  Myopia (nearsightedness), hyperopia (farsightedness), and astigmatism are all treated with LASIK procedures. The majority of patients seek the procedure to be free of the inconvenience of glasses or contacts.

Most LASIK-related complications will resolve themselves after a few weeks of recovery time. However, a significant number of patients have reported long-term or even permanent debilitating visual problems such as halos or double vision, development of severe dry eye, bulging eye cornea, under-correction or over-correction, pain, light sensitivity, macular holes, blurry vision, or even blindness. While there is no official complication rate, some LASIK surgeons claim a rate of around 1%, which many believe is far too low. However, serious complications associated with LASIK surgery should make consumers reconsider whether they should proceed with the procedure. As early as 2014, FDA officials reported that nearly half of the subjects who were symptom-free before LASIK reported visual symptoms such as halos, starbursts, glare, and ghosting after LASIK surgery. Almost 30% of patients who had no dry eye symptoms prior to LASIK developed dry eye symptoms after the procedure.

Malpractice suits in the Empire State can take numerous shapes. Lawsuits can be filed against any healthcare provider, including dentists and dental hygienists. First responders including EMTs, paramedics, and ambulance drivers seldom face claims of medical negligence, but they do occur.

Paramedics and emergency medical technicians (EMTs) were likely the initial responders to any medical emergency you’ve ever experienced. First responders play a crucial role in the treatment of patients with life-threatening injuries or illnesses. They need to get to patients quickly and effectively. A patient’s prognosis and the likelihood of making a full recovery from an illness or injury are significantly affected by how well they are cared for by a paramedic.

Medical evaluations and emergency care are provided by paramedics and EMTs, however, they do not have medical degrees and are not doctors. It can be challenging to argue that they should be held accountable when their mistakes result in injury to others, as they are generally shielded from culpability. A victim of first responder negligence may be entitled to compensation in some circumstances and should consult a lawyer about their legal options. The aggressive attorneys at DeFrancisco & Falgiatano in Upstate New York know what it takes to win medical malpractice cases. If you were hurt because of a negligent EMT or paramedic, we will do all in our power to get you the compensation you deserve. We have offices throughout Upstate New York to better serve our injured clients. The success we’ve had for our clients in cases involving medical negligence is a direct reflection of our years of experience in the industry.

Colon cancer is a type of cancer that affects the large intestine (colon), which is located at the bottom of the digestive system. Rectal cancer is cancer of the colon’s last six inches. They are referred to collectively as colorectal cancers. Nearly 150,000 men and women are diagnosed with colorectal cancer in the United States each year. Colorectal cancer, also known as colon cancer, can affect both men and women and is the second most lethal type of cancer in the United States. Colon cancer is treatable with proper screening and diagnosis. It is even preventable in many cases.

Unfortunately, many patients suffer as a result of a doctor’s negligence. Cancer is sometimes diagnosed too late, which can result in a much worse prognosis. If you believe you have been harmed as a result of a failure to diagnose colon cancer, contact the medical malpractice lawyers at DeFrancisco & Falgiatano for a free case evaluation. Our experienced cancer malpractice attorneys may be able to assist patients in seeking accountability and fair compensation for colon cancer misdiagnosis or delayed diagnosis. We have offices in several convenient locations throughout Upstate New York. Our extensive experience in the field of medical malpractice is reflected in the outcomes we have obtained for our clients.

Colon cancer frequently begins as a small, noncancerous group of cells known as polyps. These cells develop within the colon. These polyps can become cancerous over time. Because the polyps are small, they do not cause many symptoms. Most doctors recommend annual cancer screenings to detect and remove polyps before they develop into cancer. The removal of a polyp before it becomes malignant prevents the polyp from developing into colorectal cancer. This is why procedures like colonoscopy can help prevent the development of colorectal cancer. Furthermore, colonoscopy allows colorectal cancer to be detected early before it has spread to other organs or tissue in the body. The difference in outcome is significant. The National Cancer Institute reports five-year survival rates of more than 90% when cancer is detected before it spreads and, tragically, less than 10% when cancer is detected after it has spread.