Syracuse Medical Malpractice and Personal Injury Lawyer Blog

New York Court Overturns Dismissal of Medical Malpractice Case Due to Disputed Facts

Published on: January 29, 2019 | By DeFrancisco & Falgiatano

Medical malpractice cases are typically fact-intensive and whether a plaintiff’s case is successful often depends on an expert’s interpretation of the facts. In cases where the defendant seeks to have a case dismissed, the defendant must show that there is no evidence that it breached the applicable standard of care, or if it did the breach was not the cause of the plaintiff’s harm. In arguing the care provided was not negligent, however, the defendant cannot pick and choose which facts should be considered.

This was recently explained by an appellate court in New York in a case in which the court overturned a ruling dismissing the plaintiff’s claims against the defendant on the grounds that there was a factual dispute as to the care provided. If negligent medical care caused you harm, you should consult an experienced Syracuse medical malpractice attorney to analyze the facts surrounding your treatment and whether you may be able to pursue damages.

The Plaintiff’s Treatment

It is reported that the plaintiff presented to the defendant physician assistant three times over an 11 day period in 2008 with complaints of ear pain, sinus pain, and headaches. The defendant physician assistant diagnosed the plaintiff with an ear infection and sinusitis and prescribed him antibiotics. His symptoms continued to worsen and he visited the emergency department of the defendant hospital twice during the 11 day period, where he allegedly complained of a severe headache and stated he believed he had suffered a stroke.

New York Court Dismisses Medical Malpractice Case Due to Insufficient Evidence

Published on: January 25, 2019 | By DeFrancisco & Falgiatano

To avoid liability in a medical malpractice case in the New York court system, the medical care provider must prove that he or she did not deviate from the accepted standards of care and practice. The plaintiff can refute this claim by producing an expert who will testify that the provider did, in fact, deviate from the accepted standard for care, and the deviation caused the plaintiff’s harm.

If the plaintiff is unable to produce an expert to testify with a reasonable degree of certainty that the provider breached the standard of care, the plaintiff’s case will be dismissed, as shown in a recent case in the New York courts, in which the plaintiff alleged he was injured during a colonoscopy. If you were injured during a standard medical procedure, you should speak with a seasoned Syracuse medical malpractice attorney to analyze whether you may be able to seek damages from the negligent care provider.

Factual Background

It is alleged that the plaintiff underwent a colonoscopy in June 2016. The colonoscopy, which was performed for screening purposes, did not indicate any significant issues. Following the colonoscopy, the plaintiff was observed in the recovery room for several hours. He reported abdominal pain and discomfort, but did not vomit, and was discharged the same day. A few days later, he followed up with his primary care physician, reporting heartburn, nausea, and dyspepsia, and was prescribed an antacid. The following day he went to the emergency room, where he was diagnosed with a perforated colon and underwent a colectomy. The plaintiff subsequently filed a medical malpractice lawsuit against the doctor that performed the colonoscopy, alleging the defendant negligently performed the colonoscopy and failed to diagnose the plaintiff’s perforated colon. The defendant filed a motion for summary judgment, alleging the plaintiff could not prove he deviated from the standard of care.

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.

Medical Malpractice Lawsuits Involving Multiple Myeloma

Published on: December 28, 2018 | By DeFrancisco & Falgiatano

If you or someone close to you suffered from multiple myeloma and you believe that the doctor was negligent in your diagnosis or treatment, you should consider contacting a seasoned Syracuse medical malpractice attorney. At DeFrancisco & Falgiatano Personal Injury Lawyers, we are dedicated to truly understanding what happened in your case so we can guide you appropriately. We know how emotionally draining this process can be, which is why we will handle your case with the utmost compassion. Our goal is to protect your rights and resolve your case in the most fair and timely manner possible.

Multiple Myeloma

Multiple myeloma is a type of cancer that impacts the plasma cells in the blood. Plasma cells assist your body in fighting infections by creating antibodies that identify and attack germs but when a patient has multiple myeloma, the plasma cells inside the bone marrow often produce or perform abnormally. These atypical plasma cells start to divide nonstop and make more abnormal cells to the extent that they crowd out healthy blood cells. The condition is progressive and it is often deadly within three years of the diagnosis.

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.

Malpractice Arising from Lupus Misdiagnosis in Syracuse

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

With a variety of potential symptoms and no definitive testing, lupus is a difficult condition to diagnose. As such, lupus is often mistaken for other illnesses. If you or someone close to you has suffered harm due to a lupus misdiagnosis, you should speak to a seasoned Syracuse medical malpractice attorney who can help determine whether malpractice occurred. Malpractices cases are often difficult and time consuming but we can help you understand your legal rights and options.

What is Lupus?

Lupus, the common term for systemic lupus erythematosus (SLE), is an autoimmune disease that can cause a number of dangerous effects for victims. When a person has the disease, their immune system begins to attack healthy cells and tissues as opposed to protecting them. While 1.5 million Americans suffer from lupus, it is tough to diagnose, as many of the symptoms resemble symptoms that are present in other conditions. In addition, many with the condition present no symptoms for extensive periods of time, only to have the condition flare up in times of stress. When lupus is undiagnosed and untreated, it can lead to cancer, kidney disease, organ damage and can even be fatal.

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.

Singer’s Widow Files Medical Malpractice Claim Against His Doctor

Published on: December 5, 2018 | By DeFrancisco & Falgiatano

Sadly, suicide is a leading cause of death among people under the age of 35 in the United States. Losing a loved one to suicide can be a harrowing experience. Not only are you dealing with the loss of a loved one but also wondering if anything could have been done differently to prevent the suicide. If you lost a loved one to suicide in which you believe medical negligence caused or contributed to the death, you should contact a Syracuse medical malpractice attorney as soon possible. These cases are much more complex than standard malpractice cases but we can help you understand your legal rights and options in the aftermath of such a tragedy.

Chris Cornell, a singer and songwriter, best known as the lead vocalist for the rock bands Soundgarden and Audioslave committed suicide by hanging last year. Now, his widow Vicki is suing Cornell’s doctor for medical malpractice in California. In the complaint, Cornell’s family alleges that the singer was carelessly and recurrently prescribed “dangerous mind-altering controlled substances” that clouded his judgment and led him to partake in unsafe impulsive behavior that he was not able to control. Cornell was allegedly prescribed over 940 doses of the anti-anxiety drug known as Lorazepam from September 2015 to when he died despite being known as an “addiction-prone” individual.