Syracuse Medical Malpractice Lawyer Blog

Do you know you statistical risk for a heart attack?

The American Heart Association wants you to know so that you can control your risk factors and avoid or delay the onset of heart disease and complications like a myocardial infarction (MI). The AHA heart attack risk calculator can be found here.

Computer-based risk calculators take a number of variables into consideration, such as a person's age, gender, cholesterol levels, lifestyle, activity level, body habitus, blood pressure, and history of heart disease and diabetes. With this information, a heart attack risk calculator can estimate your chances of a problem over the next 5-10 years. "If calculators like these are available to doctors throughout the State of New York, we may see a decrease in the number of missed opportunities to intervene and save a life," said Syracuse medical malpractice lawyer Michael A. Bottar, of Bottar Leone, PLLC.

When patients report to their physician or an emergency room with complaints of chest pain, shortness of breath, jaw pain, sweating, and/or left arm pain, the heath care provider should analyze these variables and arrive at a differential diagnosis that includes the possibility of a heart attack. When doctors fail to consider and/or rule out a heart attack as a potential cause of a patient's complaints and, instead, make a diagnosis of, e.g., shoulder strain or heart burn, and the failure to diagnose a heart attack causes damage to the heart muscle (i.e., diminished ejection fraction), the patient may have a cause of action against the doctor for medical malpractice. If the patient dies following premature discharge from a hospital, the patient's family may have a cause of action for wrongful death.

Continue reading "Syracuse Heart Attack Risk Calculator Available Online" »

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" »

Severe sepsis affects more than 750,000 people every year. "Our New York medical malpractice lawyers often file lawsuits alleging that a doctor or hospital failed to diagnose sepsis before it was too late," said Syracuse wrongful death lawyer Michael A. Bottar, Esq., an attorney presently prosecuting several sepsis-based lawsuits.

The failure to diagnose sepsis is a common error. Unfortunately, sepsis, which is also known as blood poisoning, can result in a wrongful death. More than 200,000 every year. "It is the leading cause of death in the non-coronary ICU," Bottar added.

Fortunately, help may be on the way. A new credit-card sized device being tested in Germany may aid physicians in quickly diagnosis sepsis. The tool, called MinoLab, may enable a doctor to diagnose sepsis in as little as 1 hour. Presently, analysis can take as long as 48 hours.

Signs and symptoms of sepsis include a fever, chills, severe shaking, tachycardia (i.e., high heart rate), low blood pressure, confusion, a decrease in urine output, and painful joints. If sepsis is timely diagnosed, it can be treated with intravenous antibiotics, vasopressors and corticosteroids, as well as intravenous fluids and surgery if the source of the infection can be identified and removed. Sepsis is a medical emergency. One out of of every 3 patients who develop "severe" sepsis will die within 30 days.

Continue reading "New York Failure To Diagnose Sepsis Lawsuits To Decline With MinoLab Test" »

"Even though an appendicitis is a clinical emergency, it is commonly misdiagnosed," said Syracuse pediatric malpractice lawyer Michael A. Bottar, Esq., of Bottar Leone, PLLC. As many as 1 out of every 5 cases of appendicitis is not diagnosed before the appendix perforates (i.e., ruptures), which can lead to serious health problems including a periappendiceal abscess, peritonitis, an intestinal blockage, sepsis and death.

An appendicitis, or inflammation of the appendix, is caused by an obstruction of the appendiceal lumen. Signs and symptoms of an appendicitis, which typically strikes between the ages of 2 and 30, include (1) diffuse abdominal pain developing over 4-48 hours, (2) nausea, (3) vomiting, and (4) loss of appetite. When acute (i.e., inflamed), it is a "surgical" disease, meaning that it is treated by surgery as opposed to antibiotics. Surgery to remove the appendix is known as an appendectomy.

New York has one of the highest densities of pediatricians in the United States, with more than 150 pediatricians for every 100,000 children (second only to Massachusetts). This is a reassuring statistic because, according to a recent Reuters Health article titled Fewer Pediatricians, More Ruptured Appendixes, children who live in areas adequately staffed with pediatricians are more like to be timely diagnosed with an appendicitis and, in turn, are at 12% lower risk for rupture. According to the study underlying the Reuters article, a child's proximity to a hospital, emergency room doctor and/or surgeon did not decrease risk. Statistically, access to pediatricians seems to make all of the difference in avoiding complications from an appendicitis.

Continue reading "Failure To Diagnose Appendicitis Low Due To Number Of Pediatricians In New York" »

The kidneys are an essential part of the urinary system. They act as a natural blood filter and, as part of that process, divert waste products to the bladder where they are excreted through urine.

According to New York medical malpractice lawyer Anthony S. Bottar, Esq., a Bottar Leone, PLLC attorney handling Syracuse kidney failure lawsuits, "medical advancements have enabled physicians to diagnose kidney disease and kidney failure sooner and sooner. In turn, kidney dialysis is bring initiated earlier than ever. This may not be a positive development."

Guidelines released by the United States National Kidney Foundation provide that dialysis should not begin until a patient has been diagnosed with stage 5 kidney disease. A study recently published in the Canadian Medical Association Journal reported that the timing of dialysis bears directly on mortality (i.e., death). Approximately 25,000 patients were included in the study. Researchers followed whether each received "early" or "late" dialysis, based upon testing of the glomerular filtration rates. About 30% of the patients started "early," with a GFR greater than 10.5. The balance started "late." Surprisingly, those who started "early" had an 18% increased risk of death.

"It is well-known that the failure to diagnose advanced kidney disease is medical malpractice, this study suggests that a nephrologist may also be liable for the wrongful death of a patient by starting dialysis too soon."

Continue reading "Premature Dialysis Could Lead to New York Wrongful Death Lawsuit" »

"The failure to diagnose cancer is one of the most common types of New York medical malpractice lawsuits," said Syracuse lawyer Michael A. Bottar, Esq., of Bottar Leone, PLLC.

A new blood test developed by several Boston scientists will be brought to the market in the very near future through a partnership with Johnson & Johnson. Unlike currently available tests that can find tumor cells in blood, the new test dubbed a "liquid biopsy" will be able to capture whole cells that doctors can analyze. The new test can find one cancer cell in a billion or more healthy cells by using a microchip covered with 78,000 tiny posts that are coated with antibodies that bind with tumor cells when found. When blood cells are run over the hair-like posts, healthy cells "bounce off" and cancer cells "stick."

"Metastatic disease and death due late diagnosis of cancer should decrease," Bottar added. Historically, doctors administer a drug or therapy and have to wait months to perform imaging (e.g., a CT scan) to determine if the tumor has decreased in size. Many patients do not live long enough for oncologists to find a drug or therapy that works. The new test is promising because doctors will be able to determine, within a day or two, whether a particular cancer treatment is working.

Continue reading "New Blood Test Should Decrease Number of New York Failure To Diagnose Cancer Lawsuits" »

While it is well-known that birth control pills may increase the risk of a stroke, a new dangerous side-effect is receiving the attention of the medical field. According to a physician who spoke at the "50 Years of the Pill" conference last week in Washington, D.C., there is a strong link between the pill and an increased risk of breast cancer, as well as cervical cancer and liver cancer.

"The 'pill' was developed in the 1950s. Data suggests an astounding 660% increase in non-invasive breast cancer since 1973," said Michael A. Bottar, Esq., a New York medical malpractice lawyer with Bottar Leone, PLLC, a Syracuse-based law firm with decades of experience handling cases involving avoidable metastastic cancer. "Doctors should be aware of the potential association between the pill and cancer so that they can help their patients avoid the consequences of a failure to diagnose breast cancer, cervical cancer misdiagnosis, or late diagnosis of liver cancer."

Breast cancer, in particular, presents a very real risk for women, especially following a confusing U.S Preventive Service Task Force recommendation against yearly mammograms and breast self-examinations which we blogged previously in a post titled "Failures To Diagnose Breast Cancer May Increase Following Task Force Recommendations." Risk factors for breast cancer in women include increasing age, a prior breast cancer diagnosis, a family history of breast cancer, high breast tissue density, high-dose chest radiation, no children (or first child after age 30), and a long menstrual history.

Continue reading "Birth Control May Increase Cancer Risk For Women Living In Syracuse, Utica, Watertown and Binghamton New York" »

The American College of Cardiology Foundation and the American Heart Association recently announced guidelines for the use of nuclear imaging to diagnose and manage heart failure.

According to Syracuse misdiagnosis lawyer Michael A. Bottar, an attorney with Bottar Leone, PLLC, a Syracuse medical malpractice and catastrophic injury law firm, a failure to diagnose heart damage can lead to a wrongful death. Timely diagnosis is critical to survival.

Cardiology malpractice and New York emergency room mistakes can be avoided if doctors timely identify ventricular dysfunction and plan a course of treatment. A well-reasoned plan of care should include an attempt to determine the etiology of the heart problem. It is important for medical providers to know whether, for example, a patient is presenting with ischemic, dilated, valvular, or congenital heart failure. Each is treated differently. While a stethoscope is a very useful tool, imaging studies are essential to making the correct diagnosis.

The guidelines first recommend that a physician secure a two-dimensional echocardiogram. This study quantifies the heart's ejection fraction, as well as valve size and function (or dysfunction). From there, more complicated studies are available, including radionuclide ventriculography, coronary arteriography, myocardial perfusion imaging (MPI), and SPECT and MUGA studies.

Continue reading "Heart Attack Misdiagnosis In Syracuse New York To Decline With Nuclear Imaging" »

According to a recent clinical trial, the newly developed Cologuard sDNA test is better at detecting colon cancer than current non-invasive tests such as the fecal occult blood test.

Researchers report that the sDNA test identified 64% of pre-cancerous polyps and 85% of full-blown cancers. The test measures altered DNA cells in all locations throughout the colon. It is the first non-invasive test to identify pre-cancerous polyps. It requires no bowel preparation.

According to Michael A. Bottar, Esq., a New York colon cancer misdiagnosis lawyer with Bottar Leone, PLLC, a team of Syracuse medical malpractice lawyers, invasive screenings such as a colonoscopy or sigmoidoscopy are currently the "Holy Grail" for detecting colon cancer. Because those studies have risks, gastroenterologists are always searching for a highly accurent, non-invasive alternative.

As there are more than 150,000 cases of colon cancer every year in the United States, the Cologuard sDNA test may go a long way toward timely diagnosing colon cancer and toward eliminating the failure to diagnose colon cancer.

If you believe that your doctor has not acted on your complaints about blood in your stool, constipation, diarrhea, changes in your bowel habits and/or abdominal pain, or if you have been diagnosed with Stage II, III or IV colon cancer, and you would like to know whether your internist, family practitioner, or gastroenterologist could have diagnosed colon cancer sooner, contact us at 1-800-336-5297 or by e-mail at info@bottarleone.com.

According to a recent study published by the National Cancer Institute, a large number of primary care doctors, also known as internists, do not know whether low-dose spiral computerized tomography (LDCT) screening is effective in identifying lung cancer in asymptomatic patients.

Most (67%) of the doctors who participated in the study reported that LDCT is effective in reducing lung cancer risk. However, according to Syracuse medical malpractice lawyer Michael A. Bottar, Esq., "there is little if any evidence that such screening lowers the risk of death from lung cancer in these patients." The study is a cause for concern because primary care physicians that use LDCT as their only means of checking for lung cancer may fail to diagnose cancer. A contrasting study, published by the National Cancer Institute, suggests that screening heavy-smokers with a spiral chest CT may reduce the risk of lung cancer death.

At the present time, the American Cancer Society does not recommending lung cancer screenings for people without symptoms. Nearly 25% of all people with lung cancer do not have symptoms. When there are lung cancer symptoms, they generally include a nagging cough, coughing-up blood (hemoptysis), dull chest pain, wheezing, shortness of breath and repeated respiratory infections.

At Bottar Leone, PLLC, our team of New York cancer misdiagnosis lawyers have decades of experience handling cases involving lost chance of cure and metastatic cancer that causes death. To speak with an experienced Syracuse medical negligence lawyer, contact us at 1-800-336-5297 or by e-mail at info@bottarleone.com.

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" »