Medical Malpractice

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.

Postpartum Hemorrhage Malpractice in Rochester, New York

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

While every woman expects to lose some blood during childbirth, excessive bleeding or suffering a hemorrhage after the birth of a child can pose serious health risks to the mother. If you suffered from postpartum hemorrhage, our seasoned Rochester medical negligence lawyers can help evaluate your case and determine whether you have a valid legal claim. We know how stressful these situations can be, which is why we will navigate your case with the utmost compassion.

What is Postpartum Hemorrhage?

The average amount of blood loss for a single baby delivered vaginally is approximately 500 milliliters. For cesarean births, the average amount is about 1,000 milliliters. Postpartum hemorrhage is the acute loss of blood after childbirth and it takes place when a woman loses 500ml or greater of blood during vaginal delivery and 1000ml or greater of blood after a C-section. Sadly, every year, a number of women die due to pregnancy-related complications. Postpartum hemorrhage is a leading cause of complications with an estimated 2.9 percent of women who give birth in the US suffering from excessive bleeding,

Postpartum Hemorrhage Malpractice

There are many factors that increase the risk of a postpartum hemorrhage which doctors and other medical professionals involved in the birth are trained to recognize and should be on the lookout for. For example, placental abruption (i.e., the early detachment of the placenta from the uterus) can greatly increase a woman’s likelihood of a postpartum hemorrhage.

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.

No Mandatory Arbitration in New York Medical Malpractice Cases

Published on: September 28, 2018 | By DeFrancisco & Falgiatano

If you or someone close to you has been hurt by a medical professional’s negligence, you may be entitled to compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, our Rochester medical malpractice attorneys have the skill, experience and dedication needed to handle your case.

In New York, medical malpractice takes place when a medical professional fails to comply with the standard of care that is required by law, thereby causing injury or death to a patient. The standard of care refers to the level of care that a medical professional in the same speciality would use under the same or similar circumstances.

New York law does not require mandatory arbitration, mediation or the submission of your claim to a screening panel as a form of alternative dispute resolution (ADR) prior to a medical malpractice case going to trial. Rather, the case can go directly to trial. This is different from a number of states that require an attempt to settle before the matter goes to court in an effort to reduce the volume of cases in court and resolve claims in a timely manner. While New York law does not mandate ADR, if two parties wish to use the process, they have the right to do so under state law.

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.

Assisted Living Facilities Failing to Meet Appropriate Standards of Care in New York and Nationwide

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

Malpractice and other types of negligence in nursing homes and assisted living facilities are serious problems. If you have been injured or a loved one has died while in the case of an assisted living facility, you may be entitled to compensation. At DeFrancisco & Falgiatano Personal Injury Lawyers, our Rochester medical malpractice attorneys have the passion and persistence to take on New York’s toughest malpractice claims.

A recent report highlights how assisted living facilities are struggling to meet staff care standards, resulting in a diminished quality of care for seniors. For instance, the Texas Center for Nursing Workforce Studies documented a 97 percent staff turnover rate for certified nurse aides and an average of 90 percent turnover rate for registered nurses and licensed vocational nurses.

Falls are the second leading cause of accidental injuries and deaths worldwide for the elderly population. In fact, in one 2016 case, a Maryland patient fell three times in a single day and died as a result of coverage gaps in monitoring. In another incident, a Tennessee patient who walked out of the front door of a facility fell in the parking lot and then headed into a wooded area before anyone realized he was missing. Unfortunately, these types of incidents are widespread. With the United States’ population rising, it is imperative to create effective methods for care facilities and caregivers to maintain.

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.

Loss of Chance Doctrine in New York Medical Malpractice Cases

Published on: August 17, 2018 | By DeFrancisco & Falgiatano

When a medical professional fails to adhere to the expected and appropriate standard of care, the patient can suffer serious and even life-long harm. If you or someone close to you has been injured by a medical professional’s negligence, you may be able to recover compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, we can examine the facts of your case and provide you with an honest assessment of your claim. There are strict timelines for these cases, so it is imperative to act as quickly as possible after the malpractice occurs.Many people assume that if there is an adverse health outcome, it is because of medical malpractice. However, this is not always the case. Medical malpractice occurs when a medical professional fails to adhere to the standard of care that another medical professional in the same specialty would have used under the same or similar circumstances. The burden of proof in every Rochester medical malpractice case is on the injured patient, who must establish every element of the claim by a preponderance of the evidence.

New York is among several states that have recognized a patient’s “loss of chance” as a theory of recovery in a medical malpractice claim. This type of medical malpractice case involves a physician failing to make a diagnosis or a situation in which the diagnosis is delayed. In either case, the patient may claim that the physician’s failure to make a timely diagnosis resulted in a loss of chance of survival. Put another way, the “loss of chance” doctrine is a cause of action permitting a plaintiff to recover damages based on the reduced chance that the patient will recover.

The application of the doctrine assumes that the plaintiff suffered from some preexisting condition or disease that the defendant did not cause. The defendant can simply be liable if his or her negligence deprives the patient of the chance of survival or a more favorable outcome. Damages under the doctrine are awarded based on the extent to which a defendant’s conduct reduced the patient’s chances of receiving a better outcome.

Direct Supervision by Attending Does Not Decrease Medical Errors, Study Says

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

Hospital negligence can lead to devastating harm. If you or your loved one has sustained an injury due to a medical professional’s negligence, you may be entitled to compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, in addition to compensation, we are committed to getting clients the justice they deserve in their case. If you believe you have a valid Rochester medical malpractice claim, it is important to act as soon as possible after the incident.According to a new study published in the Journal of the American Medical Association, having attending physicians participate on work rounds does not reduce the rate of medical errors made by medical residents in a large academic hospital. In fact, data show that a larger attending physician presence may negatively affect resident education, since residents often feel intimidated and less empowered to make decisions.

The trial included 22 attending physicians, who provided either increased direct supervision in which they joined work rounds or standard supervision in which they were available but did not join work rounds. Doctors provided both forms of supervision in random order. The analysis included 1,259 patients, with 5,772 patient-days. The research found that medical mistake rates did not substantially differ between standard and increased supervision.

Wrongful Birth Cases in New York

Published on: August 7, 2018 | By DeFrancisco & Falgiatano

The birth of a child should be a happy occasion. However, when the baby is born with a serious birth defect or genetic disorder, it can be extremely overwhelming for the parents. At DeFrancisco & Falgiatano Personal Injury Lawyers, our Rochester medical malpractice attorneys understand that your love for your child has no bounds, but you also do not want your child to go through a life of hardship. If you feel that you were not given a full disclosure about your child’s detectable health condition during pregnancy, you may be entitled to compensation for your harm.A wrongful birth claim, also known as a wrongful life claim, is a type of medical malpractice claim that is made when a child is born with a birth defect, and the parents allege that the child would not have been born had it not been for the negligent advice or treatment of a medical professional. In essence, the parents often argue that if they had known that the child would be born with this condition or disorder, they would have chosen to terminate the pregnancy.

To establish such a claim, the plaintiffs must demonstrate that but for the medical professional’s breach of their duty to advise the plaintiffs, the plaintiffs would not have been required to assume the extraordinary obligations associated with raising the child because they would have had the opportunity to terminate the pregnancy. For example, certain types of defects, such as Tay-Sachs disease, sickle cell anemia, and Down’s syndrome, can be detected early in pregnancy and are examples of medical conditions that have been at the center of wrongful birth cases.