Rochester Medical Malpractice and Personal Injury Lawyer Blog

Neonatal Seizure Injuries in New York

Published on: June 1, 2018 | By DeFrancisco & Falgiatano

The joyous occasion of a birth can quickly turn into a nightmare if something is wrong with the baby. Unfortunately, the error or carelessness of a medical professional often leads to harm such as neonatal seizures. If your baby experienced seizures or is experiencing seizures after birth, you need to reach out to a skilled Rochester birth injury attorney who can assess the merits of your case. At DeFrancisco & Falgiatano Personal Injury Lawyers, we have helped many families and can help you as well.

A seizure is uncontrolled electrical activity in the brain that generally produces physical convulsion. Neonatal seizures are typically characterized as seizures that take place within the first month of life. Seizures are typically signs of brain dysfunction. In newborns, seizures can be a sign that a baby suffered some type of brain damage. Often, they are the first sign of a birth injury. There are four types of seizures in newborns:

Subtle seizures: blinking or rapid side-to-side eye movement, leg bicycling, and mouth smacking movements. These occur in about 50 percent of all newborns with seizures.

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.

Concurrent Surgeries in Rochester

Published on: May 9, 2018 | By DeFrancisco & Falgiatano

If you have ever had surgery, you know that it can be extremely daunting even if it is a minor procedure. Imagine knowing that the surgeon was performing another surgery at the same time. This is a surprisingly common practice. If you or your loved one was injured due to a surgeon’s negligence related to performing overlapping surgeries, we can help. At DeFrancisco & Falgiatano Personal Injury Lawyers, our skilled Rochester medical malpractice attorneys are committed to holding negligent medical professionals accountable for the harm that they cause.

Concurrent surgeries, also known as overlapping or simultaneous surgeries, refer to situations in which the attending surgeon is responsible for two or more surgeries on different patients in different operating rooms at the same time for at least part of the procedure. An example of concurrent surgery would be if a surgeon is scheduled two perform two procedures in a day and preparation and procedure for one patient starts in one room as the care of another patient is completed.

Studies have been divided on the issue. Some studies have been published arguing that the practice is safe. However, other studies have highlighted that there is no reason to double book surgeries other than financial gain. In 2017, the Journal of the American Medical Association (JAMA) published a study concluding that overlapping surgery in complex neurosurgical cases can be performed without risking patient safety. However, in January of 2018, JAMA Intern Med released a study which found that overlapping surgeries led to significant increase in complications for patients undergoing hip replacements or other surgeries related to hip fractures.

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.

Diabetes Malpractice in Rochester

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

When diabetes is not diagnosed or treated, it can lead to devastating consequences for the patient. If you believe that you have suffered harm due to a medical error, we can help. At DeFrancisco & Falgiatano Personal Injury Lawyers, our Rochester medical malpractice attorneys are ready to evaluate the merits of your case and provide you with an honest assessment of your claim. With decades of experience, we know how to resolve complex medical malpractice cases.

Diabetes is a disease in which the body’s ability to respond to the hormone insulin is impaired, resulting in an abnormal metabolism of carbohydrates and heightened levels of glucose (blood sugar) in the blood stream and urine. In short, diabetes is a disease in which the body either cannot produce insulin or cannot properly use the insulin it produces. It is a complex condition, which can affect the entire body. In fact, it is a chronic, debilitating, and sometimes deadly disease. There is no cure for the condition; it simply has to be managed properly.

Unfortunately, diabetes is more common than you may think and represents a growing health problem in this country. According to the Centers for Disease Control and Prevention, more than 100 million adults in the U.S. are currently living with diabetes or pre-diabetes conditions. Sadly, in 2015, approximately 9.4 percent of the country’s population was diabetic. That same year, it was the seventh-leading cause of death in the nation.

Chiropractor Malpractice in Rochester

Published on: April 24, 2018 | By DeFrancisco & Falgiatano

If you or a loved one has been injured by the carelessness of a chiropractor, our skilled Rochester medical malpractice attorneys can help you pursue a case against the at-fault party. At DeFrancisco & Falgiatano Personal Injury Lawyers, we have a thorough understanding of chiropractic practice. We can help you navigate the legal process and assert your rights throughout the entire course of action.

A chiropractor is a licensed health care professional who diagnoses and treats the misalignment of joints. Specifically, a chiropractor treats disorders of the musculoskeletal system, such as neck and back pain, especially through the manual adjustment or manipulation of the spinal vertebrae to remedy nervous system dysfunction. The goal of a chiropractor in most cases is essentially to reduce pain and improve the functionality of patients.

While chiropractors are not doctors, they are medical professionals that could be liable for malpractice. Depending on the state, chiropractors often perform procedures such as electromyography, acupuncture, and spinal manipulations. For the majority of the time, negligent manipulation is what leads to a patient’s injury. For example, improper adjustments could lead to herniated discs, neck injuries, and nerve damage. In some cases, chiropractors can even cause a stroke. This can happen when the chiropractor manipulates the patient’s neck in a way that ruptures or blocks arteries to the brain. The vertebral artery is particularly at risk, since it wraps around the cervical vertebra entering into the head. This can cause a blood clot that cuts off the flow of blood and oxygen to the brain.

Study Reveals Patient Care Improved Without Threat of Malpractice

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

Medical malpractice can lead to serious and long-term harm. In the most serious cases, malpractice can result in death. When a person has been injured by a medical professional’s negligence, that person can potentially recover damages for his or her harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, our Rochester medical malpractice attorneys can examine the facts of your case and come up with a legal strategy accordingly.

According to a study published in a recent issue of Health Management, Policy and Innovation (HMPI), there was no negative impact on patient safety when approximately 900 University of Miami Health System doctors received sovereign immunity from medical malpractice claims while working at 1,600-bed government-owned Jackson Memorial Hospital (JMH), which is protected by sovereign immunity as a government entity. The same 900 doctors who work at JMH are also employed by the University of Miami Hospital, a privately owned 560-bed facility. Sovereign immunity applied to the former but not the latter. The study found that the rate of harmful events decreased by 23 percent over a four-year time frame. The study suggests that even without the fear of malpractice, medical professionals are committed to proving competent care to their patients.

Medical malpractice happens when a health care provider causes an injury or death by not using the level of carefulness that a competent health care provider would use under similar circumstances. Medical malpractice can happen in a variety of ways, including surgical errors, diagnostic errors, prescription errors, and treatment errors. Of course, this list is not exhaustive. To win a malpractice lawsuit, the plaintiff is required to prove the following: i) the doctor owed the patient a duty of care; ii) the doctor violated the duty of care that was owed; and iii) the doctor’s violation was a direct cause of the patient’s harm.

Malpractice Involving Asthma Diagnosis or Treatment

Published on: April 13, 2018 | By DeFrancisco & Falgiatano

If you or someone close to you has suffered harm due to malpractice relating to asthma, we can help. At DeFrancisco & Falgiatano Personal Injury Lawyers, our Rochester medical malpractice attorneys understand how to navigate these complex cases. Whether your injury was a result of a misdiagnosis or inadequate treatment, we will make every effort to help you secure the compensation you need to deal with your harm.

According to the Centers for Disease Control and Prevention, there were 18.4 million people with asthma in the United States in 2015. This means that 7.6 percent of all adults and 8.4 percent of all children in the country had the condition. Asthma is a condition in which a person’s airways narrow and swell and produce extra mucus. This can hinder a person’s ability to breathe and trigger coughing, wheezing, and shortness of breath. Shortness of breath can lead to life-threatening asthma attacks. You should know that asthma is a common inflammatory lung disease, and while it cannot be cured, it can be treated.

Unfortunately, asthma misdiagnosis or poor treatment often cause injuries to patients in New York and across the United States. An asthma misdiagnosis can happen in one of two ways: diagnosing a patient with the condition when he or she does not have it, or failing to diagnose a patient with asthma when he or she does have it. The consequences of a misdiagnosis can be very serious. Patients may undergo treatment for a condition they do not have and end up going through unnecessary treatment and needlessly suffering adverse side effects. When asthma is not properly diagnosed, the patient fails to treat the symptoms, and his or her condition could get worse.