Syracuse Medical Malpractice and Personal Injury Lawyer Blog

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.

New York Woman Wins Malpractice Suit for Failure to Diagnose Glaucoma

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

Glaucoma is a disease in which the optic nerve is damaged. It is a progressive disease, which means timely diagnosis and treatment is imperative to correcting or improving the condition. If you suffered serious vision problems as a result of a medical provider’s carelessness, you may have a right to compensation. Our reputable medical malpractice advocates in Syracuse can examine your incident and decide whether a medical professional’s incompetence or error was a factor in your injury.

A New York woman who went blind after physicians misdiagnosed her glaucoma has won a multi-million dollar award against the hospital. The woman was seven months pregnant and just 20 years old when she went to the medical center complaining of blurred vision and pressure around her eyes during prenatal check ups. According to the lawsuit, doctors never diagnosed her with glaucoma even though she visited the hospital six times indicating the same symptoms every time. Two months later, the woman could not even see her newborn son when the doctor placed him on her chest. Several weeks later, she was officially diagnosed with glaucoma. By the time she had surgery for the condition one month later, it was too late and she was left 90 percent blind. After just a few hours of deliberation, the jury awarded her $15 million in damages.

New York Medical Malpractice Claims

Medical malpractice can be the cause of glaucoma related vision loss if the doctor failed to recognize the signs and symptoms of a patient’s glaucoma, or if the doctor failed to treat the condition properly. Failing to diagnose or misdiagnosing glaucoma can be the fault of primary care doctors, internists, optometrists or an ophthalmologist. Doctors are required to provide patients with a certain standard of care. The standard of care is typically the level of care and caution that a medical professional in the same specialty would have used under the same or similar circumstances. In order to obtain compensation for a diagnostic error related to glaucoma, you will need to prove that the mistake made by doctor was the direct and proximate of the injury.

Shorter Wait Times Associated with Better Physician Reviews

Published on: November 21, 2018 | By DeFrancisco & Falgiatano

If you suspect that you or someone you love has been the victim of medical negligence by an ophthalmologist, you can potentially recover financial damages for your injuries. Our trusted Syracuse ophthalmologist negligence attorneys will review your case and create a legal strategy accordingly. We know that your time is valuable, which is why we try to resolve every case in an efficient manner.

The Study

People nowadays turn to online reviews before making a decision in many aspects of their lives, and choosing a doctor is no exception. There are a number of websites that permit patients to post reviews of their doctors. In a new study released by the University of Texas Health Science Center at San Antonio and Texas Tech University Health Sciences Center at Lubbock, researchers set out to examine how ophthalmologists are rated in online reviews and what factors led to higher ratings.

According to the data, 25 – 85 percent of doctors have an online profile on patient review website pages and 90 percent of those doctors have at least one rating. The study collected reviews about ophthalmologists, examining a total of 84,288 online reviews of 7,372 ophthalmologist profiles. Data shows that doctors who included a photo, biography and academic affiliation had higher ratings. In addition, shorter wait times and no history of malpractice also led to higher ratings.

Physical Therapy Malpractice in Syracuse

Published on: November 15, 2018 | By DeFrancisco & Falgiatano

If you have been injured by a physical therapist’s negligence, you might be wondering what your legal options are. Since physical therapists are considered medical professionals, a physical therapist’s error, misconduct or carelessness could give rise to a medical malpractice claim. Our knowledgeable Syracuse physical therapist negligence attorneys will diligently analyze the circumstances of your injury so we can provide you with an honest opinion regarding your legal options.

The Role of Physical Therapists

Physical therapists are licensed healthcare professionals who help people regain strength and movement that may be impaired due to a condition or injury. Specifically, physical therapists use exercises and special treatments to help people move their bodies. These professionals also help with pain management. A patient may seek the help of a physical therapist at a rehabilitation center, hospital, nursing home or even at one own’s home. Injuries may take place during a physical therapy session for a number of reasons, including:

Dropping patients during an exercise;
Leaving patients unattended on equipment;
Failure to monitor patients during an exercise;
Using broken equipment;
Sexual assault;
Overextending joints;
Failing to inform patients of risks associated with a particular treatment;
Failing to listen to patients’ complaints of pain.

Medical Malpractice Related to Sleep Apnea in Syracuse

Published on: November 8, 2018 | By DeFrancisco & Falgiatano

It is estimated that 20 million Americans experience sleep apnea. If you have experienced an injury related to sleep apnea misdiagnosis or substandard treatment, you might be able to recover compensation for your injury. Our Syracuse medical malpractice lawyers will investigate your claim with compassion and assist you get the answers you deserve. These cases are very tricky but having skill legal counsel on your side can make a big difference in your case.

What is Sleep Apnea?

Sleep apnea is defined as a possibly severe sleep condition in which the breathing recurrently stops and starts. It falls under two categories:

Obstructive sleep apnea: this is the most common type and takes place when the throat muscles relax.
Central sleep apnea: this takes place because the brain fails to send the right signs to the muscles that control an individual’s breathing.