Syracuse Medical Malpractice and Personal Injury Lawyer Blog

Tonsillectomy Malpractice in Syracuse

Published on: September 7, 2018 | By DeFrancisco & Falgiatano

You may think that a tonsillectomy is a routine procedure with hardly any risks but the reality is that if a surgeon is not careful, the patient can suffer severe injury. If you or someone close to you has suffered harm due to a botched tonsillectomy, you need to reach out to a skilled Syracuse medical malpractice attorney who can help. At DeFrancisco & Falgiatano Personal Injury Lawyers, we will thoroughly investigate your situation to determine the viability of your claim.

Your tonsils are part of your immune system. They are located at the back of your throat and come in three types, all of which work to fight infections. Sometimes, however, tonsils become sore, inflamed and infected. If this happens and persists for a while, your doctor may recommend a procedure to remove tonsils known as a tonsillectomy. In other words, a tonsillectomy is the surgical removal of the tonsils. While this procedure is used to treat tonsillitis, it is also used to treat sleep-disordered breathing. It may also be used to treat rare diseases of the tonsils. Individuals under the age of 15 are most likely to undergo this procedure.

Despite the routine nature of the surgery, there is still the possibility for negligence and error on the part of a medical professional. For instance, since tonsils are located by veins, there is a possibility for complications related to bleeding if the surgeon is not extremely careful. Another way a patient could be injured is if the surgeon fails to remove all of the tonsils and tonsil tissue grows back. Of course, there are numerous examples of the types of mistakes that can be made and you can rest assured we will identify any such errors made in your case.

Failure to Diagnose a Stroke in Syracuse

Published on: September 4, 2018 | By DeFrancisco & Falgiatano

A stroke can be mild or it can be severe with devastating consequences for a patient. Whether a stroke victim is misdiagnosed or sent home from the hospital without treatment, the serious damage that takes place due to the delay in stroke treatment is often irreversible. If you or someone close to you has suffered harm due to a diagnostic issue related to a stroke, we can help. At DeFrancisco & Falgiatano Personal Injury Lawyers, our seasoned Syracuse medical malpractice attorneys understand that a stroke is a common and potentially life-threatening occurrence for patients of all ages. We will analyze the facts of your case and make every effort to get you the compensation you deserve for your harm.

Strokes are the third leading cause of death in the United States, killing approximately 150,000 people and causing severe disability to several hundred thousand more each year. A stroke is defined as the sudden death of brain cells due to a lack of oxygen. Essentially, a stroke takes place when blood flow to the brain is interrupted, resulting in abnormal brain function. It is caused by the blockage or rupture of an artery to the brain. According to the American Stroke Association, quick treatment for a stroke can save lives.

Because symptoms of a stroke can resemble other medical problems (i.e., migraines), misdiagnosis is a common problem. However, that does not mean the doctor is off the hook legally. Failure to diagnose a stroke can take many forms, from failing to identify the stroke as it is happening or overlooking signs of an impending stroke. Consequences of an undiagnosed stroke or misdiagnosed stroke may include brain injury, more severe stroke, paralysis, seizures, loss of motor skills, memory problems, difficulty speaking, pain, behavioral issues and even death.

Medical Malpractice Caused by Failure to Treat High Blood Pressure

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

Untreated hypertension can lead to severe damage of blood vessels and major organs. In the most severe cases, untreated hypertension can lead to death. If you believe you or someone close to you has suffered harm due to a medical professional’s negligence in treating your high blood pressure, you may be entitled to compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, our Syracuse medical malpractice attorneys can evaluate your case and inform you of your legal rights and options.Blood pressure is the force exerted by the blood against the walls of the blood vessels. The pressure depends on the work being done by the heart and the resistance of the blood vessels. High blood pressure, also known as hypertension, is a long-term medical condition in which the blood pressure in the arteries is persistently elevated. According to the American Heart Association, a patient has high blood pressure if he or she has a systolic blood pressure (i.e., the force of blood during heartbeats) reading of 130 mmHg or higher and a diastolic blood pressure (i.e., the force of blood while the heart is resting) reading of 80 mmHg or higher. Normal blood pressure is 120 over 80 mmHg.

Having high blood pressure can put a person at risk for heart disease, which is currently the number one cause of death among Americans. In fact, high blood pressure can lead to severe complications and increases the risk of heart disease, stroke, and even death. Approximately 85 million people in the United States have high blood pressure.

Medical Malpractice Related to COPD in Syracuse

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

If you or someone close to you was not diagnosed with COPD in a timely manner or was misdiagnosed with COPD, you may be entitled to compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, our seasoned Syracuse medical malpractice attorneys understand how daunting it is to deal with a medical injury, which is why we are committed to evaluating your case and helping you understand your legal rights and options.Chronic obstructive pulmonary disease (COPD) is a chronic inflammatory lung disease that causes obstructed airflow from the lungs. It is an umbrella term to describe lung conditions such as emphysema, chronic bronchitis, and refractory asthma. COPD is a progressive incurable disease, but it can be managed with the correct diagnosis and treatment. It is caused by long-term exposure to irritating gases or particulate matter, most often from cigarette smoke. Individuals with COPD are at increased risk of developing heart disease, lung cancer, and a wide range of other conditions.

COPD was once considered an “old man’s disease,” but this is no longer the case. Many younger people, including women, are suffering from the condition compared to patients in the past. It has been estimated that 210 million people around the world suffer from COPD. Of those numbers, nearly 27 million are in the United States. Doctors may suspect COPD when their patients exhibit certain symptoms, such as mucus-producing coughs that will not go away, shortness of breath that worsens after physical activity, or tightness in the chest. To make a COPD diagnosis, a physician will evaluate the patient’s symptoms, medical history, family history, diagnostic test results, and factors such as whether or not the patient smokes.

Research Confirms Fear of Lawsuits Results in Extra Medical Tests

Published on: August 14, 2018 | By DeFrancisco & Falgiatano

Often, medical professionals order unnecessary medical tests in an effort to reduce the chance of being sued for medical malpractice. Sadly, research shows that, many times, these tests do not actually help the patient in any way. If you or your loved one has been injured due to a medical professional’s mistake or error in judgment, you may have a valid malpractice claim. At DeFrancisco & Falgiatano Personal Injury Lawyers, our diligent Syracuse medical malpractice attorneys can evaluate the facts of your case and provide you with an honest assessment of your claim.Researchers from Duke and M.I.T. have discovered that the chance of a lawsuit increased the intensity of health care that patients received in the hospital by approximately 5 percent – and that patients who received such extra care did not actually benefit in any way.

The study examined what happened to the hospital care that military members received when a base closing forced them to use their benefits in regular hospitals where they could sue for malpractice if something went wrong. Spending on their health care increased, especially on extra diagnostic tests. In addition, the study found that even with military hospitals, family members who could sue tended to get more tests than those who could not sue. In essence, physicians change their behavior in response to liability considerations, even though that changed behavior does not result in better patient care.

Surgeons Who Exhibit Bad Behavior More Likely to be Sued for Malpractice

Published on: August 9, 2018 | By DeFrancisco & Falgiatano

When a surgeon makes an error, it can cost a patient his or her life. If you or someone close to you has been hurt by a surgeon’s malpractice, you may be eligible to recover damages for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, our skilled Syracuse medical malpractice attorneys can meticulously evaluate your case and advise you accordingly.A Harvard study found that surgeons who behave badly, such as by yelling, snapping, intimidating, or belittling colleagues, are more likely to face medical malpractice claims. Researchers examined evaluations of surgeon behavior from peers, supervisors, trainers, coworkers, and others with malpractice history for surgeons from four academic medical centers. They used survey data for 264 surgeons from 2012 to 2013 and matched it to malpractice data spanning from 2000 to 2015.

The study found that surgeon behavior was linked to malpractice claims. Surgeons who showed multiple positive behaviors, according to the reviews, had less chance of being hit with malpractice claims, while negative behaviors, on the other hand, were associated with a higher likelihood of malpractice claims. These findings highlight the importance of teamwork and communication in exposure to malpractice.

New Study Finds Notable Trends Regarding Orthopedic Surgery Malpractice

Published on: August 7, 2018 | By DeFrancisco & Falgiatano

Orthopedic surgery involves invasive procedures that require the utmost care and attention from the surgeon. If you have sustained a preventable injury as a result of an orthopedic surgeon’s error or wrongdoing, you may be able to recover compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, our Syracuse medical malpractice attorneys have years of experience representing families harmed by an orthopedic surgeon’s negligence.A recent study published by the U.S. National Library of Medicine National Institutes of Health found that orthopedic surgeons were at significantly greater risk of being sued than other medical specialists. A total of 81 cases from the Westlaw legal database, including state and federal jury verdicts and settlements related to medical malpractice and orthopedic surgery from 2010 to 2016, were analyzed. The study found that juries found in favor of the defendant orthopedic surgeon in most cases – 61.7 percent of cases to be exact.

The study found that the most common reasons for lawsuits were procedural errors, which were at issue in 87.7 percent or 71 cases, and negligence, which was at issue in 71.6 percent or 58 cases. Most litigation involved spine surgery (25.9 percent or 21 cases), knee surgery (21 percent or 17 cases), and hip surgery (11.6 percent or 11 cases). The average payout for a verdict in favor of the plaintiff was over $3 million. The average settlement value was just over $1.5 million. In addition, cases involving male patients and patient death were more likely to lead to verdicts favoring the plaintiff.

Maternal Infection Malpractice in New York

Published on: July 30, 2018 | By DeFrancisco & Falgiatano

The birth of a child is supposed to be a joyous occasion but it can quickly become incredibly stressful if there is a maternal infection threatening the health of a mother or child. At DeFrancisco & Falgiatano Personal Injury Lawyers, our seasoned Syracuse medical malpractice attorneys understand the nuances of this area of law. We will meticulously examine the facts of your case and identify medical errors that may have led to your maternal infection.

One of the most common factors leading to birth injuries or defects is maternal infection. A maternal infection is an infection acquired by the mother who then transmits the infection to the fetus. The infection can be transmitted in one of two ways: through the placenta prior to the birth or through the birth canal during labor and delivery when the baby is exposed to maternal blood. Untreated maternal infection can cause miscarriage and birth defects. Common examples of maternal infections include, but are not limited to:

Tocoplasmosis;
Choriomnionitis;
Urinary tract infections;
Group B streptococcus;
Hepatitis B;
HIV;
Rubella.

Woman Loses Ovaries and Toes Due to IUD

Published on: July 25, 2018 | By DeFrancisco & Falgiatano

Every year, women in New York and throughout the country make choices about the type of birth control they want to use to help with family planning. If you believe that you have been the victim of IUD medical malpractice, you need to reach out to a seasoned Syracuse medical malpractice attorney who can help. At DeFrancisco & Falgiatano Personal Injury Lawyers, we have extensive experience representing victims of medical malpractice throughout New York.

An IUD is a tiny device that is put into a woman’s uterus to prevent pregnancy. Essentially, IUDs prevent pregnancy by changing the way the sperm cells move so they cannot reach an egg. These devices are long-term, reversible and one of the most effective birth control methods available to women.

Three years ago, mother-of-one T.S., consulted with her physician and decided to get an intrauterine device (IUD). She had it in for three years and it never gave her any problems until last November when she felt a sharp pain. She went to the hospital and an x-ray revealed the birth control had shattered into pieces and shifted far up her stomach into her liver.

Radiologist Failure to Detect Cyst Led to Patient Death in New York

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

Radiology is a powerful tool for detecting disease. When a radiologist mistakenly fails to identify and diagnose a condition, the consequences can be deadly. If you or someone you love has been harmed by a radiology error, the seasoned Syracuse medical malpractice attorneys at DeFrancisco & Falgiatano Personal Injury Lawyers can help. We will investigate every aspect of your medical injury and provide you with a realistic assessment of your case.

In a recent Pennsylvania case, a radiologist’s failure to notice a cyst caused a patient’s death. In October of 2014, the decedent, a 66-year-old man went to the emergency room and complained of back pain indicating that his pain was a 10 out of 10. He was given medication and underwent a CT scan of his abdomen and pelvis. A radiologist reviewed the scan and did not find anything noteworthy. The man was discharged with a diagnosis of back pain and told to follow up with his primary care doctor.

Over the next 15 months, the man consulted with his primary care doctor and came back to the emergency room three times complaining of back pain. At each visit, the doctors noted that the CT scan from 2014 was negative and discharged the patient with some medication.