Medical Malpractice

Ultrasound Malpractice in Rochester

Published on: July 29, 2018 | By DeFrancisco & Falgiatano

An ultrasound examination for expecting parents is usually a happy and memorable event. Parents often come away with their first “picture” of their baby, which they can show to family and friends. Unfortunately, when certain issues are missed or misinterpreted on an ultrasound, the results can be devastating. If you believe that you or your baby suffered harm due to an ultrasound error caused by a medical professional’s negligence, you need to consult a reputable Rochester birth injury attorney without delay.

Ultrasound is an imaging method that uses high-frequency sound waves to produce images of structures within your body. The images can provide valuable information for diagnosing and treating a wide range of diseases and conditions. While ultrasounds are used for many reasons, one of the most common reasons is to view the uterus and ovaries during pregnancy and monitor the developing baby’s health. This typically happens during the second trimester of pregnancy, between 18 and 20 weeks as a way to make sure everything is going as it should.

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.

EMT Negligence in Rochester

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

New York medical malpractice cases can take many forms. If you or someone close to you has been injured by an EMT’s carelessness or error, you need to reach out to a Rochester medical malpractice attorney. At DeFrancisco & Falgiatano Personal Injury Lawyers, we are committed to getting our clients the compensation in the form of damages for the injuries you suffered. Proving paramedic or New York EMT malpractice can get complicated and requires a thorough understanding of the law.

Paramedics and emergency medical technicians (EMTs) have a significant impact on how well patients will recover from trauma they have suffered. Since these medical professionals are typically the first to arrive at the scene of the emergency, they have to be prepared to respond quickly and accurately, as well as have the proper equipment to do so. It is also important to remain calm and levelheaded in these high stress situations. Unfortunately, paramedics and EMTs often make medical mistakes that lead to serious patient harm. Examples of such errors include, but are not limited to:

Delayed response by first responders or ambulance;

PTSD and Medical Malpractice in Rochester

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

We often hear about PTSD affecting soldiers or crime victims, but the reality is that it can also affect victims of medical malpractice. In fact, a medical professional’s mistake can cause severe psychological problems for patients. If you or someone close to you has been seriously affected psychologically following a medical mistake, you need to contact an experienced Rochester medical malpractice attorney. At DeFrancisco & Falgiatano Personal Injury Lawyers, we are dedicated to treating you and your family with the compassion you deserve, while advocating for your rights every step of the way.

While medical malpractice can lead to serious physical harm, in some cases malpractice can also cause severe psychological problems such as post-traumatic stress disorder (PTSD). Medical malpractice refers to an act or omission by a physician during treatment of a patient that deviates from accepted norms of practice in the medical community and causes an injury to the patient. For example, when a medical professional’s act or omission causes the patient to wake up during surgery, that patient may develop PTSD.

The Mayo clinic defines PTSD as a mental health condition that is triggered by experiencing or witnessing a terrifying event. PTSD Symptoms generally include nightmares, flashbacks, severe anxiety as well as ongoing intrusive and distressing thoughts about the events. While anyone who goes through a traumatic event will experience some distress and difficulty, they typically improve with time. However, people who have PTSD often feel extremely stressed even though they are no longer in danger. When symptoms continue to get worse over a prolonged period of time and interfere with a person’s ability to complete day-to-day life, that person may have PTSD.

Girl Wins $135M in Medical Malpractice Case

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

Individuals rely on medical professionals to help them to maintain proper health. When doctors make an error in judgment, it is your right to seek compensation. At DeFrancisco & Falgiatano Personal Injury Lawyers, our highly skilled Rochester medical malpractice attorneys will analyze the facts of your case and provide you with an honest assessment of your claim. We understand how devastating medical injuries can be, which is why we will handle your case with the utmost compassion.

A 17-year-old Michigan girl recently won $135 million in a medical malpractice claim against Detroit Medical Center (DMC). F.G., who was ten years old at the time, received improper medical treatment that left her with permanent weakness in her arms and legs and loss of bowel and bladder control.

The facts at trial showed that DMC doctors who had operated on F.G.’s spine for a simple scoliosis surgery disregarded immediate signs and symptoms that showed her spinal cord was being compressed and injured by hardware place in her spine by the physicians. Instead of remedying the compression, the doctor went on holiday twice and left her alone lying paralyzed and incontinent of bowel and bladder for 10 days. At this time, another doctor identified the problem and removed the hardware from the girl’s body. However, it was too late, and the patient was left with partial paralysis of her four extremities and permanent loss of bowel and bladder control.

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.

Nerve Damage Due to Medical Malpractice in Rochester

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

Medical malpractice can result in many different types of injuries, including nerve damage. If you or someone close to you suffered nerve damage due to a doctor’s mistake, you may be entitled to compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, our skilled Rochester medical malpractice attorneys can scrutinize the facts of your case and provide you with an honest assessment of your claim.

A nerve is one or more bundles of fiber forming part of a system that conveys impulses of sensation, motion, pain, pressure, temperature, and more. Put simply, nerves transit messages between the brain and the rest of the body. Nerve damage can include a wide range of injuries from minor to severe. Nerves that have been severely injured can suffer a permanent loss of function or sensation. If a nerve is damaged but not severed, the result can be chronic pain. Unfortunately, this pain typically gets worse over time. Nerve damage can be a result of a variety of medical mistakes, including but not limited to:

A surgical mistake causing damaged or severed nerves;

Endoscopy Malpractice in Rochester

Published on: May 23, 2018 | By DeFrancisco & Falgiatano

An endoscopy is a type of medical procedure that makes it easier for a doctor to look inside a patient’s body. While the procedure is relatively safe, a patient can suffer serious injuries if the doctor commits an error or is careless. If you have suffered a complication from an endoscopy, you will likely require additional medical attention to remedy the problem, which can be expensive and time-consuming. At DeFrancisco & Falgiatano Personal Injury Lawyers, our skilled Rochester medical malpractice attorneys will examine the facts of your case and help you pursue the compensation you deserve.

An endoscopy is a nonsurgical medical procedure that permits a physician to look at a person’s digestive tract by using an endoscope. An endoscope is a long, thin tube with a miniature camera and light fitted at the end in order to give the doctor a detailed view inside the body. The endoscope, also commonly known as the scope, is inserted through the mouth of the patient and is used to inspect the esophagus and stomach, the abdomen or pelvis, joints, the urinary system, the large intestines, and the lungs.

If a patient needs to be sedated for an endoscope procedure, the risks associated with anesthesia include patients suffering an adverse reaction to the medication or being allergic to the medication. Other risks associated with an endoscopy include:

Injuries Caused by Faulty Medical Devices in New York: Malpractice or Product Liability?

Published on: May 16, 2018 | By DeFrancisco & Falgiatano

Typically, when a medical device malfunctions, the manufacturer will be held accountable through a product liability claim. However, in many cases, there is a medical malpractice component to the matter as well. If you or someone close to you has suffered an injury due to a faulty medical device, our experienced Rochester medical malpractice attorneys can help. With years of experience, we understand the nuances of this area of law and can help you understand your rights and options.

A medical device is any instrument or equipment used to treat, diagnose, or prevent a medical condition. The Food and Drug Administration (FDA) is the government body that protects the public from any health hazards that may be caused by a defective medical device. Despite the FDA’s stringent approval process, the reality is that dangerous medical products are often put into the stream of commerce and end up in hospitals, clinics, and even the hands of consumers.

Product liability is an area of law that holds manufacturers and sellers liable for injuries or death resulting from a defective product. When a medical device is inherently defective, you may still have a medical malpractice claim in addition to or instead of a product liability claim. Medical malpractice takes place when a medical professional fails to use the standard of care that another medical professional in the same specialty would have used under the same or similar circumstances.

Stage 4 Bedsores Caused by Malpractice in Rochester

Published on: May 2, 2018 | By DeFrancisco & Falgiatano

If you or someone close to you has suffered bedsores due to the negligence of a nursing home or hospital, you may be entitled to compensation through a medical malpractice claim. At DeFrancisco & Falgiatano Personal Injury Lawyers, our Rochester medical malpractice attorneys can guide you through the legal process and help you resolve your case in an efficient and effective manner.

A bedsore is a painful, often reddened area of degenerating, ulcerated skin caused by pressure from lying in bed in one position for a prolonged period of time. Stage 1 bedsores may involve redness of the skin, bruising, or discoloration. Stage 2 bedsores involve broken skin where the top skin layers die off, creating a shallow crater and risk of infection. Stage 3 bedsores affect the deeper tissue under the skin, including the fat layer. They appear to be like craters and may have pus-like drainage. Stage 4 bedsores are the most serious and affect the skin and layers of tissue down to the muscle and bone. At this stage, serious bruising and drainage may be present.

Unfortunately, bedsores are more common than you may think. The Centers for Disease Control and Prevention (CDC) found that 2.5 million individuals suffered from bedsores in 2011. The CDC also estimates that bedsores affect the health of nearly 1 million adults throughout the country each year. The mortality rate among people with stage 4 bedsores is high, with almost 70 percent of people diagnosed with stage 4 bedsores dying within 180 days.