Rochester Medical Malpractice and Personal Injury Lawyer Blog

New York Court Discusses Demonstrating Liability in a Nursing Malpractice Case

Published on: October 27, 2023 | By DeFrancisco & Falgiatano

People typically consider medical malpractice to be harm caused by negligent doctors. While many medical malpractice claims arise out of the careless acts of physicians, other healthcare providers, including nurses, can be liable for the injuries caused by negligent medical care. In a recent opinion issued in a New York case, the court discussed what evidence is needed to establish liability for nursing malpractice. If you were harmed by inadequate nursing care, you have the right to pursue damages for your losses, and it is wise to consult a Rochester medical malpractice lawyer.

Factual and Procedural History of the Case

It is alleged that the defendants provided nursing services to the decedent in his home during the months leading up to his death. In June 2017, the plaintiff, both individually and as the administrator of the decedent’s estate, initiated a legal action against the defendants, seeking damages for medical malpractice and wrongful death. The defendants, in response, moved for summary judgment to have the complaint dismissed. The trial court denied the defendants’ motion, prompting them to file an appeal.

Demonstrating Liability in a Nursing Malpractice Case

The court reversed the trial court ruling on appeal. In doing so, the court considered the elements required to establish a medical malpractice cause of action, namely evidence that the defendant departed from accepted medical standards and that such a deviation was a proximate cause of the plaintiff’s injuries. Continue Reading ›

New York Court Discusses Grounds for Dismissing Medical Malpractice Claims

Published on: October 4, 2023 | By DeFrancisco & Falgiatano

In New York medical malpractice lawsuits, it is incumbent upon the parties to not only demonstrate their positions are supported by sound evidence but also to comply with the applicable rules of procedure. As demonstrated in a recent New York ruling in which the court ultimately dismissed the plaintiff’s medical malpractice claim, the failure to do either can be fatal to a party’s case. If you were harmed by the negligence of a healthcare provider, it is in your best interest to meet with a Rochester medical malpractice lawyer to discuss your options.

History of the Case

It is reported that in 2018, the plaintiff filed a lawsuit against the defendant asserting medical malpractice claims and other causes of action. In July 2020, the plaintiff sought a default judgment, which the court initially denied due to insufficient service in accordance with New York’s Civil Practice Laws and Rules. In January 2021, however, the court granted the plaintiff’s motion for re-argument.

Allegedly, in July 2021, the defendants opposed the plaintiff’s motion for a default judgment, claiming improper service and cross-moved to dismiss the complaint. They argued that the court lacked personal jurisdiction over certain claims, the claims were barred by the statute of limitations, and that the plaintiff failed to aver sufficient facts to support his claims. The defendants also requested a change of venue to Chemung County. The trial court granted the defendant’s motion to dismiss, in part, dismissing the medical malpractice claims. The court also granted the defendant’s request for change of venue. The plaintiff appealed. Continue Reading ›

Court Explains Evidentiary Burdens in New York Medical Malpractice Cases

Published on: September 25, 2023 | By DeFrancisco & Falgiatano

In New York medical malpractice cases, each party bears a significant burden of proof. If either party fails to offer evidence sufficient to meet their burden, the court may rule in their opponent’s favor. In a recent opinion, a New York court explained each party’s evidentiary burden in medical malpractice cases. If your child suffered injuries due to the carelessness of a doctor, you could be owed damages, and you should talk to a Rochester medical malpractice lawyer.

Case Background

It is alleged that the plaintiff filed a medical malpractice lawsuit against her obstetrician asserting medical malpractice and wrongful death claims following the delivery of her infant, who was stillborn, in May 2016. The defendant moved for summary judgment to dismiss the complaint against him. The court denied the defendant’s motion, and he appealed.

The Evidentiary Burdens in New York Medical Malpractice Cases

On appeal, the court affirmed the trial court ruling. The court explained that in order to succeed in a motion for summary judgment in a medical malpractice case, the defendant must establish a prima facie case by demonstrating either that there was no deviation from the accepted medical practice or that any deviation did not proximately cause the patient’s injuries. Once the defendant meets this prima facie burden, the plaintiff is then required to show the existence of triable issues of fact on the matters in question. Continue Reading ›

New York Court Discusses Evidence in Medical Malpractice Cases

Published on: September 8, 2023 | By DeFrancisco & Falgiatano

Many older and infirm patients who are admitted to the hospital for critical care are unable to move out of their beds or walk independently. In such instances, the physicians and nurses attending to the patient’s care will typically employ fall prevention measures. If they fail to do so, and a patient falls and suffers harm as a result, it may constitute medical malpractice. As demonstrated in a recent New York ruling, a defendant’s conclusory allegations that they could not have prevented a patient’s fall are inadequate to show that medical malpractice claims should be dismissed. If you or a loved one were injured due to insufficient medical care, it is prudent to speak to a Rochester medical malpractice lawyer as soon as possible.

History of the Case

It is alleged that the plaintiff’s decedent was admitted to the defendant’s hospital with failure to thrive and a cough. At the time of admission, she was functionally quadriplegic and categorized as a high fall risk. Tragically, days after her admission, she was discovered on the floor of her room with a head laceration, having fallen from her bed. Subsequent tests revealed she sustained a subdural hematoma. She passed away a week later.

It is reported that the plaintiff initiated a medical malpractice action against the defendant, alleging, among other things, the inadequate assessment of the decedent’s fall risk and inadequate fall prevention measures. The defendant moved for summary judgment, arguing the plaintiff failed to demonstrate a departure from the standard of care or proximate cause. Continue Reading ›

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.