Articles Posted in Medical 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.

Losing weight is hard. Many people yo-yo diet for decades, ending up heavier than when they began. Many people suffering from obesity have turned to bariatric surgery to lose weight, including procedures such as gastric bypass, gastric sleeve, and lap band surgeries. These bariatric procedures have many risks involved and should be performed only on people who are significantly overweight and who have exhausted other weight loss options.  Gastric bypass is an umbrella term that describes several different types of surgeries. All of them share a basic similarity. The surgeon staples or reroutes the stomach so that a person loses weight. Often, the surgery causes a person to feel full much faster than they otherwise would. The surgery also causes food to bypass parts of the small intestines so that it is not absorbed. This malabsorption reduces the number of calories a person consumes.

Hundreds of thousands of Americans each year undergo gastric bypass surgery, either performed laparoscopically or through a large incision in the abdomen. This surgery carries risks, like all surgery. They also present the possibility of significant complications such as gastritis, bowel obstruction, hemorrhage, bleeding, anastomotic ulcers, anastomotic strictures, and hernia. All surgeries also present a risk of bacterial contamination, which may result in a severe and immediate infection.  Some surgeons neglect patients after the operation and fail to note complications.  Preventable gastric bypass surgery errors have led to disastrous, even permanently life-altering consequences.

Tragically, many of those who turn to bariatric procedures such as gastric bypass surgery suffer severe medical setbacks or lose their lives due to medical negligence. In either case, victims and their families can suffer financial, physical, and emotional challenges, with medical bills mounting and complications worsening. To account for these extensive losses and damages, injured patients and/or their families may file bariatric surgery lawsuits to seek fair compensation for their injuries.  Patients who have been catastrophically injured because of preventable gastric bypass errors may be entitled to pursue compensation for injuries or complications that result from medical negligence. If you believe you have been injured because of preventable gastric bypass errors, contact the medical malpractice attorneys at DeFrancisco & Falgiatano for a review of your case.  We help clients throughout the Upstate New York area 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.

Bacterial meningitis is a rare but potentially fatal disease. Several types of bacteria can cause an upper respiratory tract infection and then travel through the bloodstream to the brain. The disease can also occur when certain bacteria invade the meninges directly. Bacterial meningitis can cause stroke, hearing loss, and permanent brain damage.  Bacterial meningitis causes inflammation around the membranes of the brain and spinal cord due to a bacterial infection. This inflammation leads to increased intracranial pressure and can cause a catastrophic brain injury or death if the patient does not quickly receive proper medical treatment.  However, most people recover from bacterial meningitis if it is diagnosed and treated quickly.  If you were harmed by bacterial meningitis and you suspect the harm was caused by medical malpractice, you should consult the experienced personal injury and medical malpractice attorneys at DeFrancisco & Falgiatano.  We help clients throughout the Upstate New York area 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.

Some forms of bacterial meningitis are contagious and can be spread through contact with saliva,

nasal discharge, feces, and respiratory and throat secretions.  These are often spread through kissing, coughing, sharing drinking glasses or eating utensils, or such personal items as toothbrushes, lipstick, or cigarettes.  Outbreaks of bacterial meningitis can occur in living situations where you are in close contact with others. People sharing a household, at a daycare center, or in a classroom with an infected person can become infected. College students living in dormitories, in particular, college freshmen, have a higher risk of contracting meningococcal meningitis than college students overall. Children who have not been given routine vaccines are at increased risk of developing certain types of bacterial meningitis.

Medical malpractice cases are typically a battle between the party’s experts. As such, if the court prohibits a plaintiff’s expert from testifying, it can greatly impair their ability to establish liability. In some instances, though, a plaintiff may be able to successfully argue that their expert was improperly precluded from testifying, as shown in a recent opinion delivered in a New York medical malpractice case. If you suffered harm due to inadequate medical care, you might be owed compensation, and it is smart to meet with a Syracuse medical malpractice attorney as soon as possible.

Factual and Procedural History

It is reported that the plaintiff underwent a hysterectomy that was performed by the defendant. Following the surgery, she developed necrotizing fasciitis. She subsequently filed a lawsuit against the defendant, arguing that his negligent post-surgical care constituted medical malpractice. Prior to trial, the defendant moved to preclude the plaintiff’s expert from testifying regarding the cause of her infection. The court granted the motion, and the case proceeded to trial. The jury ultimately found in favor of the defendant, and the plaintiff appealed.

Grounds for Precluding Expert Testimony in Medical Malpractice Cases

On appeal, the plaintiff argued, among other things, that the trial court erred in barring her expert from offering testimony. The court agreed and ultimately reversed the trial court ruling and remanded the matter for further proceedings. In doing so, the court explained that each party must identify the person they intend to call to testify as an expert witness at trial, disclose the subject matter of their testimony, and offer their qualifications. Continue Reading ›