Syracuse Medical Malpractice Lawyer Blog

According to the Centers for Medicare and Medicaid Services ("CMS"), between October of 2008 and June of 2010, more than 11,000 Medicare-eligible patients received care and treatment at Crouse Hospital in Syracuse, New York.

During that time period, at least two patients experienced a 100% preventable surgical complication known as a gossypiboma or textiloma, which is when an object like a sponge, pad, or gauze are accidentally left inside a patient after the incision is closed. For this adverse incident category, Crouse's rate per discharge of 0.609 was more than six times the national rate per discharge of 0.09.

"CMS' report is significant because it lifts the veil of secrecy surrounding medical mistakes at area hospitals," said Syracuse medical malpractice lawyer Michael A. Bottar, of Bottar Leone, LLC. "These statistics do not include errors affecting non-Medicare-eligible patients."

According to Syracuse.com, a study published by The Project on Government Oversight suggests that Syracuse's Veterans Administration Medical Center, also known as the Syracuse VA, has very few medical malpractice claims filed against it.

There may be a number of reasons for the low volume and size of claims against the Syracuse VA for medical malpractice. One explanation is that many veterans are not inclined to file a lawsuit against an entity that is providing 'free' medical care to them. Second, many veterans do not know that they have been injured by malpractice because they are advanced in age and/or are suffering from a constellation of disabilities stemming from their military service. Finally, claims against the Syracuse VA for medical malpractice are complicated because they are governed by the Federal Tort Claims Act (FTCA). Many personal injury lawyers do not prosecute FTCA cases because they are not familiar with the administrative claims process or the technical requirements of a lawsuit in federal district court.

"We like the complexity of FTCA cases," said Michael A. Bottar, a Syracuse-based attorney handling a number of VA medical malpractice lawsuits, as well as claims against the the Department of Health and Human Services. "In addition, many agencies, including the VA, do a pretty good job of resolving claims during the administrative review process. Sometimes a lawsuit is unnecessary." This, of course, assumes that the attorney handling the FTCA claim knows what information must be submitted to the agency, how to submit it, where it should go, and when. "The FTCA can be a mine field for the uninitiated, as there are short deadlines," Bottar added.

Contact us for a copy of "A Desktop Guide To Federal Tort Claims Within the United States Court of Appeals for the Second Circuit," or to learn more about claims against the federal government for negligence, malpractice and wrongful death.