DeFrancesco with a Big Win in Oneida

Christopher DeFrancesco won a defense verdict on behalf of a prominent capital district pain management specialist accused of medical malpractice.  Plaintiff was referred to pain management for evaluation of excruciating pain in the low back extending down the right leg after consultation with his chiropractor and a neurosurgeon.  Plaintiff was diagnosed with multiple herniated discs in the lumbar spine and treated with two epidural steroid injections.  It was subsequently discovered plaintiff had an abscess in the area of the inferior iliopsoas muscle. Plaintiff alleged the defendant physician ignored his complaints of hip and groin pain and failed to take an accurate medical history that would have revealed plaintiff struck his hip while playing racquet ball.  Plaintiff alleged the failure to take a proper history and consider acute pathology of the hip resulted in a delay in diagnosing the infection that allowed the abscess to infiltrate the hip joint leading to the need for a total hip replacement and permanent deficits.  Chris defended the case arguing plaintiff failed to give a complete and accurate medical history that included any indication of a hip injury.  His complaints were consistent with his well-documented history of low back pain and radicular leg pain.  The diagnosis of lumbar radiculopathy was supported by his reported history, the physician’s physical examination and imaging studies.  DeFrancesco further argued there was no evidence the hip joint ever became infected and that the need for the total hip replacement was the result of chronic arthritic changes to the hip.

 

After 45 minutes of deliberation the jury returned a unanimous defense verdict finding no negligence against the doctor and the practice.

SSK&S is one of the best law firms defending medical malpractice cases in upstate NY!

Diana Britton
Senior Claims Representative
Medical Liability Mutual Insurance Co.