Syracuse Medical Malpractice and Personal Injury Lawyer Blog

Pediatric Malpractice in Syracuse

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

When you take your child to the doctor, you expect to receive competent care. If your child sustained an injury due to a pediatrician’s negligence, you might be able to recover compensation for the child’s harm. Our reputable Syracuse medical malpractice attorneys will examine every detail of your case to determine whether malpractice occurred. If we accept your case, you can take comfort in the fact that we will vigorously advocate for your rights every step of the way.

Examples of Pediatric Errors

Pediatrics is the branch of medicine that pertains to the medical care of infants, children and adolescents. Pediatric errors can cause severe damage at an early age and can impact the child’s entire life. Common examples of such errors include, but are not limited to:

Birth injuries;
Failure to diagnose serious infection;
Surgical errors;
Medication errors;
Diagnostic errors; and/or
Emergency room malpractice.

Hospital Sued for Malpractice After Boy Suffers Severe Brain Damage

Published on: October 1, 2018 | By DeFrancisco & Falgiatano

Cerebral palsy is a devastating birth injury that can have lifetime consequences for a child. If your child has been diagnosed with cerebral palsy, you have the right to know if it was the result of medical malpractice. Our reputable Syracuse cerebral palsy attorneys will investigate the circumstances of your injury to determine if malpractice occurred.

A jury recently awarded the family of a boy $130 million in a medical negligence case after he suffered severe brain damage at a Detroit hospital, resulting in cerebral palsy. According to the complaint, technicians at the hospital failed to give chest compressions to the boy when it was required and his brain was deprived of oxygen leading to permanent injury. The boy was just two months old when the injury took place in 2006. He is now 12-years-old and requires a lot of assistance in day-to-day life, including needing help getting in and out of the bathtub. The boy’s mother looks after him full time. The jury made its decision after a three-week civil trial. The hospital plans to appeal.

Suing for Birth Injuries

Damage to the developing brain during or after birth can cause cerebral palsy. Cerebral palsy is a broad medical term used to describe many neurological disorders that affect movement and muscle coordination. While the condition does not worsen over time, it can have a costly and lifelong impact on an individual’s life. Cerebral palsy is often the result of a lack of oxygen to the brain at birth, decreased blood flow to the brain, or trauma and hemorrhage can injure the brain tissue.

Complications Arising from Untreated Jaundice in New York Newborns

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

The birth of a child is supposed to be one of the happiest times in your life, but it can quickly become stressful when something goes wrong. If your doctor failed to diagnose or treat infant jaundice, you may be entitled to compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, our hard-working Syracuse medical malpractice attorneys have the determination, skill and experience to handle your case. We will analyze the circumstances surrounding your child’s injury to determine if there is enough evidence to file a lawsuit.

Jaundice, also referred to as hyperbilirubinemia, is characterized by a yellowish discoloration of the eyes and skin of a newborn infant. This happens because the baby’s blood contains excessive amounts of bilirubin, a pigment that is released when red blood cells are broken down. Under normal circumstances, the liver removes bilirubin from the body, but in some newborn children, the liver is not mature enough to do this properly. When jaundice is not identified and goes untreated, a condition called kernicterus can develop. Kernicterus is a type of brain damage caused by very high levels of bilirubin in the blood.

Six out of every ten children are born with some degree of jaundice that is diagnosed as a relatively minor condition. Most infants recover from jaundice on their own with non-invasive treatments; however, if jaundice is severe or goes untreated then newborns may experience severe health problems such as hearing loss, vision problems, intellectual disabilities and even cerebral palsy.

Physician Assistant Malpractice in Syracuse

Published on: September 18, 2018 | By DeFrancisco & Falgiatano

Physician assistants (PA) play a valuable role in the overall healthcare system by working with physicians to deliver care. If you or someone close to you has been injured due to the negligence of a physician’s assistant, you may be able to recover compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, our reputable Syracuse medical malpractice lawyers can analyze the facts of your case and make sure you understand your legal rights and options.

A Nevada physician assistant who was dubbed a “danger to public health” is in serious trouble. While A.L. is not a doctor, she is facing 18-new counts of alleged disreputable conduct and medical malpractice. These charges are based on A.L.’s conduct from 2012.

A.L. allegedly falsified records, overprescribed dangerous drugs and even used expired and black-market medications. When she lost her medical license, she found new ways to keep practicing. Earlier this month, she pleaded guilty in district court to prescribing controlled substances using the stolen DEA number of her former supervising physician. In addition, A.L. performed medical services on her own that she was not allowed to perform without supervision from a doctor.

New York Court of Appeals Rules Jury Had Ample Evidence to Make Conclusion

Published on: September 11, 2018 | By DeFrancisco & Falgiatano

If you or someone close to you has been injured due to a medical professional’s negligence, you need to consult a seasoned Syracuse medical malpractice attorney right away. At DeFrancisco & Falgiatano Personal Injury Lawyers, we have helped many New York clients obtain a fair outcome in their case and can help you as well.

In Clark v. Loftus, the plaintiff commenced a medical malpractice action as a result of complications after a surgical procedure performed by the defendant doctor. At trial, plaintiff and defendants presented contradictory expert testimony regarding the defendant’s alleged negligence. The Supreme Court of the State of New York provided the jury instructions on the doctrine of res ipsa loquitor. “Res ipsa loquitur” is latin for “the thing that speaks for itself.” When a case is tried under the theory of res ipsa loquitur, the circumstantial evidence in the case is so strong that it eliminates other possible causes of the patient’s injury other than the defendant’s negligence.

The jury returned a verdict in favor of the defendant and the plaintiff moved to set aside the verdict as against the weight of the evidence for a new trial. In other words, the plaintiff sought judgment notwithstanding the verdict. The court granted the plaintiff’s motion, reasoning that the verdict was against the weight of the evidence and directed a new trial on the issue of negligence, including the doctrine of res ipsa loquitur. The appellate court reversed the order and reinstated the verdict.

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.