Rochester Medical Malpractice and Personal Injury Lawyer Blog

New York Court Discusses the Statute of Limitations in Medical Malpractice Cases

Published on: August 14, 2023 | By DeFrancisco & Falgiatano

New York law provides people harmed by the incompetence of doctors the right to seek compensation via medical malpractice claims. The right is not infinite, though, as such claims must be pursued within the statute of limitations. Certain scenarios warrant tolling of the statute of limitations, however, as discussed in a recent New York opinion. If you suffered harm due to an improperly performed procedure, it is wise to meet with a Rochester medical malpractice lawyer as soon as possible.

The Plaintiff’s Harm and Subsequent Claims

It is reported that the plaintiff presented to the defendant’s hospital for a hernia repair surgery. Following the procedure, she suffered an anoxic brain injury while in the post-anesthesia care unit. She was found unresponsive and pulseless and was revived by the defendant’s employees. She remained comatose for weeks, responding involuntarily to physical stimuli but not vocal cues.

Allegedly, the plaintiff’s brain injury left her cortically blind and wheelchair-bound. She subsequently filed a medical malpractice lawsuit against the defendant, alleging the defendant’s employee’s inadequate medication and monitoring delayed recognition of her deteriorating condition caused her cardiac arrest and subsequent injuries. Her husband filed a derivate claim as well. The defendant moved to dismiss the plaintiff’s complaint, arguing her claims were time-barred. Continue Reading ›

New York Ruling Highlights Importance of Disclosures in Medical Malpractice Cases

Published on: August 2, 2023 | By DeFrancisco & Falgiatano

Expert testimony is a key component of New York medical malpractice lawsuits, and the strength of an expert’s opinion can make or break a plaintiff’s case. A plaintiff must provide the defendant with information regarding their expert and the expert’s proposed testimony prior to trial, however, to allow the defendant to formulate rebuttal testimony. If the plaintiff refuses to do so, they could face significant sanctions, as illustrated in a recent New York opinion issued in a birth injury case. If your child suffered harm at birth due to the negligence of a physician, it is in your best interest to meet with a Rochester birth injury attorney to discuss what claims you may be able to pursue.

Factual and Procedural Background of the Case

It is reported that in April 2018, the plaintiff initiated a birth injury lawsuit against the defendant, claiming that medical malpractice committed by the defendant’s staff during her daughter’s birth in 2017 caused her to suffer permanent harm. The defendant answered the plaintiff’s complaint and, in May 2018, requested a bill of particulars. The parties then proceeded to go through several exchanges during which the defendant sought further particulars and expert disclosures and was ultimately dissatisfied by the alleged lack of detail and substance in the plaintiff’s responses.

Allegedly, the defendant moved to preclude the plaintiff’s expert testimony and evidence, and the court granted its motion, finding the plaintiff’s counsel’s conduct to be willful and contumacious. The court subsequently granted the defendant’s motion for summary judgment, dismissing the complaint. The plaintiff appealed. Continue Reading ›

Bus Injuries Suffered While Boarding or Disembarking the Bus

Published on: June 28, 2023 | By DeFrancisco & Falgiatano

Many people overlook the potential hazards associated with getting on and off the bus when it comes to bus accidents. Collisions with other vehicles while the bus is moving are more likely to result in severe injuries, however, passengers can suffer very serious injuries if they trip, slip, or fall while boarding or disembarking the bus. Injuries to the face, head, neck, back, hands, or wrists are examples of these injuries, which require extensive medical treatment and can result in temporary or permanent disabilities. If you have been injured while boarding or disembarking from a bus, speak with an experienced personal injury attorney about what you can do to protect your rights. At DeFrancisco & Falgiatano, our highly experienced personal injury attorneys may be able to help you recover the compensation you deserve. We help clients throughout Upstate New York, with offices in multiple convenient locations. Our extensive experience in the personal injury field is reflected in the results we have achieved for our clients.

Getting injured can be a life-changing incident. It’s normal, then, to want to make sure that someone who causes an injury has to deal with at least some of the consequences of his or her actions. If you were injured on a bus, for example, it’d be reasonable to think about bringing a suit against the bus company.

Getting on and off the bus necessitates maneuvering around the curb and street surface, as well as ascending and descending the bus’s stairs. As a result, it is surprisingly easy to slip, trip, and fall while getting on and off the bus. The following are some of the most common causes of boarding and disembarkation injuries:

The Risks and Dangers of Undiagnosed Maternal Infections

Published on: June 23, 2023 | By DeFrancisco & Falgiatano

Maternal infection is any infection in a pregnant woman that can spread through the blood, placenta, or birth canal during pregnancy or childbirth. If left untreated, such an infection can result in serious, even long-term, injuries and disabilities for the baby. Therefore, discovering a maternal infection early on and treating it is very important. If a doctor does not test for and treat infections, they may be held legally responsible for a child’s birth injury. At DeFrancisco & Falgiatano, our highly experienced medical malpractice attorneys may be able to help you collect the compensation you deserve. We help clients throughout Upstate New York, with offices in multiple convenient locations. Our extensive experience in the medical malpractice field is reflected in the results we have achieved for our clients.

When certain maternal infections go undiagnosed or untreated, they can endanger the unborn child. Here are a few of the most common:

Chickenpox, also known as varicella, can cause serious health problems in babies under the age of a year. Pneumonia, vision problems, congenital varicella syndrome, developmental delays, scarring, and cognitive disabilities are examples of these issues. According to the Organization for Teratology Information Service (OTIS), the risk of birth injury is 0.5 to 1% when chickenpox occurs during the first trimester of pregnancy. The risk increases with the length of the pregnancy.

Failure to Diagnose Glaucoma

Published on: June 21, 2023 | By DeFrancisco & Falgiatano

We go to eye doctors to make sure our eyes are healthy and free of disease or when we notice symptoms of a problem. Sometimes another doctor refers us to an eye specialist. Optometrists and ophthalmologists are the two main types of eye doctors. Optometrists provide patients with general eye care. They perform vision tests, monitor for issues such as diabetes, and treat glaucoma, among other things. While optometrists can perform the majority of primary eye care procedures, they may need to refer a patient to an ophthalmologist on occasion.

Ophthalmologists are specialists who have received additional training in the eye, its diseases, and treatment. Their education does not end with board certification; they must continue to maintain a level of knowledge in eye-related issues beyond that of a general practice doctor. An ophthalmologist, unlike an optometrist, can treat and diagnose diseases such as glaucoma. Perhaps most importantly, ophthalmologists are trained to perform eye surgeries. This can include surgery to correct crossed eyes, remove cataracts, and treat glaucoma, and other conditions. They are also trained in Lasik eye surgery. Ophthalmologists may perform plastic surgery to smooth out wrinkles or raise a droopy eyelid in some cases. Optometrists and ophthalmologists are both eye doctors, but only ophthalmologists can diagnose diseases and perform surgery on the eyes.

Glaucoma is an eye condition that causes optic nerve damage. This damage is frequently caused by abnormally high eye pressure. Glaucoma is a leading cause of severe vision loss and blindness. Because vision loss is typically gradual and occurs over time, patients may not notice the change until the condition has progressed to an advanced stage. Because glaucoma vision loss is irreversible, it is critical to have regular eye exams that include measurements of your eye pressure and other tests so that a diagnosis can be made early on. When glaucoma is detected early, vision loss can be slowed or stopped. When you are hurt or sick, you probably believe that going to the doctor will help you get better. And, while doctors intend to help their patients, their intervention can sometimes have negative consequences. This could be the case for a variety of reasons, including a visit to the eye doctor. Call our office today to discuss your options if you believe you have been the victim of eye doctor medical malpractice. Our highly experienced medical malpractice attorneys at DeFrancisco & Falgiatano may be able to assist you in obtaining the compensation you deserve. We serve clients throughout Upstate New York and have offices in several convenient locations. Our extensive experience in the field of medical malpractice is reflected in the results we have obtained for our clients.

Tracheotomy Errors

Published on: June 16, 2023 | By DeFrancisco & Falgiatano

The tracheotomy procedure, also known as a tracheostomy, is a type of medical procedure that involves the use of a breathing tube. These procedures are frequently performed on patients with neck or facial cancer or significant facial injuries. Patients who have had recurrent pneumonia or any other type of breathing problem may have had a tracheotomy. A tube is inserted into the trachea during this procedure. To insert the tub, an incision in the neck must be made to allow the doctor to insert a breathing tube into the trachea—more commonly known as the windpipe. This procedure then allows the patient to breathe through the tube rather than their mouth or nose, as they would normally. While the procedure is generally thought to be safe, complications can and do arise. These complications may be the result of a tracheotomy surgical error in some cases. If you or a loved one were injured because of a routine tracheotomy procedure, you may be eligible for compensation. Understanding the procedure and your legal options can assist you in determining how to proceed. Our highly experienced medical malpractice attorneys at DeFrancisco & Falgiatano may be able to assist you in obtaining the compensation you deserve. We serve clients throughout Upstate New York and have offices in several convenient locations. Our extensive experience in the field of medical malpractice is reflected in the results we have obtained for our clients.

A tracheotomy is occasionally performed as a result of an emergency. Due to the emergent nature of the situation, the procedure may be performed quickly. While an urgent procedure may differ slightly, a tube will still be placed in the patient’s neck to improve the patient’s ability to breathe. When performed in an emergency, the procedure is known as cricothyroidotomy. This is usually the result of some kind of traumatic injury.

While a tracheotomy is performed to help with breathing difficulties, breathing problems may persist in some cases even after this procedure is completed. It should be noted that some difficulty is normal in the process of learning to breathe again. However, if the difficulty breathing persists, this is not normal. Breathing difficulties could be due to a blockage caused by pressure, mucus, or blood. Such issues are usually simple to resolve. Breathing problems can also be caused by medical malpractice or tracheotomy malpractice.

Balloon Sinuplasty

Published on: June 15, 2023 | By DeFrancisco & Falgiatano

The sinuses are vital aeration, drainage, and lubrication channels that keep the skull clear and the nasal passages free of invaders such as dust and pollen. The fine hairs that line the sinuses, known as cilia, act as a conduit for mucus drainage from the sinuses to the nose. Because the sinuses must remain clear for proper breathing, surgery is sometimes required to clear them when they become blocked due to growths, infections, or structural abnormalities. Call our office right away if you or a family member has been injured as a result of surgical malpractice. Our highly experienced medical malpractice attorneys at DeFrancisco & Falgiatano may be able to assist you in obtaining the compensation you deserve. We serve clients throughout Upstate New York and have offices in several convenient locations. Our extensive experience in the field of medical malpractice is reflected in the results we have obtained for our clients.

Individuals may undergo sinus surgery for a variety of reasons. If a person is born with bone deformities that block the sinuses or had trauma to the face that has left bones protruding into the sinuses, surgery may be required to remove sinus obstructions. Similarly, when tumors, polyps, or other nasal growths appear, they must be surgically removed or risk sinus blockages and infections that can cause swelling, which is another source of problems when they obstruct the free passage of mucus from the sinuses to the nose. Nasal polyps are small swellings in the nasal passages that can cause obstruction. They develop when the nasal lining becomes irritated and swollen, and they can cause breathing problems, face pain, runny nose, recurring infections, nasal congestion, and loss of smell.

Sinus infections or sinusitis may also necessitate surgery. Common sinusitis symptoms include a runny nose, congestion, headache, cough, pressure around the face, particularly around the eyes, nose, and brow, hearing loss due to ear blockage, and mucus dripping down the throat. When infections reoccur frequently, surgery to clear the passages and prevent future infections may be required. Most doctors will first try antibiotics before removing nodules or other obstructions surgically. To combat recurring infections, they may also recommend nasal sprays and rinses, steroids, allergy medications, and antihistamines. If everything else fails, surgery may be the only option.

What Is the Difference Between No-Scalpel Vasectomy vs. Traditional Vasectomy?

Published on: June 9, 2023 | By DeFrancisco & Falgiatano

Vasectomy is one of the most common surgical procedures performed in the United States. This straightforward operation is a form of birth control that works by preventing sperm from leaving the body through the penis. Doctors do about 500,000 vasectomies in the US per year. They are usually covered by insurance. If you or someone you love was injured by a medical provider during a vasectomy procedure, call our office today. At DeFrancisco & Falgiatano, our highly experienced medical malpractice attorneys may be able to help you collect the compensation you deserve. We help clients throughout Upstate New York, with offices in multiple convenient locations. Our extensive experience in the medical malpractice field is reflected in the results we have achieved for our clients.

A vasectomy may appear to be painful and dangerous, but we assure you that it is only mildly uncomfortable and completely safe. Vasectomy procedures are classified into two types. The traditional vasectomy is the first and most common procedure and the no scalpel vasectomy is the second and slightly less invasive procedure. Both of these procedures have advantages and disadvantages. As a result, in order to make an informed decision, you must understand the distinctions between these procedures. Your final decision will depend on your preferences and the surgeon you consult.

Both no-scalpel and traditional vasectomies are effective methods of birth control. The main difference is how the vas deferens is accessed during the procedure. Recovery times are shorter with a no-scalpel vasectomy because it is less invasive than a traditional vasectomy.

Failure to Diagnose Gallstones

Published on: June 7, 2023 | By DeFrancisco & Falgiatano

The gallbladder is a small, pear-shaped organ located on the right side of the abdomen, just beneath the liver. The gallbladder stores bile, a digestive fluid that is released into the small intestine. Gallstones are hardened deposits of digestive fluid in the gallbladder.

Gallstones can be as small as a grain of sand or as large as a golf ball in size. Some people develop only one gallstone, while others develop several gallstones at once. Gallstones that cause symptoms usually necessitate gallbladder removal surgery. Gallstones that do not cause any symptoms usually do not require treatment. When your gallbladder isn’t working properly, hard fragments known as gallstones can form.

Gallstones do not dissolve or disappear by themselves. If you are experiencing pain or other distressing symptoms, you may be forced to have your gallbladder removed. Around 80% of people who develop gallstones require surgery. Many gallbladder surgeries are laparoscopic and take between one and two hours to complete. A few small incisions are made in your abdomen by your surgeon. Thin, hollow tubes are inserted through the incisions during the procedure. Your surgical team inserts other surgical tools through the tubes using a laparoscope.

Failure to Diagnose Hiatal Hernia

Published on: May 31, 2023 | By DeFrancisco & Falgiatano

When the upper part of your stomach bulges through the large muscle that separates your abdomen and diaphragm, you have a hiatal hernia. A small opening (hiatus) in your diaphragm allows your food tube (esophagus) to pass before connecting to your stomach. The stomach pushes up through that opening and into your chest in a hiatal hernia. A small hiatal hernia usually causes no problems. You might not even be aware you have one unless your doctor discovers it while testing for another condition. A large hiatal hernia, on the other hand, can allow food and acid to back up into your esophagus, causing heartburn. Usually, self-care or medication can alleviate these symptoms. A large hiatal hernia may necessitate surgery.

Although many people have heard of hernias, few are familiar with them. Because these conditions frequently go unnoticed for months or even years, many people are unaware that they have one. A hernia is a gap in tissue or muscle that allows organs to bulge through, most commonly when the intestines break through the abdominal wall. Hernias are most commonly found in the stomach region between the hips and chest, but you may also be diagnosed with a hernia in the groin or near your upper thighs. While most hernias are not fatal, some necessitate surgery to avoid serious health complications, and certain types of hernias are more prone to complications than others.

Regardless of the differences between hernias and hernia sufferers, one thing remains constant: doctors and medical professionals have a responsibility to thoroughly examine patients, run appropriate tests and correctly read them, diagnose hernias in a timely manner, and take appropriate measures to prevent further medical issues that may result from these conditions. Furthermore, surgeons are responsible for performing hernia repair surgery in the best possible manner, avoiding surgical errors and negligent practices that may result in hernia surgery complications. It is then the responsibility of healthcare providers to ensure that patients receive thorough and accurate postoperative instructions and are fully informed of the risks before consenting to the procedure. Failure to complete any of these critical steps in the process may constitute medical negligence, giving those who have been injured grounds to sue for fair compensation. If you have questions about hernia-related malpractice, speaking with an experienced malpractice attorney can provide you with the answers you need to fight for your rights. Our highly experienced medical malpractice attorneys at DeFrancisco & Falgiatano may be able to assist you in obtaining the compensation you deserve. We serve clients throughout Upstate New York and have offices in several convenient locations. Our extensive experience in the field of medical malpractice is reflected in the results we have obtained for our clients.