Articles Posted in Medical Malpractice

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 ›

Medical malpractice claims are complex, and in most instances, it is prudent for victims of medical negligence that wish to pursue claims against their healthcare providers to seek the assistance of an attorney. It is not necessary for a plaintiff in a medical malpractice case to be represented by counsel, but the decision to proceed pro se often has negative consequences. This was demonstrated recently in a case in which a New York federal court dismissed the pro se plaintiff’s medical malpractice claims due to lack of subject matter jurisdiction. If you were harmed by a doctor’s failure to comply with the standard of care, you should confer with a Syracuse medical malpractice lawyer about what measures you can take to protect your interests.

Facts of the Case

It is alleged that the plaintiff’s son was born at the defendant hospital and that he suffered an injury at birth. He was then placed in the defendant foster care center, where according to the plaintiff, the abuse continued. As such, the plaintiff filed a lawsuit against the defendants in federal court, asserting claims of negligence and medical malpractice that arose under state law. He subsequently filed a petition to proceed in forma pauperis. The court granted his motion but ultimately dismissed his complaint due to a lack of subject matter jurisdiction.

Medical Malpractice Claims Filed in Federal Court

The court explained that federal courts have jurisdiction over a narrow range of claims. Further, they must independently determine whether they can exercise subject matter jurisdiction over a claim before evaluating its merits. In other words, Congress only granted the federal courts original jurisdiction over matters in which the plaintiff asserts a federal question or where there the case involves citizens of different states, and the amount in controversy and jurisdictional requirements are met.   Continue Reading ›

While it is prudent for people who want to pursue civil claims to seek the assistance of an attorney in most instances, medical malpractice cases are especially complex, and the decision to proceed pro se often negatively impacts a plaintiff’s rights. The ramifications of pursuing medical malpractice claims without an attorney were demonstrated in a recent New York matter in which the court dismissed the plaintiff’s claims. If you were hurt by the negligence of a physician, it is in your best interest to retain a Syracuse medical malpractice lawyer to assist you in protecting your interests.

Procedural History of the Case

It is alleged that the plaintiff was admitted to the defendant hospital and discharged later the same day. He did not indicate the nature of his concerns in his complaint. Four days later, he suffered a medical incident and was taken to the defendant medical center, where he was again discharged the same day. He subsequently fell after his discharge and was readmitted. During his second admission to the medical center, he had a pacemaker implanted. He then filed a medical malpractice lawsuit against the defendants in federal court, seeking $50,000 in compensation. He was not represented by an attorney and requested to proceed in forma pauperis.

Federal Jurisdiction Over Medical Malpractice Claims

While the court granted the plaintiff’s motion to proceed in forma pauperis, it dismissed the plaintiff’s claims without prejudice due to lack of subject matter jurisdiction. The court explained that if it determines at any juncture that it lacks subject matter jurisdiction over a matter, it must dismiss the action. Continue Reading ›

New York law sets forth statutes of limitations for pursuing civil claims. While medical malpractice claims fall under the umbrella of civil claims, they have a shorter statute of limitations. Thus, which limitation applies depends on whether the person that allegedly caused the plaintiff harm committed ordinary negligence or negligence in the context of medical treatment. Recently, a New York court discussed how to determine which limitations period applies in a matter in which the defendant pursued claims against a social worker and psychologist. If you were hurt by the carelessness of a physician, it is smart to talk to a Syracuse medical malpractice attorney about your right to pursue damages.

The Plaintiff’s Harm

It is reported that the plaintiff’s son was diagnosed with schizoaffective disorders and bipolar disorder in 2014. While he periodically suffered psychotic episodes during which he acted violently and destructively and hallucinated, his condition was stabilized with medication and psychiatric care. Following a psychotic episode, he was confined to a state institution. While he was designated as having the most serious category of mental health illnesses, he was not medicated, and his condition declined.

Allegedly, he suffered multiple psychotic episodes during his confinement. He experienced delays in receiving a mental health evaluation or medication and ultimately stabbed the plaintiff. The plaintiff filed a lawsuit against the defendants, the parties responsible for her son’s confinement and care during his confinement. Among other things, she alleged that the parties responsible for his psychiatric care negligently performed their services. The defendants moved to dismiss the plaintiff’s medical malpractice claims as time-barred. Continue Reading ›

In the majority of medical malpractice cases, the plaintiff must offer evidence in the form of an expert opinion to show that the defendant caused their harm. There are some exceptions, though, like when the doctrine of res ipsa loquitor applies. If a plaintiff fails to assert this argument, however, the lack of expert evidence will most likely be fatal to their claim, as shown in a recent ruling issued in a New York medical malpractice case in which the plaintiff asserted he suffered an eye injury during knee surgery. If you were injured by a carelessly performed procedure, it is smart to talk to a Syracuse medical malpractice lawyer about what evidence you need to offer to recover damages.

Procedural History of the Case

It is alleged that the plaintiff underwent arthroscopic surgery on his knee to repair a torn meniscus. The defendant performed the procedure. Shortly after the surgery, the plaintiff began to experience redness and pain in his left eye. He was subsequently diagnosed with a corneal abrasion. He then instituted a medical malpractice lawsuit against the defendant and the hospital where the defendant worked, alleging that the defendant negligently performed the surgery, causing injuries to his knee and eye. The defendant moved for summary judgment on the cause of action relating to the eye injury. The trial court granted the motion, and the plaintiff appealed.