Syracuse Medical Malpractice and Personal Injury Lawyer Blog

New York Woman Dies After Undergoing Buttock-Enhancement Procedure

Published on: September 15, 2017 | By DeFrancisco & Falgiatano

New York law imposes extensive regulatory requirements on medical professionals to help ensure that patients are receiving high-quality care. These safeguards are not always effective to prevent New York medical malpractice, and recent news reports show that doctors are performing unlicensed buttock-enhancement surgery. The silicone injection products are not FDA-approved, and the doctors are not qualified to perform the procedure. The consequences have included deformation, amputation, and even death.A New York woman seeking buttock-enhancement surgery met with a doctor in a local donut shop. The doctor then had the patient wait inside the donut shop until a “nurse” came to meet her and bring her to an apartment for silicone injections. The woman received the silicone injections in her buttocks and hips. She called 911 on the night following the procedure, reporting that she felt dizziness and chest pains. She was rushed to the hospital and slipped into a coma, after which she was later pronounced brain-dead. She was taken off life support a short time later. It’s possible that the injection was made into a blood vein, and as a result, the silicone entered her blood stream, where it passed to her heart and brain.

New York law enforcement searched the apartment where the procedure was performed. They found surgical supplies and drugs used to numb skin. The family of the deceased woman filed a lawsuit against the doctor, and it’s likely that criminal charges will also be brought against the doctor. In fact, an unlicensed Florida doctor was recently sentenced to 10 years in prison following a similarly botched procedure.

Pathology Malpractice Claim in New York Illustrates Importance of Expert Witness Testimony

Published on: September 8, 2017 | By DeFrancisco & Falgiatano

Pathology malpractice occurs when a physician fails to correctly assess a patient’s tissue or fluid sample. The result can delay a diagnosis or lead to the mistreatment of a patient’s medical condition. Often, the determination of whether the pathologist acted negligently turns on very technical details, which is why New York pathology malpractice claims generally require expert testimony to demonstrate the failure of a physician to exercise the requisite standard of care.The plaintiff underwent a colonoscopy, and after the results came back, the plaintiff was referred to a specialist. The specialist recommended a surgical procedure to remove one side of the colon. The plaintiff consented to the surgery after being apprised of the risks, benefits, and alternatives of the proposed surgery. Following surgery, the pathology report found that the cancer was grade III and poorly differentiated with a maximal thickness of 1.2 cm. Later, the plaintiff complained of severe pain. The conditions suggested an anastomotic leak; however, the surgical pathology report noted no perforations. The leak was then repaired with staples and sutures. The plaintiff and her husband brought a lawsuit alleging medical malpractice.

New York medical malpractice summary judgment proceedings require that the defendant(s) use medical records and competent expert witnesses to show that the defendant(s) did not deviate from accepted medical practice in the treatment of the plaintiff or that the injury was not a proximate cause of the plaintiff’s injuries. The expert testimony must be supported by facts and tailored to the claims presented. Conclusory statements are insufficient to establish a claim, particularly at the summary judgment stage of proceedings.

Report Shows History of Medical Malpractice at Syracuse VA Medical Center

Published on: September 5, 2017 | By DeFrancisco & Falgiatano

The United States established the Veterans Health Administration to provide health and medical services to veterans. The program helped establish hospitals, clinics, and medical centers aimed at assisting veterans and is run by the federal government, which means the medical professionals working at the facilities are usually considered federal employees.As with any medical center, physicians perform risky procedures and sometimes make mistakes that injure people and lead to New York medical malpractice claims. Through a Freedom of Information Act request, the Department of Veteran Affairs released information regarding thousands of claims against various VA medical centers for an approximately 20-year period. The report shows that the Syracuse VA Medical Center ended up paying out approximately $2 million in claims.

The claimants were not always permitted to file lawsuits for medical malpractice against VA medical centers. Because of governmental immunity, lawsuits were not permitted until the passage of the Federal Tort Claims Act in 1946. The law waives governmental immunity and gives veterans the right to recover money damages from the federal government for injuries caused by the medical malpractice of federal employees.

New York Court Allows Botched Spinal Surgery Lawsuit to Proceed

Published on: September 1, 2017 | By DeFrancisco & Falgiatano

Invasive surgical procedures necessarily carry with them risks, including a possibility of permanent injury. Although doctors are required to disclose the risks associated with a procedure under the doctrine of informed consent, New York medical malpractice law holds doctors to a certain standard of care when performing surgeries. Whether this standard was breached was at issue in a recent New York court decision after the plaintiff alleged that a botched spinal surgery worsened her condition and resulted in additional surgeries.

The plaintiff came to her doctor with complaints about chronic lower back and leg pain. After taking X-rays, the plaintiff and her doctor discussed possible surgical options. The plaintiff elected to undergo back surgery to repair the bulging disc in her back. The court record showed that there was no indication that there was anything wrong during the surgery; however, a day after the surgery, the plaintiff had a left foot drop. Her doctor recommended that the plaintiff continue with steroids and physical therapy and did not immediately recommend surgery. The plaintiff continued to experience significant pain going down the left leg and decreased sensation in her left foot. The plaintiff returned to her doctor, and after he re-evaluated the plaintiff, he suggested a further spinal procedure, six days after the first was completed.

The plaintiff’s lawsuit alleged that the defendants, which included her doctor and the hospital, (i) failed to obtain informed consent in advance of the surgery or on the day of surgery; and (ii) committed medical malpractice, based upon the performance of the initial surgery and the timing of the second surgery.