Syracuse Medical Malpractice Lawyer Blog

To err is human. Doctors, nurses and hospitals are no exception. According to a study published by the Journal of the American Medical Association, as many as 10-15% of medical diagnoses are wrong. That data, taken from patient autopsies, paints a fairly accurate picture about Syracuse medical malpractice lawsuits for mistakes made by local practitioners and at area hospitals, like Crouse Hospital, St. Joseph's Hospital Health Center, University Hospital and Community General Hospital. That is, most patients receive proper medical care, but nearly 2 in 10 will not.

Should I call a Syracuse medical malpractice lawyer to find out if I have a case? The short answer is yes. As your time to file a lawsuit is limited, you should call sooner, rather than later. In an effort to provide some guidance to the victims of medical malpractice, we will attempt to identify five warning signs of medical negligence:

ONE: Be concerned if, despite treatment for your illness, you do not get better (be very concerned if you in fact get worse). After settling on a diagnosis, whether or not it's the correct one, many health care professionals choose not to look further. No one wants to admit that they were wrong. Seek a second opinion, as the diagnosis you carry may be incorrect!

TWO: Be concerned if your diagnosis does not seem to match your symptoms. We all have access to the internet. Search the web to see if your symptoms are consistent with the diagnosed condition. If not, you may have been misdiagnosed. Good sources of information about your symptoms and your condition include WebMD (www.webmd.com) and YourDiagnosis (www.yourdiagnosis.com), as well as WD (www.wrongdiagnosis.com). Take this information to the doctor who diagnosed you, or to a new doctor, and ask questions. Help your doctor help you!

THREE: Be wary of a diagnosis based solely upon a single lab test. Labs can be wrong. Make sure that your doctor questions the lab results and, if a very serious condition, request that a second lab perform an analysis.

FOUR: Be concerned if your doctor attributes common complaints to an uncommon diagnosis. Often, a headache without more is, well, just a headache.

FIVE: Challenge a diagnosis that can be confirmed or ruled-out with a test that you have not received. If there is a test that will paint a complete picture for your doctor, you should receive it. If it has not been recommended, ask for it (see sign TWO, supra - do research)! The failure to diagnose a condition is often due to the decision not to order a test when the test was indicated.

While a medical malpractice lawsuit cannot fix the physical damage caused by a misdiagnosis or a failure to diagnose, but it can help to secure funds so that you and your family can attempt to live a normal life despite your losses, which may include permanent disability due to a surgical error, wrongful death due to nursing negligence, limb loss due to infection, or brain damage due to medication errors. A lawsuit may also recover future medical costs and restore economic losses, such as lost wages and benefits.

Continue reading "Syracuse Medical Malpractice Lawyer Warns Of Signs Of Misdiagnosis" »

Last week, Aaron J. Ryder, Esq., a Syracuse medical malpractice lawyer with Bottar Leone, PLLC, secured $900,000.00 in compensation from a group of north country defendants, including several emergency room physicians working at a Watertown-area hospital. The Watertown emergency room malpractice lawsuit alleged that the defendants' collectively failed to diagnose a carotid artery occlusion before the plaintiff suffered a stroke that caused a partial loss of use of one arm, partial loss of use of one leg, speech and memory deficits, and a permanent seizure disorder.

In sum, the 51 year old plaintiff presented to the emergency room on day 1 with complaints of a headache and lower extremity weakness. She was discharged with a diagnosis of back pain. She returned on day 23 with ongoing complaints of lower extremity weakness and decreased muscle control. She was again discharged with a diagnosis of back pain. She returned on day 24 with complaints of jumbled thoughts, blurred vision, lower extremity weakness, decreased lower extremity sensation, and was observed dragging her foot while walking. She was discharged with no diagnosis. On day 25, the plaintiff suffered a stroke. The stroke prevented blood from reaching her brain, causing brain damage.

As the plaintiff was permanently totally disabled before the stroke, for reasons unrelated to the lawsuit, she did not have a claim for lost wages. The $900,000.00 recovery was for her past and future pain and suffering.

If you, your child, or a family member have been injured due to medical negligence, you and your loved ones may be entitled to compensation. But, just like there are all kinds of doctors -- good and bad -- there are also all kinds of lawyers -- good and bad. Who you select to represent you is paramount.

Unlike the typical personal injury case, a medical malpractice case requires a very specific skill set. Not every Syracuse personal injury lawyer has the skill, experience and resources to handle a medical malpractice case that costs $50,000.00 to prosecute and, while many lawyers accept medical malpractice cases, very few in Central New York have a nearly 30 year track record of success.

When selecting a Syracuse medical malpractice lawyer make sure you pick a lawyer that knows his/her medicine. While your lawyer need not be a doctor to win your case, he/she certainly needs to understand anatomy, or be willing to learn through research and consultation with experts. Make sure you also check to see if your lawyer, like the attorneys at Bottar Leone, PLLC, has been selected for membership in peer review organizations such as The Best Lawyers In America, SuperLawyers, the Million Dollar Advocates Forum, the Multi-Million Dollar Advocates Forum, Lawdragon, etc. Inquire about whether your lawyer has, like Anthony S. Bottar, Esq., ever been named Syracuse personal injury lawyer of the year. Ask your lawyer how long he/she has been advocating for patients and their families. Experience counts.

Bottar Leone, PLLC, is one of Syracuse's oldest and largest medical malpractice law firms. We have experience with virtually every type of medical malpractice case, including claims for a Syracuse birth injury leading to cerebral palsy or Erb's palsy. If your child was injured during child birth in Syracuse, call us. Our most recent birth injury case, involving a child diagnosed with cerebral palsy, settled for $3,250,000.00. If a loved one had a stroke after being discharged from the emergency room, call us. Our most recent case involving a failure to diagnose a stroke settled for $900,000.00. If you were injured during surgery, call us. Our most recent case involving a surgical error causing incontinence settled for $1,000,000.00.

Bottar Leone, PLLC. In and for the community. Since 1983.