Syracuse Medical Malpractice Lawyer Blog

More than 140,000 people die every year from a stroke. As strokes are the number three cause of death in the United States, health care providers should consider a stroke when a patient presents to an emergency room with complaints of a severe headache, face droop, arm drift, and/or slurred speech.

"As many as 800,000 people suffer a stroke each year," said Syracuse medical malpractice lawyer Michael A. Bottar, of Bottar Leone, PLLC, a law firm representing injured patients throughout the State of New York. "Unfortunately, strokes are frequently misdiagnosed in the emergency room and patients are sent home without appropriate therapy." Stroke therapy may include the administration of antiplatelets, anticogaulants, statins, and/or blood pressure medications. t-PA may also be administered. Depending upon the type of stoke, surgery may be necessary.

Recently, medicine took a major step forward toward treating acute ischemic strokes. On trial now in Florida is a device called Trevo. Trevo is a minimally invasive catheter system that can retrieve clots in order to return blood flow to the affected portions of the brain before there is brain death. Trevo is a hybrid of current catheter-guided thrombolysis technology. "If the Florida trial goes well we may see Trevo in New York and, in turn, stroke-related permament disabilities may decline," said Bottar.

Continue reading "Syracuse Stroke Misdiagnosis Lawyer Welcomes Trevo Clot Therapy To New York" »

According to the American Heart Association, patients with stroke symptoms who are admitted to a hospital over a weekend have a higher risk of death than those admitted on a weekday. The risk is more than 17% higher. "This known as the weekend effect," said Syracuse medical malpractice lawyer Michael A. Bottar, Esq., of Bottar Leone, PLLC, a law firm prosecuting New York stroke misdiagnosis lawsuits.

"Generally, there is decreased staffing at hospitals over weekends and, in turn, the quality of care can decrease." However, the "weekend effect" appears not to occur at comprehensive stroke centers where brain imaging and acute stroke teams are available around-the-clock.

Designated stroke centers in central New York include Crouse Hospital and Upstate University Hospital. A list of the 116 other designated New York stroke centers can be found here.

"Even though stroke is the third leading cause of death in the United States, the signs and symptoms are often overlooked in the emergency room," said Syracuse medical malpractice lawyer Michael A. Bottar, Esq., of Bottar Leone, PLLC.

"We are currently representing a man who actually asked emergency room staff is he was having a stroke. He was, but was diagnosed with a 'headache" and some over-the-counter Tylenol. The neurological damage progressed and one side of his body no longer functions." The failure to diagnose a stroke occurs when emergency room personnel, especially in small towns, are not familiar with what to look for in a patient. A headache with other symptoms like loss of coordination and slurred speech should prompt a thorough investigation, including diagnostic imaging.

A new smart phone application may make diagnosis easier -- by enabling doctors to diagnose a stroke remotely. The application is called Resolution MD. The program allows physicians to view high-resolution three dimensional images of the brain on an iPhone, iPad or Android phone. According to a study of the software, it was 94-100% accurate.

Prompt diagnosis of a stroke is critical because damage increases with time. Depending upon the type of stroke, medication called tPA may be administered to relieve symptoms. Information about tPA can be found in our prior post entitled "What Is tPA And Is It Available In Central New York Emergency Rooms?" Most emergency rooms, especially New York certified stroke centers, should have tPA on hand.

Continue reading "New York Stroke Misdagnosis To Decline In Syracuse When Smartphone Technology Arrives" »

At the forefront of the current New York State budget debate is whether or not non-economic damages in New York medical malpractice lawsuits should be capped at $250,000.00. Non-economic damages are those damages awarded by a jury for pain and suffering and loss of enjoyment of life.

According to hospitals and doctors around the State, medical malpractice lawsuits are universally "frivolous." In response, we ask New York doctors to comment on what just happened to 2 year old Malyia Jeffers. Specifically, we welcome their thoughts on whether this is a case of emergency room malpractice.

A short time ago, Malyia woke up with a fever. When the fever began to rise and Malyia began to show bruising on her cheeks, her parents rushed her to Sacramento's Methodist Hospital emergency room. According to a CNN report entitled "Harmed In The Hospital? Should You Sue?", Malyia sat in the emergency room for nearly five (5) hours before she was examined by a physician. By the time emergency room personnel diagnosed her with sepsis (i.e., a blood infection), it was too late. The infection was advanced and, to save her life, doctors had to amputate her left hand, most of her right hand, and both of her legs. Sepsis is typically treated with intravenous antibiotics. "And time matters," said Michael A. Bottar, of Bottar Leone, PLLC. "It is well known that for every hour of delay in the administration of antibiotic therapy for sepsis, there is an associated 7% rise in mortality."

Bottar, a Syracuse medical malpractice lawyer, continued "if this happened in New York, and there were a $250,000.00 cap on pain and suffering, Malyia would receive, essentially, $8.00/day for her loss. The average salary for an emergency room physician is $267,000.00 per year, or $731.00/day. Sound fair to you?"

"Stroke is the number three cause of death in the United States," said NY medical malpractice attorney Michael A. Bottar, of Bottar Leone, PLLC, a Syracuse-based law firm prosecuting New York stroke misdiagnosis lawsuits.

On top of the 'usual' stroke risk is the increased risk of a cerebral vein thrombosis (CVT) during pregnancy. A CVT is the occlusion, or blockage, of a venous sinus which may extend to veins draining into the sinus. It can lead to regional ischemia and infarction in the cerebral cortex.

In a recent report titled Diagnosis and Management of Cerebral Vein Thrombosis: A Statement for Healthcare Professionals from the American Heart Association / American Stroke Association, the AHA articulated a number of evidence-based standards for the timely diagnosis of a CVT and recommendations for treatment during pregnancy and the post-partum period.

Unlike a conventional arterial stroke, the signs and symptoms of a CVT are more variable and typically take weeks to develop. This increases the risk of CVT misdiagnosis. Most patients suffer from a headache, paresis, seizure (generalized or focal) and mental status disorders.

Research behind the AHA study revealed that women a highest risk for a CVT are those who are pregnant, or taking oral contraceptives, and people under age 45. 73% of CVTs strike during the post-partum period (the +/- 4 weeks after giving birth). Recommendations for clinical diagnosis include: a comprehensive history for risk factors, blood testing, and magnetic resonance imaging (MRI). Treatment modalities include anticoagulant medications and, in some cases, endovascular treatment or surgery.

Continue reading "CVT Stroke Risk High During Pregnancy and Postpartum Period" »

"Baby boomers are spending more and more time in hospital emergency rooms because of the medications that they take," said New York medication error lawyer Michael A. Bottar, Esq., an attorney with Syracuse-based Bottar Leone, PLLC, a team of lawyers handling New York emergency room lawsuits. "Unfortunately," Bottar added, "many of the medications that seniors take do more harm than good."

According to Dr. Carolyn Clancy, the Director of the Agency of Healthcare Research and Quality, Americans take a record number of medications to maintain their health. This is because many medical problems can now be treated with drugs that were not available years ago. However, a constellation of drugs used to treat virtually all ailments have been linked to three troublesome conditions, including: (1) drug-induced delirium, (2) drug overdose, and (3) drug withdrawal.

Often, when seniors present to emergency rooms with complaints, they are prescribed drugs that are not compatible (i.e., contraindicated) with their current medication regimen. For example, seniors on blood thinners should not receive tPA, a stroke drug we blogged about previously in a post titled "What Is tPA and Is It Available In Central New York Emergency Rooms." Likewise, prescriptions are frequently discontinued in the emergency room setting even through the patient should not stop taking a drug. "Either scenario can have devastating consequences," said Bottar, whose office is currently prosecuting several medication error lawsuits involving severe personal injury and permanent disability, including stroke and blindness.

Continue reading "New York Medication Mistakes On the Rise In Syracuse, Utica, Binghamton and Watertown" »

Syracuse medical malpractice lawyer Anthony S. Bottar, managing partner of Bottar Leone, PLLC, one of Upstate New York's oldest law firms with a practice limited to medical malpractice, wrongful death, birth injuries, work injuries, brain injuries, and product/premises liability, was elected president of the New York State Academy of Trial Lawyers, an organization dedicated to protecting, preserving and enhancing the civil justice system.

The New York State Academy of Trial Lawyers boasts a membership of more than 1400 judges, law clerks, law firms, lawyers, paralegals and law students, including: Syracuse medical malpractice lawyers handling cases concerning stroke misdiagnosis, failure to diagnose cancer and failure to prevent a heart attack; Syracuse work injury lawyers handling cases concerning construction site accidents, scaffolding accidents and injuries caused by a fall from a height; Syracuse birth injury lawyers handling cases concerning fetal hypoxia and ischemia, cerebral palsy and Erb's palsy; Utica brain injury lawyers handling cases concerning concussions, post-concussion symdrome and TBI; Watertown medical malpractice lawyers handling cases concerning Samaritan Medical Center negligence and Fort Drum physician mistakes; and Watertown injury lawyers handling New York State Thruway accidents.

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.

A recent study of approximately 400,000 patients suggests that emergency room physicians treating chest pain are all too often ordering cardiac catheterizations, a relatively safe procedure commonly used to rule out a heart attack. Surprisingly, most of the patients who underwent the procedure did not have obstructive disease.

According to Central New York medical malpractice lawyers Bottar Leone, PLLC, most unnecessary medical procedures are performed without incident. However, where a patient experiences a complication as a result of a contraindicated medical procedure, the physician who ordered the procedure may be liable for medical negligence.

Typically, interventional cardiologists perform cardiac catheterizations by threading a thin tube into a vein or artery in the groin and maneuvering the tube to the coronary arteries or heart. In most cases, the patient is awake and feels no pain. Soreness is to be expected in the blood vessel where the catheter was inserted. Known risks and complications associated with cardiac catheterization include: infection, damage to involved blood vessels, arrhythmias, low blood pressure (hypotension), blood clots, heart attack, congestive heart failure and allergic reactions to dye causing kidney damage.

Continue reading "Syracuse New York Emergency Room Physicians May Overuse Cardiac Catheterization For Chest Pain" »

Children's Hospital researchers recently announced that a procalcitonin test may help identify serious bacterial infections in children without the need for hospitalization, invasive testing (such as a spinal tap), or medication.

According to Syracuse, New York infection lawyers Bottar Leone, PLLC, one of the most significant signs of an ongoing disease process in children is a fever. Most infant visits to an emergency room are for fever. As many as 20% of fevers have no identifiable cause. While a fever may be a symptom of something as minor as a cold or the flu, a fever may also be a sign of a very serious infection, such as meningitis, bacteremia, pneumonia or urinary tract infection. The failure to diagnose meningitis can result in brain damage or death.

As many as 12% of "well-appearing" children in the emergency room are very ill. Emergency room doctors should not rely solely upon whether a child has a fever to determine whether a baby is sick, especially in children under the age of 3 months. In turn, most order a battery of tests, including analysis of blood, urine and spinal fluid. Performing a procalcitonin test may allow emergency room personnel to quickly identify whether a child is at low-risk for a serious bacterial infection.

Continue reading "Child Bacterial Infections Marked By Fever Diagnosed With Procalcitonin" »

Crouse Hospital recently received the American Stroke Association's 2010 award for Silver-Plus Performance Achievement. The award recognizes Crouse Hospital's commitment to stroke care, including timely recognition of stroke symptoms and prompt treatment by tPA, where appropriate. The hospital's pledge to patients should lead to a lower number of misdiagnosed strokes and permanent disabilities.

Strokes kill more than 100,000 people every year, and are a leading cause of long-term disabilities. 75% of strokes occur in people over age 65. Strokes are more common in women and African Americans. Stroke symptoms include: numbness of face, arm or leg; sudden confusion; vision disturbances; difficulty speaking; absence of coordination; and a "thunderclap" headache.

Nearly 90% of strokes are ischemic, which is where a blood clot prevents blood from flowing. tPA can be used to treat ischemic strokes, provided it is administered quickly. Failure to administer tPA may be due to medical malpractice such as an emergency room error.

Continue reading "Syracuse New York's Crouse Hospital Stroke Errors Low Per American Stroke Association" »

In April of 2009, St. Joseph's Hospital Health Center, a Syracuse hospital, received chest pain center certification by the Society of Chest Pain Centers. St. Joseph's Hospital mistakes are expected to decrease with the accreditation because the certification means that the hospital is committed to state-of-the-art care, including prompt identification of a heart attack and quick treatment. The faster that a heart attack is treated, the better the outcome.

A heart attack may not be treated quickly for several reasons. First, many people do not go straight to the hospital after they experience chest pain. On average, most heart attack victims do not arrive in an emergency room until two hours after a heart attack stops. From there, emergency room errors may lead to improper triage and a patient may not see a physician, or specialist such as a cardiologist, for several hours. Where patients are promptly seen by emergency room staff, chest pain due to a heart attack is commonly misdiagnosed as indigestion and patients are frequently sent home without life-saving treatment.

Continue reading "Syracuse Heart Attack Lawyers On St. Joseph's Hospital Chest Pain Accreditation" »

Upstate University Hospital, a 378 bed facility located in Syracuse, New York, recently secured the LIFENET System for use within the hospital. LIFENET is a computerized system that monitors ECG changes in order to reduce treatment time for patients suffering from a heart attack. More specifically, patients suffering from an ST elevated myocardial infarction, or STEMI. As STEMIs quickly damage heart muscle, they must be diagnosed and treated quickly by emergency room staff. Ideally, within ninety (90) minutes. Where treatment is not administered promptly, whether due to a failure to diagnose a heart attack, hospital negligence, or an inexplicable delay, patients have a less positive outcome.

Percutaneous treatment for heart attacks usually consists of stent placement or angioplasty. Open heart surgery may also be necessary. According to Hani Kozman, M.D., director of the Cardiac Catherization Lab at Upstate Medical University, "[h]aving this new system will enable Upstate University Hospital to better meet the guideline of treatment in 90 minutes or less, as recommended by the American Heart Association and the American College of Cardiology."

LIFENET will notify healthcare providers of the nature of a patient's heart attack. Perhaps even before they arrive at the hospital emergency room. This should reduce door-to-balloon (DTB) time.

Continue reading "Heart Attack Damage To Decrease At Upstate University Hospital With LIFENET" »