Syracuse Medical Malpractice and Personal Injury Lawyer Blog

Court Examines the Statute of Limitations in New York Medical Malpractice Cases

Published on: September 29, 2023 | By DeFrancisco & Falgiatano

The law affords people harmed by the incompetence of their doctors the right to seek compensation in medical malpractice claims. Pursuant to New York law, though, they must do so within a certain time frame; otherwise, they will waive their right to recover damages. In a recent New York case, the court explained what the statute of limitations requires for medical malpractice claims. If you were harmed by incompetent medical care and you want to learn more about your rights, it is smart to consult a Syracuse medical malpractice attorney.

Case History

It is reported that in June 2021, the plaintiff filed a lawsuit against the defendant, alleging claims of medical malpractice and wrongful death. The complaint alleged that the decedent had been a patient at the hospital in 2015 and 2016 and passed away on June 23, 2018. The defendant moved to dismiss the complaint, asserting that it was time-barred. In support of its motion, the hospital presented unchallenged evidence indicating that the plaintiff’s family member was last admitted to the hospital in December 2017. The trial court granted the defendant’s motion, and the plaintiff appealed.

The Statute of Limitations in New York Medical Malpractice Cases

On appeal, the court affirmed the trial court ruling. In doing so, it explained that in cases where the statute of limitations is at issue, the defendant must first establish, prima facie, that the time for commencing the action has expired. If this burden is met, it then shifts to the plaintiff to raise a question of fact regarding whether the statute of limitations was tolled or otherwise inapplicable or if the action was genuinely initiated within the applicable limitations period. Continue Reading ›

New York Court Discusses Medical Malpractice Cases with Disputed Facts

Published on: September 4, 2023 | By DeFrancisco & Falgiatano

In medical malpractice cases, the parties will often disagree regarding the circumstances surrounding the plaintiff’s harm. Factual disputes typically must be resolved via trial. In other words, if a party asks the court to grant judgment in their favor as a matter of law based on a disputed fact, it is likely that their request will be denied, as shown in a recent New York ruling. If you or someone you love suffered losses due to inadequate medical care, you may be able to recover damages in a medical malpractice lawsuit, and you should speak to a Syracuse medical malpractice attorney.

Factual and Procedural History of the Case

It is reported that the decedent called 911 due to suspected stroke symptoms and was transported to the defendant hospital. During the ambulance ride, EMS providers noted a worsening of his symptoms and issued a stroke alert to the defendant hospital. Upon arrival at the hospital, the decedent underwent a CT scan and was assessed by the defendant emergency room physician and the defendant neurologist. Both doctors found that his symptoms did not warrant the administration of a medication used to dissolve clots.

Allegedly, the decedent’s condition deteriorated, and he was eventually admitted to the hospital. Tragically, he was found unresponsive early the next morning and was diagnosed with a pontine stroke, leading to locked-in syndrome. Brennan passed away three years later. The plaintiff filed a lawsuit against the defendant asserting medical malpractice and wrongful death claims, arguing that the defendant’s failure to administer the drug to dissolve clots led to the decedent’s death. The defendants moved for summary judgment, which the court granted. The plaintiff appealed. Continue Reading ›

New York Court Discusses Motions in Limine in Medical Malpractice Cases

Published on: August 11, 2023 | By DeFrancisco & Falgiatano

Healthcare providers accused of committing malpractice are typically reluctant to admit liability. In medical malpractice cases in which it is clear that the plaintiff suffered harm due to inadequate medical care, the defendant may attempt to shift blame to a third party to avoid liability. Whether a defendant should be permitted to offer evidence of third-party negligence at trial is typically within the discretion of the trial court, as discussed in a recent New York ruling. If you were harmed by a negligent healthcare provider, it is wise to meet with a trusted Syracuse medical malpractice attorney to determine what claims you might be able to pursue.

The Plaintiff’s Claims and Defendants’ Affirmative Defenses

It is reported that the plaintiff underwent treatment at hospitals owned by the defendants. The plaintiff alleged that the defendant’s employee’s negligence in diagnosing and treating his spinal infection caused him to become a quadriplegic. Prior to trial, the plaintiff filed motions in limine asking the court to preclude the defendants from presenting certain evidence relating to the negligence of non-parties and to strike supplemental bills of particulars submitted by the defendants, which supported their affirmative defenses that third parties caused or contributed to the plaintiff’s harm. The court granted the plaintiff’s motions, and the defendants appealed.

Appealability of Motions in Limine

On appeal, the court agreed with the defendants that the pretrial orders in question were appealable as of right. The court explained that while orders ruling on motions in limine are generally not immediately appealable, there is a distinction between orders limiting the admissibility of evidence and those limiting legal theories of liability or trial scope, which are appealable. Here, the subject limited the theories of liability, preventing defendants from presenting evidence or arguments based on CPLR article 16 defenses related to nonparty providers’ negligence, making them appealable. Continue Reading ›

New York Ruling Shows the Impact of a Party’s Death in a Medical Malpractice Case

Published on: August 5, 2023 | By DeFrancisco & Falgiatano

Under New York law, not only can a person harmed by an incompetent healthcare provider seek compensation in a medical malpractice lawsuit, but their spouse can pursue claims against the provider as well. If either party dies before the matter is resolved, however, the surviving party must move to substitute an appropriate representative. If they fail to do so, their right to recover damages on behalf of the deceased party may be lost, as shown in a recent ruling issued by a New York court. If you suffered injuries due to the carelessness of your physician, you might be owed compensation, and it is wise to speak to a Syracuse medical malpractice attorney about your options.

Background of the Case

It is reported that in 2014 the plaintiff, along with her husband, initiated a malpractice lawsuit against several defendants. The first and second causes of action, medical malpractice and lack of informed consent, were asserted by the plaintiff, while the third cause of action was a derivative claim asserted by the husband. In May 2016, the husband passed away. In January 2018, the plaintiff became the administrator of the husband’s estate. In January 2020, two of the defendants moved to dismiss the complaint against them under CPLR 1021. The trial court granted both motions, and the plaintiff appealed.

The Impact of a Party’s Death on a Medical Malpractice Case

On appeal, the court affirmed the trial court’s ruling as to the derivative claim but reversed as to the plaintiff’s claims. The court explained that CPLR 1021 provides that if the need for substitution arises before a final judgment and the substitution is not carried out within a reasonable timeframe, the claims asserted by the party for whom substitution should have occurred can be dismissed. Continue Reading ›

Pedestrian Texting – Hazardous Activity?

Published on: June 28, 2023 | By DeFrancisco & Falgiatano

Walk down any street in any city, big or small, and you’ll see people walking across the street, into crosswalks, onto roadways, through parking lots with moving traffic, and along sidewalks, never looking up from their cell phones as they text or email. Worse, there have been numerous YouTube videos of people walking into telephone poles, falling into lakes, falling onto train tracks, tripping on uneven areas of the sidewalk or into holes, colliding with other pedestrians on the sidewalk, or, in one heavily viewed video, a woman walks into the wall of a fountain in a mall, falling directly into the water while passersby look on. It may seem funny at first to see someone walking into a pole or wall when looking down at their screens. But some accidents are anything but humorous.

Everywhere you go, you’ll see people on their phones. They’re talking. They’re texting. They’re listening to music and playing video games. What they’re not doing is paying attention. And that lack of attention can turn any one of them into one of the pedestrians who are killed or injured each year. If you or a loved one has sustained an injury as a pedestrian due to no fault of their own, our knowledgeable team of accident attorneys is here to help. At DeFrancisco & Falgiatano, our highly experienced personal injury attorneys may be able to help you recover the compensation you deserve. We help clients throughout Upstate New York, with offices in multiple convenient locations. Our extensive experience in the medical malpractice field is reflected in the results we have achieved for our clients.

Almost every adult in the United States uses a cell phone on a daily basis. While walking, most of us are guilty of checking emails, sending texts, or browsing social media. While doing two things at once can save time, using your phone while walking is riskier than you may realize. In fact, according to a recent study, texting while walking is riskier than listening to music or talking on the phone. Pedestrians who are constantly connected and unable to put down their phones are more likely to be involved in a car accident.

Why You Should Get A Second Medical Opinion

Published on: June 21, 2023 | By DeFrancisco & Falgiatano

Did you know you are not required to accept the first medical diagnosis you receive? You shouldn’t. According to one study, only 12% of second-opinion patients left with confirmation that the original diagnosis was correct. This means that nearly 90% of patients have a new or improved diagnosis. Call our office today if you or someone you care about has been injured as a result of a healthcare provider’s misdiagnosis. Our highly experienced medical malpractice attorneys at DeFrancisco & Falgiatano may be able to assist you in obtaining the compensation you deserve. We serve clients throughout Upstate New York and have offices in several convenient locations. Our extensive experience in the field of medical malpractice is reflected in the results we have obtained for our clients.

It’s a common misconception that doctors know everything there is to know about all diseases and can treat anyone who walks into their office. Even the best doctors would find it impossible to be experts in the treatment and care of every disease. As a result, seeking a second opinion is the most practical way to locate a doctor who can provide an alternative viewpoint on your diagnosis and treatment.

When making major life decisions, such as purchasing a new home or selecting a college, we weigh several options, compare risks and benefits, and conduct extensive research before making a final decision. It’s no different when it comes to choosing a doctor.

Benign Paroxysmal Positional Vertigo

Published on: June 16, 2023 | By DeFrancisco & Falgiatano

Benign paroxysmal positional vertigo (BPPV) is caused by a complication in your inner ear. Small calcium stones exist in your inner ear canals to aid in balance. When these stones are displaced due to head trauma, you may experience severe dizziness or vertigo. The precise cause of this displacement is not always known. Vertigo is a spinning, whirling, or turning sensation. Those suffering from vertigo frequently experience the sensation that the room is moving or spinning, and they may lose their balance and have difficulty standing or walking. Changes in head position are the most common cause of BPPV. The severity of the disorder varies; some people only experience mild symptoms, while others may experience more severe, even debilitating symptoms. Non-invasive methods such as canalith repositioning maneuvers can easily and effectively treat the majority of affected individuals. However, BPPV can reoccur even after successful treatment. BBPV is difficult to treat because symptoms come and go, with some episodes lasting less than a minuteBenign paroxysmal positional vertigo can sometimes resolve on its own. If not, you may require professional medical attention to alleviate your symptoms. To protect your health and your injury claim, always see a doctor after an accident to diagnose your vertigo.

Because more calcium can become dislodged, recurrences are possible. The treatment maneuvers return the calcium particles to the main vestibule, where they originated, and vertigo goes away. It is not uncommon to experience mild to severe BPPV following a car accident. If you or someone you love was injured in a car accident caused by someone else’s negligence and you now suffer from BPPV, you may be entitled to compensation for medical expenses and other losses. Consult with one of our experienced personal injury lawyers at DeFrancisco & Falgiatano to see if a fair settlement is possible. We help clients throughout Upstate New York, with offices in multiple convenient locations. Our extensive experience in the personal injury field is reflected in the results we have achieved for our clients.

Since the late 1800s, BPPV has been recognized as a clinical entity. The term “benign” refers to a disorder that does not progress and is not considered serious. Despite its benign label, BPPV can disrupt a person’s daily activities and negatively impact their quality of life. The symptoms can be extremely upsetting. Ordinary movements such as turning on one’s side, lying down, looking up, stooping, or bending over can frequently trigger an episode. When people get out of bed and try to walk, they may fall out of bed or lose their balance. They may fall if they tilt their heads back or forward while walking, risking injury. Vertigo can make a person feel ill, causing nausea and vomiting. While vertigo is the hallmark of BPPV, many people with the condition also experience mild unsteadiness in between attacks of positional vertigo.

Failure to Diagnose Mononucleosis (Epstein-Barr Virus)

Published on: June 15, 2023 | By DeFrancisco & Falgiatano

Mononucleosis (mono) is also known as the kissing disease and the Epstein-Barr virus. It is spread through saliva. You can get it from kissing, but you can also get it from sharing a glass or food utensils with someone who has it. Mononucleosis, on the other hand, is not as contagious as some infections, such as the common cold. If you’re a teen or young adult, you’re more likely to get mononucleosis with all of the symptoms. Young children typically have few symptoms, and the infection is frequently undiagnosed.

This viral infection can cause symptoms all over the body, such as drowsiness, aching muscles, an irritated throat, and general fatigue. Other clinical manifestations have included a skin rash, decreased appetite, and fever. Most cases of mononucleosis resolve within a few weeks of diagnosis. This illness, however, can occasionally result in serious medical complications such as a ruptured spleen, meningitis, and death. It is critical that physicians correctly identify the symptoms of mono and treat the illness in its early stages.

Early and accurate diagnosis is the foundation of effective medical treatment, and it is critical to saving lives. The importance of the diagnostic process cannot be overstated, and failure to diagnose a condition on time or correctly can result in preventable death or serious injury to patients. DeFrancisco & Falgiatano’s experienced medical malpractice attorneys have obtained significant jury verdicts and settlements for clients who have suffered needlessly as a result of a failure to identify an otherwise treatable medical condition. We serve clients throughout Upstate New York and have offices in several convenient locations. Our extensive experience in the field of medical malpractice is reflected in the results we have obtained for our clients.

Boarding Patients in Emergency Room Hallways Can Increase the Risk of Medical Errors

Published on: June 9, 2023 | By DeFrancisco & Falgiatano

Crowding in emergency departments (EDs) across the country and around the world has had an impact on care quality. There have been documented increases in patient mortality, medication errors, pain, length of hospital stay, and other negative effects. When an ED is overcrowded, all licensed beds may be occupied, and overflow patients are frequently treated in hallways. In such cases, emergency physicians (EP) are forced to provide care to patients with inadequate nursing support and a lack of privacy, which precludes a thorough history and physical examination. Placing new patients in the waiting room until a licensed ED bed becomes available introduces an additional risk because there is no way to directly observe or monitor patients. Some hospital administrators insist on providing care in the hallways but fail to provide the logistical support required to do so. By emphasizing metrics such as the number of patients seen per hour, some ED staffing groups indirectly force physicians to see patients in unlicensed areas. Patient care in ED hallways is fraught with delays and difficulties in initiating laboratory testing, providing medication, supervising intravenous lines, recording vital signs, monitoring cardiac activity, or responding to new patient symptoms, regardless of the cause. The problem is exacerbated when a physician must simultaneously care for an excess of patients in the hallway and in official ED beds, and extra physicians are frequently unavailable to share the burden. In addition to the risk of poor patient outcomes, physicians are at risk.

In most emergency rooms across the country, patients must wait for several hours before being evaluated, treated, and admitted to the hospital. Far too often, patients end up “boarding” in emergency room hallways while waiting for a hospital bed to become available. According to the Centers for Disease Control and Prevention, two-thirds of American hospitals boarded patients in the ED for more than two hours while waiting for an inpatient bed, affecting approximately 1 in every 5 patients. If you were injured because of medical malpractice or lost a loved one as a result of a preventable medical error, call our office today. Allow an experienced medical malpractice attorney to fight for your rights. At DeFrancisco & Falgiatano, our highly experienced medical malpractice attorneys may be able to help you collect the compensation you deserve. We help clients throughout Upstate New York, with offices in multiple convenient locations. Our extensive experience in the medical malpractice field is reflected in the results we have achieved for our clients.

Boarding has been identified as one of the most serious consequences of ED overcrowding by the American College of Emergency Physicians. Aside from the frustration of seeing a loved one waiting for care in a hallway, patients who are left in the hallways can become confused and disoriented, which are symptoms of delirium.

Corneal Transplant Malpractice

Published on: June 2, 2023 | By DeFrancisco & Falgiatano

Every waking minute, we use our eyes. They make us aware of our surroundings and provide us with the information we require to remain safe. As a result, one of the most important things we value in our daily lives is our vision. We cannot fully connect to the world around us, work, or even enjoy life to the fullest without proper vision. To say the least, losing one’s vision can be devastating and life-changing.

While some types of vision loss are the result of traumatic accidents or unavoidable illnesses, other cases of vision impairment and blindness are the result of medical malpractice. Although ophthalmologists are doctors who specialize in treating eye problems, they occasionally make mistakes when providing vision care, which can endanger their patients’ eyes. Unfortunately, the doctors that patients entrust with their eye health can also cause them harm. If you or a loved one suffers from partial or complete blindness or any other type of vision impairment as a result of improper or negligent medical care, you may be entitled to compensation under New York State law. Our highly experienced medical malpractice attorneys at DeFrancisco & Falgiatano may be able to assist you in obtaining the compensation you deserve. We serve clients throughout Upstate New York and have offices in several convenient locations. Our extensive experience in the field of medical malpractice is reflected in the results we have obtained for our clients.

The cornea is the front part of the eye; it is a transparent layer that covers the rest of the eye and is essential for the eye to focus. A damaged cornea is one of the most common causes of blindness after glaucoma, age-related macular degeneration, and cataracts.