Syracuse Medical Malpractice Lawyer Blog

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.

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.

With Spring comes more sunshine and more time outdoors for Central New York residents, including children living in Syracuse, Ithaca, Oswego, Utica, Rome, Herkimer, Watertown and Binghamton. At the same time, more time outdoors means more exposure to Lyme Disease. Syracuse New York Lyme Disease lawyers Bottar Leone, PLLC, warn residents to check their arms and legs for ticks!

Lyme Disease is a largely tick-borne disease that is passed to humans through a bug bite, which is usually followed by a rash and/or bulls eye shaped red mark. Additional signs and symptoms include a flu-like feeling, fever, chest congestion, headache, nausea, and joint pain. Unfortunately, a Lyme Disease rash is often misdiagnosed as poison ivy or ringworm. Other symptoms are commonly confused with the flu or a musculoskeletal injury.

The failure to diagnose Lyme Disease can have devastating consequences, including brain damage due to meningitis, heart damage due to infective endocarditis, Lyme arthritis and Bells' Palsy. Generally, Lyme Disease is diagnosed by a blood test and, if positive, is treated with either oral or intravenous amoxicillin (depending upon the stage of the disease).

Continue reading "Failure To Diagnose Lyme Disease Can Cause Meningitis and Palsy In Syracuse New York" »

Gestational diabetes is a condition where a pregnant woman develops high blood sugar levels, or diabetes, during pregnancy. As many as 1 in 25 women experience some degree of gestational diabetes as pregnancy hormones block the action of naturally produced insulin. Insulin is the chemical the body uses to break down sugar in the blood.

According to Syracuse New York gestational diabetes lawyers Bottar Leone, PLLC, well-known blood sugar level benchmarks may soon be revised in order to better diagnose and treat women diagnosed with diabetes during pregnancy. Soon to be released revised guidelines will result in more women carrying the diagnosis of gestational diabetes, as well as better care for blood glucose levels which may pose a threat the health and safety of a mother and her unborn fetus.

Historically, a fasting blood sugar level of 92 mg/dL was considered "safe," as was a one-hour level of 180 mg/dL and a two-hour level of 153 mg/dL. New standards will set the bar much lower. Medical intervention at lower maternal blood glucose levels should reduce the number of premature deliveries, shoulder dystocias due to big babies, and a high blood pressure condition called preeclampsia. A failure to diagnose preeclampsia can cause maternal heart failure, and death.

The failure to diagnose gestational diabetes can have serious consequences, including maternal or fetal death, maternal or fetal heart damage, Erb's palsy, cerebral palsy, polycythemia, jaundice and hypocalcemia.

Continue reading "Watertown New York Women With Gestational Diabetes At Risk For Preeclampsia, Palsy And Birth Injury" »

A recent study of Medicaid patients reveals that the better a patient follows a blood pressure medication prescription, the lower the patient's risk of stroke and, ultimately death.

According to North Country medical malpractice lawyers Bottar Leone, PLLC, patients who took just one more pill (a week) decreased their risk of stroke by nearly 10%, and their risk of death by around 7%. Most of the nearly 50,000 patients in the study were on two blood pressure medications; however, some were taking as many as six. Roughly 60% of the patients did not fill their prescriptions 80% of the time. These patients, known as non-adherent patients, were .5% more like to die over a five-year period.

There are many different types of blood pressure medications. Diuretics, such as Amiloride, Bumetanide, Chlorothiazide, Chlorthalidone, Furosemide, Indapamide and Spironolactone, decrease blood pressure by causing the body to purge excess fluids and sodium. Angiotensin Converting Enzymes (ACE) inhibitors, such as Benazepril, Captopril, Enalapril, Fosinopril, Lisinopril and Moexipril, decrease blood pressure by allowing blood to flow more freely, which makes the heart's job easier. Beta blockers, such as Acebutolol, Atenolol, Betaxolol, Bisoprolol, Carteolol, Metaprolol, Nadolol and Sotaolol, decrease blood pressure by decreasing heart rate and cardiac output.

Continue reading "Watertown New York Stroke Misdiagnosis Lawyers Recommend Taking Blood Pressure Pills" »

Prostate cancer affects the prostate gland. The prostate gland is part of a man's reproductive system. It is a marble-sized structure that wraps around the urethra, which is the tube that carries urine from the body.

Often, prostate cancer is misdiagnosed as benign prostatic hyperplasia (BPH). The symptoms for each are similar, including difficulty urinating, pain when urinating, pain with ejaculation and lower back pain. Prostate cancer can also be associated with incontinence and blood in the urine.

Generally, prostate cancer is treated by radiation therapy or surgical removal of the prostate. That therapy usually takes seven (7) weeks. However, Hematology Oncology Associates of Central New York, based in Syracuse, promises five day treatment with the Cyberknife. Cyberknife is a stereotactic radiosurgery device which allows for very precise removal of prostate cancer.

Continue reading "Syracuse Hematology Oncology Associates Promises 5 Day Prostate Cancer Treatment" »

The Irish High Court ruled that a mother was rendered incontinent due to ob/gyn medical malpractice arising out of the birth of her child. According to reports, the woman sustained internal and external sphincter muscle tears due to forcep use and vacuum use during labor. While double instrumentation was employed to facilitate the delivery, significantly increasing the risk of injury to the mother and baby, the internal sphincter muscle injury went undiagnosed. In turn, the woman was left with incontinent.

Continue reading "Failure To Diagnose Birth Trauma To Sphincter Leaves Mother Incontinent" »

Scoliosis is a musculoskeletal condition which involves curvature of the spine. Signs and symptoms of scoliosis in children include a spine that appears crooked, poor body posture, uneven shoulders, uneven hips, uneven legs and back pain. In extreme cases, scoliosis may also make it difficult for a child to breathe.

If diagnosed early, scoliosis is often treated by wearing a back brace. However, where a pediatrician fails to diagnose scoliosis, or misdiagnoses scoliosis symptoms as growing pains, more aggressive medical care may be necessary to correct the curvature, such as back surgery. Sometimes, the spinal curvature cannot be corrected.

According to a recent study of nearly three hundred children diagnosed with scoliosis, bracing was effective. In fact, the three year success rate for bracing was 80%, as compared to 46% for observation and 39% for electrical stimulation. Available data supports the conclusion that timely diagnosis results in a better outcome.

Continue reading "Failure To Diagnose Scoliosis Delays Bracing In Children" »

Oligohydramnios near term may be an indication for delivery, either by induction or c-section.

During pregnancy, the baby floats inside the placenta in a liquid known as amniotic fluid. The fluid is swallowed by the fetus. It is then excreted by urination. The level of amniotic fluid within the placenta may be a marked for fetal distress. The failure to diagnose low amniotic fluid, or the failure to diagnose too much amniotic fluid, can cause a birth injury due to medical malpractice.

Oligohydramnios is a condition where there is not enough amniotic fluid. It is usually marked by an AFI of less than 6. Hydramnios and Polyhadramnios is a condition where there is too much amniotic fluid. It is usually marked by an AFI of greater than 18. Generally, if there is an appropriate amount of amniotic fluid, a doctor may assume that the baby's kidneys are functioning normally, which usually means that the heart is functioning normally, and on down the line.

Continue reading "Oligohydramnios, Hydramnios and Polyhydramnios: Birth Injuries Relating To Amniotic Fluid" »

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" »

Preeclampsia is a pregnancy complication affecting 10% of women. It is marked by high blood pressure and proteinuria (protein in the urine). Symptoms usually emerge in the 20th week of pregnancy, and include: headaches, hand and foot swelling (edema), excessive weight gain and, in extreme cases, blindness.

Preeclampsia must be timely diagnosed, because if left undiagnosed it can develop into eclampsia. Eclampsia can cause seizures, brain damage and death (for mother and child). Worldwide, preeclampsia is responsible for 500,000 infant deaths and 76,000 maternal deaths every year.

According to a recent study conducted by scientists at the Eunice Kennedy Shriver National Institute of Child Health and Human Development of the National Institute of Health, there may be a connection between maternal plasma concentrations and the risk for developing preeclampsia. The relationship between maternal plasma and preeclampsia should lead to a decrease in medical malpractice due to the late diagnosis of preeclampsia, as doctors will be able to screen for a patient's predisposition to develop the dangerous condition.

Continue reading "Failure To Diagnose Preeclampsia Decreases Through Use Of Biomarkers" »