Medical Malpractice

New York Court Affirms Verdict in Favor of Plaintiff for Injuries Caused by Method of Delivery During Birth

Published on: January 15, 2019 | By DeFrancisco & Falgiatano

To successfully prove medical malpractice under New York law, an injured party must show that his or her medical provider deviated from the accepted standard of care, and the deviation was the cause of any harm alleged. In almost all medical malpractice cases, the opinion of one or more experts is needed to show the standard of care, whether there was any deviation from the standard, and whether the deviation was the cause of the injured party’s harm. In cases where both the injured party and medical provider introduce expert testimony supporting their position, it is up to the jury to assess which evidence is more compelling.

As recently illustrated in a case decided by the Appellate Division of the Supreme Court of New York, a court will not overturn the jury’s findings absent clear evidence to the contrary. If you or a loved one was injured due to insufficient medical care, you should consult a skilled Rochester medical malpractice attorney to discuss whether you may be able to recover compensation from the negligent providers.

Procedural Background

Reportedly, the infant plaintiff’s mother, on behalf of the plaintiff and herself, instituted a case against the defendant obstetrician alleging that negligent care provided during the infant plaintiff’s birth caused brain injuries and permanent neurocognitive damage. Specifically, it was alleged that the defendant obstetrician improperly used a vacuum extraction method to deliver the infant plaintiff. Following a trial, a jury found in favor of the plaintiffs. The defendant appealed, arguing the verdict was against the weight of the evidence. On appeal, the court affirmed.

New York Court Explains Shifting Burden of Proof in Medical Malpractice Cases

Published on: January 3, 2019 | By DeFrancisco & Falgiatano

In the New York courts, a plaintiff seeking the recovery of damages in a medical malpractice case must set forth certain evidence regarding the treating medical provider’s inappropriate care, or his or her claim will be dismissed. If the plaintiff meets this burden, the burden then shifts to the treating provider to show the care was appropriate.

As recently illustrated in a case decided by the appellate division of the Supreme Court of New York, plaintiffs pursuing medical malpractice actions will be permitted to proceed on their claim unless the defendant medical providers can irrefutably show no breach of the standard of care. If you sustained harm due to inadequate or negligent medical care, you should meet with an experienced Rochester medical malpractice attorney to review the facts of your case and whether you may be able to recover compensation from the medical provider that caused your impairment.

Facts Regarding the Plaintiff’s Treatment

Reportedly, the plaintiff gave birth in August 2012 at the defendant hospital. Forceps were used by the first physician during the delivery. Following the delivery, the first physician left the delivery room. The plaintiff then underwent an episiotomy repair that was performed by a second physician. The plaintiff subsequently filed an action against both physicians and the hospital for medical malpractice related to complications arising from the episiotomy and its repair. At the close of discovery, the first physician filed a motion to have the claims against him dismissed. The court denied the motion, after which the first physician appealed.

Stem Cell Therapy Malpractice in Rochester, New York

Published on: December 31, 2018 | By DeFrancisco & Falgiatano

Stem cell therapy is becoming more and more popular both in New York and across the country, but it can often put patients at risk. If you have been injured due to stem cell therapy, you need to contact our hard-working and reputable Rochester medical malpractice attorneys who can assess the merits of your case. At DeFrancisco & Falgiatano Personal Injury Lawyers, we are committed to investigating the circumstances surrounding your injury and determining your legal rights and options accordingly.

Stem Cell Therapy

Stem cells are notable for their ability to regenerate or to become any cell. For this reason, there has been great confidence and enthusiasm surrounding stem cells as a form of medicine to treat various ailments. However, much of the treatment’s application remains unproven and many medical facilities are keen to monetize the trend, even if the efficacy of treatment is questionable, or unsafe. Many times, doctors do not warn patients about potential dangers associated with treatment or inform them that the treatment is actually not FDA approved.

Court of Appeals Reverses Because Expert Opinion did not Sufficiently Establish Causation

Published on: December 26, 2018 | By DeFrancisco & Falgiatano

Medical malpractice cases can be extremely complicated and overwhelming. If you believe that you or a loved one has suffered harm because of a medical professional’s negligence, you might be able to recover compensation through a medical malpractice claim. At DeFrancisco & Falgiatano Personal Injury Lawyers, our highly skilled Rochester medical malpractice attorneys will vigorously pursue meritorious claims and hold careless medical professionals responsible for their conduct.

The 1^st District Court of Appeals in Texas recently remanded a medical malpractice lawsuit back to a lower court because it was found that the medical expert opinion did not meet statutory requirements. In 2015, a man hurt his shoulder in a motorcycle wreck and had a procedure to correct the injury. A few days later, the patient went to the doctor complaining about severe pain and swelling and was diagnosed with an infection. The doctor performed a few more procedures. The patient later sued the doctor for malpractice. The defendant doctor claimed that the plaintiff’s lawsuit did not demonstrate how the breach of the standard of care was the direct cause of the patient’s injury, thus the lawsuit should be dismissed. The court agreed and remanded the case.

Patient Safety at New York Hospitals Needs Improvement

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

If you or a loved one has been injured by a medical professional’s negligence, you should immediately seek the help of a skilled Rochester medical malpractice attorney who can help. At DeFrancisco & Falgiatano Personal Injury Lawyers, we have the knowledge and resources to build a strong case on your behalf. We understand that dealing with a medical injury can be incredibly stressful but you can trust that we will zealously advocate for your rights every step of the way.

A recent study published by the Institute of Medicine reviewed 535 hospitals in a few large states at two specific times between the years of 2005 and 2016 to figure out the degree to which work environments had gotten better and whether positive variations were linked with increased progress in patient safety. Results showed that only 21 percent of the hospitals studied showed in excess of 10 percent improvement in work environment scores, while 7 percent had poorer scores. Furthermore, about 40 percent of the nurses surveyed indicated that important information was often lost during shift changes because things fell between the cracks. At hospitals where the work environment improved, patient safety improved as well. Given these findings, it is vital for patients to protect themselves.

Rochester, New York Endometriosis Malpractice Attorneys

Published on: November 20, 2018 | By DeFrancisco & Falgiatano

Endometriosis should be promptly diagnosed and treated in order to prevent long-term harm. If you or a loved one suffered an injury or a worsening of condition due to a misdiagnosis of endometriosis, you may have the right to recover payment for your harm. Our trusted Rochester medical misdiagnosis attorneys will review the specifics surrounding your injury to see if you have a valid malpractice claim.

Endometriosis

Endometriosis is a gynecological disease where the normal endometrial lining of the uterus travels up the fallopian tube and ends up outside the uterus, where it implants and starts to grow. The endometrial tissue can grow into the ovaries, bowel or other tissue that lines the female pelvis. Put another way, endometriosis is a disorder in which tissue that typically lines the inside of the uterus grows outside of the uterus. According to the Mayo Clinic, endometriosis affects more than 200,000 women every year.

Failing to Diagnose Endometriosis

The condition is extremely painful for women and often gets misdiagnosed in women as menstrual pain and cramping. While the symptoms are similar, they happen on a more intense scale. The cramps, bleeding and pelvic pain is far more severe than menstrual pain. While people may consider endometriosis a minor condition, the reality is it can have devastating and long-term consequences for a woman’s health if it is not diagnosed and treated in a timely manner.

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.