Failure to Diagnose

Malpractice in New York Caused by Misdiagnosis of Concussions

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

Approximately 2 million people every year suffer from a concussion across the United States. If not properly diagnosed or treated, a concussion can leave a person with permanent brain damage. If this has happened to you or someone you love, you need to reach out to a diligent Rochester misdiagnosis attorney who can be helpful to securing compensation. With extensive experience, we understand how to guide you through complex medical malpractice claims while protecting your rights every step of the way.

Defining a Concussion

A concussion is a mild traumatic brain injury that results in a loss of consciousness and a bruised brain. It typically occurs after a blow to the head but can also happen from having one’s head being violently shaken. Concussions are quite common and they can vary in severity ranging from mild to catastrophic. The symptoms of a concussion may not be immediately apparent but they can include headaches, difficulty concentrating, and impairment of memory, judgment, balance and/or coordination. Sadly, medical professionals sometimes misdiagnose a concussion by assuming it is less serious than it really is or by missing it altogether.

Misdiagnosis or Failure to Diagnose a Concussion

Doctors have an obligation to conduct tests to confirm if a patient is, in fact, suffering from a concussion. If it is discovered that a concussion did occur, the doctor should begin treatment immediately to limit the potential damage. Failure to treat a concussion promptly could lead to long-term cognitive, physical and emotional damage.

Cervical Cancer Misdiagnosis Malpractice in Rochester

Published on: October 24, 2018 | By DeFrancisco & Falgiatano

Unfortunately, cervical cancer is a common diagnosis among women. A doctor’s failure to diagnose or their misdiagnosis of cervical cancer can have catastrophic health effects for a patient. If this has happened to you or your loved one, our Rochester diagnosis error attorneys can help you recover damages for your harm. With years of experience representing victims of medical malpractice, you can rest assured we know how to handle complicated misdiagnosis claims.

Cervical Cancer Statistics

Cervical cancer takes place when abnormal cells on the cervix grow out of control. The cervix is the lower part of the uterus that opens into the vagina. Different strains of the human papillomavirus, a sexually transmitted disease, play a part in causing most cases of cervical cancer. Cervical cancer is one of most common types of cancer among women in the world. In the U.S. alone, there are 13,000 new cases of cervical cancer diagnosed every year, leading to 4,000 deaths, according to the National Cancer Institute.

Herniated Disc Malpractice in Rochester

Published on: October 10, 2018 | By DeFrancisco & Falgiatano

Herniated discs are serious injuries that can significantly alter a person’s quality of life. If you believe that you or a loved one suffered an injury due a medical professional’s negligence in diagnosing or treating a herniated disc, you can potentially make a financial recovery for your injury. Our hard-working Rochester medical malpractice attorneys will work with the necessary medical experts to uncover the true cause of your injury and provide you with a realistic assessment of your claim.

What is a Herniated Disc?

The spine is comprised of a series of connected bones known as vertebrae. A disc consists of an outside layer and gel-like middle that separates part of the vertebrae from one another, acting like a cushion of sorts. A herniated disc, also sometimes known as a slipped disc or a ruptured disc, takes place when the outside layer tears and the gel-like middle trickles into the spinal canal. This can lead to compression of the nerves or spinal cord, causing pain, numbness tingling or weakness in one or more extremities.

Pneumonia Malpractice in Rochester

Published on: October 3, 2018 | By DeFrancisco & Falgiatano

A diagnosis error related to pneumonia can have serious, even deadly consequences for a patient. If a doctor misdiagnosed pneumonia and caused you or a loved one to suffer harm, you might be entitled to compensation for your injury. Claims involving misdiagnosis can be very complex, which is why having a seasoned Rochester medical malpractice attorney on your side can make all the difference in your case.

Pneumonia is Commonly Misdiagnosed

Pneumonia is a medical condition that is typically caused by an infection that results in inflammation in the lungs. It is the second most misdiagnosed condition and can lead to readmission after a previous hospitalization. Pneumonia is often misdiagnosed because the symptoms can be very similar to other conditions such as a common cold, influenza or even an upper respiratory infection. For this reason, physicians often fail to order proper tests. While chest x-rays are the most common method of diagnosis, they can sometimes fail to sufficiently show the presence of pneumonia.

Liability in Pneumonia Malpractice Cases

If a patient is misdiagnosed with pneumonia, the doctor may be overlooking the diagnosis and treatment for the actual condition, which could be much more serious than pneumonia. In other cases, the patient may not be diagnosed with pneumonia when he or she actually has the condition, ultimately leading to worsened infection due to the absence of treatment.

Malpractice Caused by Failure to Diagnose Neck Fracture

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

Broken bones can be highly complex injuries requiring timely diagnosis and treatment. If you or a loved one suffered an injury due to a medical professional’s failure to properly diagnose a neck fracture, you may be entitled to compensation for your harm. While no amount of money can undo the damage, the compensation can help cover the cost of treating your condition and help you pay the bills as you get better. At DeFrancisco & Falgiatano Personal Injury Lawyers, our seasoned Rochester medical malpractice attorneys have handled cases involving neck fractures and understand how to navigate these complex claims.

A missed diagnosis or a wrong diagnosis of a neck fracture can lead to mobility and pain issues for a patient. In addition, failure to diagnose, the neck fracture can lead to further injury, which may require even more expensive and time-consuming treatment. Because the stakes are so high, whenever a neck fracture is a possibility, doctors have a responsibility to investigate the matter diligently using whatever tools are at their disposal, such as X-rays, MRIs and CT scans. In addition, the doctor should perform a physical examination as well as a neurological assessment of reflexes and motor function. Unfortunately, far too many doctors do not handle these cases with the care that they deserve and the patient ends up suffering. Sometimes doctors fail to order appropriate tests or stabilize the spine when it is needed. In other cases, doctors misread or misinterpret the test results, leading to a diagnostic error.

Failure to Diagnose Heart Attack in New York

Published on: August 24, 2018 | By DeFrancisco & Falgiatano

A missed or delayed diagnosis of a heart attack can lead to serious complications, and even death. If you or a loved one has suffered adverse health consequences due to a medical professional’s negligence, you may be entitled to compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, our skilled Rochester medical malpractice attorneys have extensive experience in this area of law and can help you understand your rights. Time is of the essence in these cases, so it is vital to contact an attorney as soon as you suspect malpractice.A heart attack takes place when the blood supply to part of the heart muscle itself is severely reduced or stopped. According to the Centers for Disease Control and Prevention, an individual dies from a heart attack every 40 seconds in the United States. Approximately 20 percent of cardiac incidents are categorized as “silent,” meaning the victim does not even know the heart attack took place, although the body is dealing with the detrimental effects. In addition, about 1.5 million heart attacks take place in the country each year, and studies show that about 11,000 cases are not diagnosed properly, resulting in unnecessary deaths.

Doctors and other medical professionals are trained to recognize the signs of a heart attack. A failure to diagnose a heart attack often involves a failure to properly identify the symptoms or a failure to order tests when those symptoms are present. Many people who experience chest pain or other classic indicators of a heart attack often seek help in the nearest emergency room. Emergency rooms see a high volume of patients in stressful environments, which can often lead to errors, especially when patients are exhibiting atypical symptoms of a heart attack. A delayed or missed diagnosis of a heart attack can lead to serious brain damage, severe physical impairments, and even death.

If a medical professional failed to diagnose a heart attack, the victim can potentially file a medical malpractice claim against the at-fault party. Medical malpractice takes place when there is an act or omission by a physician during the treatment of a patient that deviates from accepted norms of practice in the medical community, thereby causing an injury to the patient. In order to establish malpractice, the plaintiff is required to demonstrate the following elements: i) the medical professional owed the patient a duty of care; ii) the medical professional breached the duty of care owed to the plaintiff by failing to diagnose a heart attack; and iii) the medical professional’s breach was a direct cause of the patient’s harm.

Federal Jury Awards Over $18 Million to HIV Patient in Medical Malpractice Claim

Published on: July 24, 2018 | By DeFrancisco & Falgiatano

Diagnosing HIV is in its early stages is critical to ensure the disease does not progress. If you or a loved one has been injured due to a missed or delayed HIV diagnosis, you may be entitled to compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, we are dedicated to holding medical professionals accountable for their negligent conduct.

Last month, a federal jury in Boston awarded $18.4 million in damages to a man who claimed that two of his former doctors did not test him for HIV, despite risk factors that made him more vulnerable to contracting the disease. S.S., age 48, argued that being gay and previously working as a paramedic made him particularly vulnerable to the disease.

Despite S.S.’s explicit consent to an HIV test in 2007, his treating physicians failed to perform one. Approximately three years later, another physician ordered the test and the results came back positive. By that time, the man’s disease had progressed to AIDs, resulting in him suffering brain damage and ending his career prematurely.

Malpractice Caps Have Led to Doctors Ordering Fewer Invasive Tests

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

Heart attacks are the leading cause of death in the United States. About one in every five deaths take place due to a heart attack. Sadly, many of these deaths occur because a doctor failed to diagnose or treat the condition properly. This is especially true in emergency room settings, where it is extremely busy and medical professionals are juggling many different things at the same time. If you or a loved one has suffered a heart attack due to a medical professional’s negligence, you may be entitled to compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, our seasoned Rochester medical malpractice attorneys understand this area of law and can apply our knowledge to use in your case.

A new study published in the Journal of the American Medical Association found that after malpractice caps were implemented, doctors ordered fewer invasive tests to diagnose heart attacks. A research team from George Washington University highlighted how in nine states that adopted medical malpractice caps, doctors ordered 24 percent fewer angiographies as a first test than doctors in 20 states without such caps. Doctors in states that adopted a damages cap also ordered 21 percent fewer coronary angiographies as a follow up and 23 percent fewer coronary procedures, such as stenting, which some researchers believe is an overused procedure.

Doctors often report to practicing defensive medicine to reduce malpractice risk. In other words, doctors often conduct tests simply to reduce the risk of being sued, rather than because they genuinely believe those tests are necessary. The study is important because it shows that reducing malpractice risk is associated with clinical decisions involving coronary artery disease testing and treatment. While overall testing rates did not change, the kind of tests that doctors ordered did change. In sum, doctors tolerate greater clinical uncertainty in coronary artery disease testing and treatment if they face lower malpractice risks.

Malpractice Involving Asthma Diagnosis or Treatment

Published on: April 13, 2018 | By DeFrancisco & Falgiatano

If you or someone close to you has suffered harm due to malpractice relating to asthma, we can help. At DeFrancisco & Falgiatano Personal Injury Lawyers, our Rochester medical malpractice attorneys understand how to navigate these complex cases. Whether your injury was a result of a misdiagnosis or inadequate treatment, we will make every effort to help you secure the compensation you need to deal with your harm.

According to the Centers for Disease Control and Prevention, there were 18.4 million people with asthma in the United States in 2015. This means that 7.6 percent of all adults and 8.4 percent of all children in the country had the condition. Asthma is a condition in which a person’s airways narrow and swell and produce extra mucus. This can hinder a person’s ability to breathe and trigger coughing, wheezing, and shortness of breath. Shortness of breath can lead to life-threatening asthma attacks. You should know that asthma is a common inflammatory lung disease, and while it cannot be cured, it can be treated.

Unfortunately, asthma misdiagnosis or poor treatment often cause injuries to patients in New York and across the United States. An asthma misdiagnosis can happen in one of two ways: diagnosing a patient with the condition when he or she does not have it, or failing to diagnose a patient with asthma when he or she does have it. The consequences of a misdiagnosis can be very serious. Patients may undergo treatment for a condition they do not have and end up going through unnecessary treatment and needlessly suffering adverse side effects. When asthma is not properly diagnosed, the patient fails to treat the symptoms, and his or her condition could get worse.

New York Appeals Court Rules that Psychiatric Malpractice Claim Cannot be Dismissed Because of Procedural Technicality

Published on: November 28, 2017 | By DeFrancisco & Falgiatano

New York medical malpractice lawsuits are subject to the same civil procedure rules as other litigation in New York courts. These rules guide all phases of the litigation and are comprised of deadlines, requests, and filings made to the court. Sometimes lawsuits are dismissed because of procedural lapses, instead of being dismissed on the merits of the malpractice claim. In one case, the New York Appellate Division, Fourth Department ruled on whether the plaintiff’s lawsuit should have been dismissed pursuant to New York Civil Practice Law and Rules, Rule 3404.

The facts of the case are as follows. A patient was admitted to a Niagara Falls hospital’s psychiatric wing. While under the psychiatrist’s care, the patient leaped from the top of the hospital’s roof and suffered serious injuries. The guardian of the patient filed a psychiatric malpractice lawsuit against the patient’s psychiatrist. The pre-trial litigation phase of discovery commenced, and the plaintiff filed a note of issue. In response, the defendant moved to vacate the note of issue because discovery was incomplete, the defendant alleged. The trial court granted the defendant’s motion and ordered additional discovery.

The plaintiff did not file a new note of issue for another year. Thus, the defendant moved to dismiss the psychiatric malpractice claim pursuant to Rule 3404. This procedural rule allows for the judicial dismissal of inactive cases under certain prescribed situations. The plaintiff opposed the motion, arguing that 3404 did not apply when the note of issue has been vacated. The court denied the defendant’s motion and noted that this very issue was subject to inconsistent rulings at the trial court level.