Syracuse Medical Malpractice and Personal Injury Lawyer Blog

Wrongful Birth Cases in Syracuse

Published on: May 2, 2018 | By DeFrancisco & Falgiatano

Wrongful birth actions can be extremely emotional and legally challenging. If you believe you have a wrongful birth case, you need to contact a seasoned Syracuse birth injury attorney who can investigate your situation. At DeFrancisco & Falgiatano Personal Injury Lawyers, our team is dedicated to protecting your rights at every step of the way. With years of experience, we know how to navigate these claims in a compassionate and diligent manner.

A wrongful birth case is an actionable tort in New York. This claim may arise if you have a child born with a birth defect that could have been detected early in the pregnancy, or that was a condition for which you should have been tested and of which you should have been informed before conception. Put another way, in a wrongful birth claim, parents claim that they would have avoided conception or terminated a pregnancy but for a medical professional’s negligence in prenatal testing, genetic prognosticating, or counseling on the chances of giving birth to a child with a birth defect.

Physicians are expected to provide competent care in both prenatal testing and during pregnancy. There are a number of circumstances that can lead to a wrongful birth. Types of diseases or conditions that are detectible include but are not limited to:

Failing to Diagnose Skin Cancer Can Be Devastating

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

Skin cancer can be a devastating diagnosis if it is not caught early. If you or a loved one has been injured or lost their life due to what you suspect may have been a failure to diagnose skin cancer, you may be able to recover compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, our Syracuse medical malpractice attorneys are committed to using our experience and background to get patients a fair outcome in their cases.

Skin cancer can be melanoma or non-melanoma. Non-melanoma skin cancer can either be basal cell carcinoma or squamous cell carcinoma. In most cases, skin cancer occurs on areas of the skin that have been exposed to the sun. Unfortunately, skin cancer is more common than you may think. In fact, it is the most common form of cancer diagnosed in the United States. Each year, approximately one million men and women are diagnosed with skin cancer. Nearly 60,000 of those cases will be melanoma, which accounts for a disproportionate number of skin cancer deaths.

An early and accurate diagnosis is critical in skin cancer treatment. Moles, marks, and birthmarks that change in size should be treated with suspicion and seen by a physician. A diagnosis of skin cancer is made by taking a biopsy of the skin lesion and testing it to see if cancer cells are present. The American Cancer Society has published data highlighting that a patient with a small localized cancerous lesion has a five-year survival rate of 98 percent. As these lesions grow, however, and a malignant melanoma metastasizes, the chances of survival significantly decrease. By the time a cancer has spread to a person’s bones or organs, the survival rate is only 15 percent.

Hematologist Malpractice in Syracuse and Throughout New York

Published on: April 23, 2018 | By DeFrancisco & Falgiatano

Dealing with a medical injury can be daunting. If you or a loved one has suffered harm due to a hematologist’s negligence, you should consult a seasoned Syracuse hematologist malpractice attorney. At DeFrancisco & Falgiatano Personal Injury Lawyers, we are committed to pursuing the justice and compensation you need to move on with your life.

A hematologist is a doctor who specializes in the study of blood, blood-forming organs, and blood diseases. Generally, a hematologist treats patients with blood disorders, such as types of hemophilia, leukemia, lymphoma, and sickle cell anemia. Since blood runs through every organ and tissue in the body, hematology touches all fields of medicine. There are currently approximately 12,000 hematologists practicing throughout the United States.

While medical malpractice cases against hematologists are rare, they do happen. In one Michigan case, an anemic (i.e., iron deficient) woman sued her hematologist when he continued to prescribe her iron supplements and iron infusions, even though her iron deficiency no longer existed. As a result, the woman received more than three times the normal amount of iron supplements her condition required, leaving her with excessive iron deposits in her liver, spleen, and bone marrow. The only way to remove the excess iron was regular blood removal until the iron levels returned to normal. In such a case, had the hematologist monitored the iron levels throughout the woman’s treatment, the excess iron would not have been administered.

Failure to Diagnose Pancreatic Cancer in New York

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

If you or someone close to you has been a victim of a pancreatic cancer misdiagnosis or a missed diagnosis entirely, you may be entitled to compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, our experienced Syracuse cancer misdiagnosis attorneys are committed to holding negligent medical professionals accountable for the harm that they cause. We can provide support to you and aggressively advocate for your rights at every step of the way.

Pancreatic cancer begins in the cells of the pancreas, an organ located in your abdomen that lies horizontally behind the lower part of the stomach. Pancreatic cancer generally spreads to other nearby organs quite quickly. According to the American Cancer Society (ACS), pancreatic cancer accounts for approximately three percent of all cancer cases in the United States and about seven percent of all cancer deaths. ACS estimates that about 55,440 people will be diagnosed with pancreatic cancer in 2018, and about 44,330 people will die of the disease.

In pancreatic cancer cases, the timely recognition of early warning signs can be the difference between life and death. It is vital for doctors to order appropriate tests and to read these tests properly. Doctors are trained to recognize certain signs and risk factors for pancreatic cancer, including but not limited to smoking, being overweight or obese, age (over 45), family history of the disease, diabetes, chronic pancreatitis, cirrhosis of the liver, or stomach conditions.

Ear, Nose, and Throat Doctor Malpractice in New York

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

An otolaryngologist specializes in the ears, nose, and throat and is often known as an ENT. If you believe that you or someone close to you has been injured due to the negligence of an ENT, you need to reach out to the experienced Syracuse ENT malpractice attorneys at DeFrancisco & Falgiatano Personal Injury Lawyers. With years of experience, we know how to navigate these complex cases.

ENT doctors assess, diagnose, treat, and manage diseases, abnormalities, and other health problems affecting the ears, nose, and throat, as well as the head, neck, mouth, sinuses, and larynx (voice box). Surgeries are typically performed to improve a patient’s quality of life. For example, septoplasty (nose surgery) may be performed to help a patient breathe better. The majority of ENT procedures are relatively straightforward, posing little risk to the patient. However, ENT errors do happen and can significantly affect a patient’s health. Common examples of conduct that may give rise to an ENT malpractice case include but are not limited to:

Failure to order the appropriate tests, such as an MRI or CT scan;

Podiatry Malpractice in Syracuse

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

Improper treatment of seemingly simple foot problems can have devastating, even life-altering consequences for a patient. If you believe that you or your loved one has been injured due to podiatry malpractice, we can help. At DeFrancisco & Falgiatano Personal Injury Lawyers, our Syracuse medical malpractice lawyers have years of experience resolving complex medical malpractice claims and can put our knowledge to use in your case. You can rest assured that we will make every effort to get you full and fair compensation for your harm.

Podiatrists are foot doctors who specialize in providing treatment for the feet. Their services can range from remedying an ingrown toenail to complex surgery on the bones. Podiatrists are trained and licensed to perform a relatively narrow set of procedures. As a result, proper treatment of a foot issue often requires the involvement of other medical specialists, such as neurologists, orthopedists, and other physicians. It is important to note that these medical professionals are not allowed to perform orthopedic surgery or treat patients who develop serious infections as a result of podiatric treatment.

When podiatrists fail to follow professional standards of care, they may be liable for medical malpractice. Common examples of podiatrist malpractice include but are not limited to:

Appendicitis Malpractice in Syracuse and New York

Published on: March 29, 2018 | By DeFrancisco & Falgiatano

A failure to diagnose appendicitis can result in a serious injury or even death to a patient. If you believe your doctor misdiagnosed your symptoms or failed to diagnose appendicitis in a timely manner, you may be entitled to compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, our Syracuse medical malpractice attorneys have helped many New York clients resolve their personal injury claims, and we can help you as well. You can rest assured that we are committed to holding negligent medical professionals accountable for the harm that they cause.

Appendicitis is an inflammation of the appendix and causes pain in your lower abdomen. In most people, the pain begins in the navel and then moves. As the inflammation worsens, the pain increases. While anyone can develop appendicitis, it is most common in people between the ages of 10 and 30. Standard treatment for the condition is the surgical removal of the appendix to avoid the danger of rupture. A ruptured appendix can result in the leaking of infection-causing organisms into the abdominal cavity, which can lead to serious health complications and even death. Appendicitis may be misdiagnosed for any of the following reasons:

Improper physical examination;

Malpractice Resulting from Failure to Communicate in Syracuse

Published on: March 22, 2018 | By DeFrancisco & Falgiatano

A simple communication error can have devastating consequences for a patient’s health. If you or someone close to you has been injured due to a physician’s communication error, you need to speak to a skilled Syracuse medical malpractice attorney who can evaluate the facts of your case. At DeFrancisco & Falgiatano Personal Injury Lawyers, we understand how to represent victims who have been harmed by medical malpractice. Time is of the essence in these cases, so it is important to act quickly if you suspect malpractice could have played a role in your harm.

Sadly, medical mistakes are the third-leading cause of preventable injuries and death in the United States, after heart disease and cancer. One mistake that is all too common is the failure of health care professionals to properly communicate with either each other or the patient. This often happens when multiple doctors are involved in a patient’s care. What happens is a doctor will hand a patient off to the next doctor when their shift ends, the nurses who administer care also change shifts, and sometimes clinical information about the patient does not get communicated from the departing medical professional to the new one.

An estimated 80 percent of serious medical mistakes involve some form of miscommunication. In fact, communication failures in health care settings can be linked to 1,744 deaths in five years, according to Malpractice Risks in Communication Failures. The study also found that medical errors could be reduced by about 30 percent if communication improved between medical professionals and patients. Communication errors can include but are not limited to:

Allergic Reaction Malpractice in Syracuse

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

If you believe you or someone close to you has been injured due to medical malpractice involving a drug allergy, you may be able to take legal action against the at-fault party. At DeFrancisco & Falgiatano Personal Injury Lawyers, our hard-working and diligent Syracuse medical malpractice attorneys are committed to pursuing the compensation you deserve for your harm.

A drug or medication allergy takes place when the immune system reacts to a medication. Drug allergies can result from virtually any type of drug, from over the counter medications to prescriptions. Patients given medications to which they are allergic can suffer a variety of consequences, including but not limited to rash or hives, itching, swelling, diarrhea, respiratory problems, dizziness, light headedness, and even loss of consciousness. In some cases, allergies can be life-threatening because they can send the patient into anaphylaxis, which is an acute allergic reaction that sends the body into shock. Anaphylaxis can take place within seconds or moments of being exposed to the drug to which the individual is allergic.

Patients who see a doctor for a medical condition expect competent care. Medical professionals have a duty to adhere to a standard of care when treating patients. The standard of care refers to the level of care and caution that a reasonably prudent medical professional in the same specialty would have used under the same or similar circumstances. When a medical professional causes injuries or death by failing to adhere to the standard of care, that medical professional will likely be liable for malpractice. For example, if a doctor administers a drug to a patient, to which the patient is known to be allergic (i.e., it is listed in the patient’s chart), the doctor will likely be liable for malpractice if the drug ends up causing injuries to the patient. This is because a doctor using the appropriate level of care would not miss an allergy clearly listed on a patient’s chart.

Cataract Surgery Malpractice in Syracuse

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

While cataract surgery is very common, it is not risk-free. If you have experienced complications after cataract surgery, you may be entitled to compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, our seasoned Syracuse medical malpractice attorneys can examine the specifics of your injury and determine whether malpractice occurred. You can rest assured that we can fight to protect your rights at every step of the way.

A cataract is a clouding of the lens of the eye that adversely affects a person’s vision. Typically, cataracts affect older people. In fact, by the age of 80, more than half of all Americans have had a surgery to correct a cataract in either one eye or both eyes. While a cataract can happen in both eyes, it is not contagious.

Cataract surgery is one of the most common surgical procedures performed in the country. According to the American Society of Cataract and Refractive Surgery, approximately 3 million people in the United States receive cataract surgery annually. Cataract surgery is a procedure to remove the lens of your eye, in most cases replacing it with an artificial lens. An ophthalmologist performs cataract surgery on an outpatient basis. While the procedure has an extremely high success rate, there are always risks associated with any surgical procedure, and cataract surgery is no exception. Risks associated with cataract surgery include the following: