Rochester Medical Malpractice and Personal Injury Lawyer Blog

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.

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.

Medical Malpractice in Buttocks Augmentation Cases

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

Errors in buttocks augmentation procedures can lead to serious complications. If you have suffered a complication after this type of procedure, you may have a valid medical malpractice claim. At DeFrancisco & Falgiatano Personal Injury Lawyers, our diligent Rochester medical malpractice attorneys can evaluate your case and determine a legal strategy accordingly.

Buttocks augmentation can be accomplished in a few different ways. A Brazilian butt lift takes place when a patient uses fat from one part of their body to be transplanted into their buttocks to increase the size, according to The American Society of Plastic Surgeons (ASPS). Butt implants, on the other hand, require a surgeon to insert silicone implants into the patient’s rear end. Women who are thin and do not have enough fat for liposuction are typically the candidates who go the implant route.

The ASPS reports that butt implants and lifts are the fastest-growing type of plastic surgery in the United States. In fact, butt implants increased by 18 percent between 2015 and 2016, while fat grafting procedures jumped 26 percent during the same time frame. In total, 20,673 butt augmentation procedures were performed in the country in 2017.

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.