Rochester Medical Malpractice and Personal Injury Lawyer Blog

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.

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.

Gallbladder Surgery Malpractice in Rochester

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

If you’ve been injured due to surgical mistakes made immediately before, during or after a gallbladder surgery, you should seek the advice and guidance of a trusted Rochester medical malpractice attorney. These cases are complicated, but with years of experience on our side we will work diligently to uncover the cause of your harm. We know that dealing with a health problem and thinking about a legal claim can be incredibly draining, which is why we will try to resolve you legal matter in the most effective and efficient way possible.

What is the Gallbladder?

The gallbladder is a little hollow organ located under your liver in the upper-right side of the abdomen. The gallbladder houses bile and a mixture of fluids, fats and cholesterol. Bile assists in the breaking down of fat from food in your intestine. In other words, the gallbladder is responsible for storing extra bile produced by the liver, which is used for the breakdown of fats in the digestive process.

Gallbladder Surgery Malpractice

Gallbladder removal is one of the most frequent medical procedures in the United States. This is because gallbladder disease impacts 12 percent of adults and every year more than 700,000 Americans have their gallbladders removed. Many people choose to have their gallbladders removed after they develop gallstones, which cause ongoing painful symptoms. The American College of Surgeons reports that one out of every 1,000 patients die during gallbladder removal.

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.

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.

Patient Falls off Operating Table During Procedure

Published on: September 25, 2018 | By DeFrancisco & Falgiatano

Every surgery carries some level of inherent risks but there are some things that should never happen while you are being operated on. If you have suffered an unnecessary injury due to a surgeon’s negligence, you need to reach out to a seasoned Rochester medical malpractice attorney who can help. At DeFrancisco & Falgiatano Personal Injury Lawyers, we are committed to getting our clients the justice and compensation they deserve in their case.

In a recent North Carolina case, a patient sued Duke Health System over a 2012 incident in which the patient, a 75 year old woman, allegedly fell off an operating table during a heart catheterization and suffered a concussion, jaw injuries and bruises.

North Carolina law mandates that plaintiffs in medical malpractice cases “certify” that they have someone who can serve as an expert witness in their case. The expert witness is typically a medical professional in the same specialty of medicine as the defendant and, as such, can testify regarding the appropriate standard of care in the case. The plaintiff’s case was lacking the necessary “certification.”

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.

Man Dies After Surgeon Leaves Needle Inside Patient’s Body

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

Surgeries carry inherent risk to patients. However, some injuries can be the result of a surgeon’s negligence. If you or someone close to you has been harmed due to a surgeon’s error, you may be entitled to compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, we have the skill and experience necessary to prepare your case. We are here to answer your questions and address your concerns.

Unfortunately, surgical mistakes claim the lives of many people across the U.S. every year. The family of a Tennessee man is suing a Nashville hospital after the man died one month after having open-heart surgery because a surgical needle was left in his body.

The needle was left inside 73-year-old J.B.J. after open-heart surgery this past May. The lawsuit alleges that the surgeon noticed the needle was missing after stitching the patient up after the 9-hour operation. An x-ray confirmed that needle was, in fact, still inside of the declined and his death was “painful, unnecessary and wrongful.”

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.