Rochester Medical Malpractice and Personal Injury Lawyer Blog

New York Court Explains the Emergency Doctrine in Medical Malpractice Cases

Published on: January 25, 2019 | By DeFrancisco & Falgiatano

Doctors are obligated to provide care that comports with the standard practices of an average doctor in the same field in his or her community. In cases where medical malpractice is alleged, the plaintiff is required to show a deviation from the standard of care and harm resulting from the deviation. In turn, doctors may be able to assert a defense to explain their deviation, such as the emergency doctrine, which allows them to avoid liability.

The emergency doctrine only applies in certain circumstances, however, as was recently explained in an opinion issued by the Supreme Court of New York. If you suffered harm due to inappropriate care, you should meet with a skilled Rochester medical malpractice attorney to develop a plan to seek damages from the responsible parties.

Facts Regarding the Patient’s Treatment

Reportedly, the patient underwent surgery on her cervical spine. Because of swelling in her neck, the patient underwent a tracheotomy and tracheostomy five days after the surgery, in which a hole was cut into her windpipe and a tube was placed into her windpipe so that she could breathe. Following the surgery, she was walking around and talking. A few days after the tracheostomy was placed, a nurse met resistance placing an inner tube into the tracheostomy tube and the patient became short of breath. The nurse attempted to suction the tube but the patient’s oxygen levels dropped and she lost consciousness. The nurse then paged the defendant, an anesthesiologist.

Court Finds Expert Report Sufficient to Show Medical Malpractice in New York Case

Published on: January 21, 2019 | By DeFrancisco & Falgiatano

In cases where the issues presented are a beyond the scope of understanding of the average person, one or both parties will introduce experts to offer opinions on disputed facts and theories of liability. For example, the vast majority of medical malpractice cases require one or more experts to opine that the medical provider in question breached the standard of care and the breach resulted in the subsequent harm.

Recently, in a case applying New York law, the District Court for the Northern District of New York held that the expert report provided by the plaintiff in a medical malpractice case was sufficient to allow the case to proceed, despite the defendants’ arguments to the contrary. If you or a loved one suffered harm due to inadequate care or a missed diagnosis, it is in your best interest to meet with an experienced Rochester medical malpractice attorney to assist you in your pursuit of damages from the negligent providers.

Facts Surrounding the Patient’s Care and Subsequent Death

Reportedly, the patient complained of chest pains and lost consciousness, after which he was transported to the defendant hospital’s emergency department. The defendant doctor, who worked in the emergency department, examined the patient physically, monitored his vital signs and ordered various tests. The defendant doctor ultimately diagnosed the patient with vasovagal syncope, dehydration, reactive airway disease and wheezing. He prescribed the patient medication and saline and discharged the patient. Additionally, the defendant doctor referred the patient to a clinic for a follow-up appointment where he would be re-evaluated and directed him to go to the follow-up appointment two to four days.

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.

Plastic Surgeon Sued by 35 Patients for Malpractice

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

While many plastic surgery procedures seem routine, the reality is these are serious surgeries that carry a substantial risk of complication if the plastic surgeon fails to use the utmost care. A mistake during a plastic surgery procedure can result in a permanent deformity or even death. If you or your loved one has suffered preventable injury because of plastic surgeon’s negligence, let our seasoned Rochester medical malpractice attorneys help. At DeFrancisco & Falgiatano Personal Injury Lawyers, we know how to handle medical negligence cases.

An Omaha plastic surgeon is being sued for malpractice after patients allege the surgeon left their bodies deformed. There are currently 35 claims against the doctor, as well as the surgery center where the procedures took place. Specifically, the complaint claims that patients suffered physical and emotional harm such as disfigurement, painful scarring and nerve damage. In one specific case, a patient claimed she had a tummy tuck that went wrong, which left her with painful jagged scars across the abdomen.

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.

Medical Malpractice Relating to Multiple Sclerosis in Rochester

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

Like with many other diseases, early diagnosis and treatment of multiple sclerosis (MS) can reduce the disease’s activity and could delay the onset of complete disability. If you were given a delayed diagnosis of MS or any other chronic disease, let our experienced Rochester medical malpractice attorneys help. We will closely examine the facts of your case and determine any legal recourse you may have for your injuries and related losses.

Multiple Sclerosis

MS is a potentially disabling autoimmune disease that attacks the central nervous system. Specifically, MS is a disorder in which the body’s own immune system attacks the fatty material that surrounds the nerve fibers, causing damage in the process. The damage can take place in the optic nerve, brain and spinal cord preventing the body’s nerve fibers from sending messages correctly and resulting in a variety of symptoms – some may be permanently disabled and lose the ability to walk while others may experience long periods of remised without any new symptoms. There is no cure for MS, although treatments can help manage symptoms.

Rochester, NY Cystic Fibrosis Attorneys

Published on: November 27, 2018 | By DeFrancisco & Falgiatano

If your doctor failed to diagnose your child with cystic fibrosis prior to birth, you may have a right to financial recovery through a wrongful birth claim. Our experienced Rochester wrongful birth attorneys have a long history of advocating for victims of medical negligence and can apply our acumen to your case. We are dedicated to protecting the right of victims of birth defects in New York.

Cystic Fibrosis

Cystic fibrosis is a genetic disorder that causes life-threatening lung infections, difficulty breathing, digestive problems and finally death. The child is born mucus glands that are abnormally active and the high levels of mucus secretions lead to breathing difficulty and ultimately tissue and organ damage. In short, children born with cystic fibrosis typically live severely compromised lives and often pass away before reaching the age of 20. There is no cure for the condition, only treatment for the different symptoms that a patient may present. According to studies, nearly one out of every 2,000 infants born in the US or Western Europe tests positive for the condition.