Syracuse Personal Injury Law Blog

New York Appellate Division Affirms Summary Judgment to Doctor in Otolaryngology Malpractice Lawsuit

Published on: January 28, 2019 | By Jeff DeFrancisco

New York medical malpractice lawsuits can involve many different types of injury to the body – even wrongful death. One recent case involved a claim brought by a woman who believed that she had suffered loss to her hearing and other injuries due to her doctor’s allegedly negligent treatment of an ear infection.

Unfortunately, both the trial court and the appellate court sided with the woman’s doctor, finding that no actionable medical negligence had occurred.

Facts of the Case

A case recently considered by the Supreme Court of the State of New York, Appellate Division, Second Judicial Department, involved a medical malpractice claim brought by the plaintiff patient against the defendant doctor seeking compensation for hearing loss that the plaintiff allegedly suffered due to the defendant’s negligent prescription of a certain medication to treat an ear infection. The plaintiff further averred that the defendant had failed to instruct her properly as to the administration of the drug at issue.

New York Appellate Court Grants Summary Judgment to Defendant in Slip and Fall Case

Published on: January 23, 2019 | By Jeff DeFrancisco

Slip and fall accidents are all too common. A business may neglect to clean up snow and ice in a timely fashion, or an area grocery store may have an employee who doesn’t clean up a spill after being told to do so. These and many other scenarios can lead to a Syracuse premises liability lawsuit. Like other negligence actions, the plaintiff must be able to prove that the defendant breached a legal duty to him or her and that this was the proximate cause of his or her personal injuries in order to prevail at trial.

This can be a difficult proposition, especially if the allegedly dangerous condition was only present for a short time. Having effective legal representation can help improve the plaintiff’s chances of success on the merits of his or her claim.

Facts of the Case

The plaintiff in a recent case was a woman who sought monetary compensation for personal injuries she suffered during a slip and fall accident on the premises of an apartment building. She filed suit against the defendants, the owners of the building, seeking payment for her medical expenses, pain and suffering, and other damages resulting from the fall. According to the plaintiff, her fall occurred due to the wet condition of a staircase at the building, and the defendants either knew about the condition or, in the exercise of due diligence, should have known about it.

New York Court Reverses Spoliation Sanctions Against Medical Center Following Alleged Malfunction of Opioid Medication Pump

Published on: January 16, 2019 | By Jeff DeFrancisco

It is not unusual for a New York medical malpractice lawsuit to evolve into multi-faceted litigation involving several defendants and multiple theories of liability. For instance, a medical negligence lawsuit against a doctor or hospital could, under certain circumstances, grow to include a possible product liability lawsuit against the maker of an allegedly defective medical device.

Facts of the Case

In a case recently ruled upon by the New York Supreme Court, Appellate Division, Fourth Judicial Department, the plaintiffs were a former medical patient and the patient’s husband. According to their complaint, filed in the Supreme Court of Niagara County, the patient was admitted to the defendant medical center for surgery in 2008. After her surgery, the patient was given a patient-controlled analgesia infusion pump that allowed her to self-administer pain medication with the push of a button. The pump was supposed to have a “maximum dosage” feature, but, after using the pump without incident for several hours, the patient suffered an adverse medical event that necessitated her receiving an emergency opioid-reversing medication and being transferred to intensive care for additional treatment.

The plaintiffs filed suit in 2011, seeking compensation for the alleged negligence and medical malpractice of the defendant medical center and others. In an amended complaint, the plaintiffs sought monetary damages from the manufacturer of the pump, but that litigation stagnated because the medical center could not identify which of the 12 pumps it possessed was the pump that allegedly harmed the plaintiff. Eventually, the trial court dismissed the complaint as to the manufacturers, but the appellate court reversed that decision. On remand, the plaintiffs moved for sanctions against the medical center for spoliation of the pump. The trial court granted the plaintiffs’ motion for an adverse inference charge at trial as a sanction for its spoliation of evidence. The medical center appealed.

New York Court Allows Plaintiff in Car Accident Case to File Otherwise Untimely Claim Based on “Relation Back”

Published on: January 4, 2019 | By Jeff DeFrancisco

Timeliness is very important in a New York automobile accident case. If a claim is not filed within the statute of limitations, there is a strong likelihood that it will be dismissed by the court on procedural grounds.

However, there are a few – a very few – exceptions to this general principle. One of these exceptions is based on a doctrine known as “relation back,” under which a late-filed claim can be “dated” as if it were filed earlier. However, this doctrine only applies to claims relating to a lawsuit that has already been timely filed.

Facts of the Case

In a recent case, the New York Court of Appeals was called upon to consider the various issues arising in three consolidated actions filed as a result of multi-vehicle accident that occurred in 2011. The accident happened when a vehicle (in which several employees of a certain business were riding) stalled on a bridge. That car was struck from behind by a second car, which was then hit by a third car. One of the passengers in the first car died from injuries suffered in the wreck.

Brooklyn Bicyclist Killed in a Hit-and-Run Accident

Published on: December 31, 2018 | By Jeff DeFrancisco

No matter how careful you are and how much protective gear you have on when you ride your bicycle, a negligent motorist can hit you at any time. If this has happened to you or someone you know, you need to seek the help of a skilled Syracuse personal injury lawyer who can help. At DeFrancisco & Falgiatano Personal Injury Lawyers, we understand the devastating impact that a bicycle accident can have on the victim and his or her family.

Law enforcement are investigating a hit-and-run accident that took place in Brooklyn and left a bicyclist dead recently. The 21-year-old victim was riding in a bike lane parallel to a truck as both approached the road. The truck allegedly made a right turn and hit the bicyclist, dragging the bicyclist for several feet before driving off. The victim was on an electronic bike and was wearing a helmet at the time of the wreck. Tragically, he was pronounced dead at the scene of the incident. Police are still looking for the truck and have mentioned that the truck driver may not have known that he hit the cyclist.

Liability for Bicycle Accidents

Bicycle accidents can leave individuals seriously injured, in some cases, even restricting their mobility permanently or causing death. If you have been in a bicycle accident caused by someone else’s negligence, you may be able to sue the at-fault party. Negligence is the failure to behave with the level of care that someone of ordinary prudence would have exercised under the same or similar circumstances. The behavior typically consists of actions but can also involve omissions, namely when a person fails to act when they have a duty to do so. To establish negligence, the party filing the lawsuit has the burden of proving the following: the defendant owed the bicyclist a duty of care; the defendant breached the duty of care owed to the bicyclist; and the defendant’s breach was the direct cause of the bicycle accident and the bicyclist’s resulting harm.

Woman Sues Physician for Near-Death Experience During Butt-Lift Surgery

Published on: December 26, 2018 | By Jeff DeFrancisco

While butt-lifts have quickly become one of the most popular cosmetic procedures in the United States, the surgery can be extremely dangerous. If you have experienced harm due to a plastic surgeon’s negligence in performing a butt-lift, you need to reach out to a trusted Syracuse surgery malpractice attorney. At DeFrancisco & Falgiatano Personal Injury Lawyers, we will be able to examine the circumstances surrounding your injury and determine whether the adverse outcome was the result of malpractice.

Recently, a 31-year-old woman sued a Miami hospital for a near-death experience after a butt-lift operation. The woman, who travelled from California to Miami for the operation, claims that she remembers nurses and doctors shouting, “she’s bleeding! More blood, more blood!” in the operating room. The mother of two says she faded in and out of consciousness until the doctor’s staff called 911. At the hospital, the emergency room physician’s treated the patient’s punctured lumbar artery. To make matters worse, it turned out that the plastic surgeon who performed the initial procedure was not certified by the American Board of Plastic Surgery although he claimed he was. The woman filed a medical malpractice against the plastic surgeon and the hospital.

Syracuse Plastic Surgery Malpractice

While this incident happened in Florida, the reality is that plastic surgery errors are also common in New York. Individuals who opt for plastic surgery either do so to improve their appearance, correct disfigurement or for health reasons. If you have been injured as a result of a botched plastic surgery, you may be able to hold the surgeon accountable through a medical malpractice claim.

Brooklyn Construction Worker Killed at Work Site

Published on: December 17, 2018 | By Jeff DeFrancisco

Sadly, many workplace injuries and deaths are the result of dangerous work conditions. If you have suffered an injury on-the-job, you may be eligible to obtain compensation. At DeFrancisco & Falgiatano Personal Injury Lawyers, our Syracuse construction accident attorneys will meticulously analyze the particulars of your injury and help you determine your next steps. You can trust that we are devoted to making sure you get the highest possible damages amount in your case.

Last week, a Brooklyn construction worker was struck by falling construction material at a work site. Law enforcement claim the construction worker was hit by the falling object as he was working. He was rushed to the hospital where he succumbed to his injuries. The city’s Department of Buildings is investigating the cause of the accident. Sadly, incidents like this are common. Data from the Occupational Safety and Health Administration (OSHA) reveals that falls are the leading cause of death in construction. In 2015, 364 out of 937 total deaths in construction were the result of falls, meaning nearly 40 percent of all construction deaths were due to falls.

Liability for New York Work Accidents

Every employer and company involved in a construction project has an obligation to make sure the worksite is safe and that there are safety protocols in place to minimize the chance of injury or death to workers. If a falling object has injured you at work, your legal recourse depends on the specific circumstances of your case. While construction workers are generally entitled to workers’ compensation benefits in New York, these benefits only cover certain medical expenses, disability benefits and only cover a portion of an employee’s lost wages. In addition, workers’ compensation does not compensate an injured worker for pain and suffering.

Doctor’s Decision to Stop Medication Leads to Lawsuit After Patient Suffered a Stroke

Published on: December 10, 2018 | By Jeff DeFrancisco

Deciding when a patient should or should not be on medication is a critical part of a doctor’s job. However, the decision is not always clear-cut and, many times, the doctor must use his or her discretion after weighing both the benefits and potential risks associated with administering the medication. If you have been injured by a medication error, you might be able to recover compensation in your case. At DeFrancisco & Falgiatano Personal Injury Lawyers, our diligent Syracuse medical malpractice attorneys will parse your claim and devise a legal plan that maximizes your chances of recovery.

In a recent case, a 72-year-old man was brought into the ER of a hospital complaining about shortness of breath for the past few hours. He was about 30-40 pounds overweight and was sweating profusely. He suffered from hypertension for which he was on medication for a number of years. The patient was also a former smoker and indicated that he led mostly a sedentary lifestyle.

After relevant tests were conducted, the doctor diagnosed the patient with congestive heart failure and atrial fibrillation and prescribed him a blood thinner. The patient’s condition improved over the next few months and the doctor decided to take him off the blood thinners. The man later had a stroke that left him permanently disabled and confined to a wheelchair. He sued the doctor for malpractice.

Hepatitis C Malpractice in Syracuse

Published on: December 3, 2018 | By Jeff DeFrancisco

Hepatitis C can have serious and long-term consequences for a patient’s life and, in some cases, even lead to death. If you believe that you or a loved one was exposed to Hepatitis C due to the negligence of a medical professional, you could potentially be entitled to make a financial recovery. At DeFrancisco & Falgiatano Personal Injury Lawyers, our reliable Syracuse medical malpractice attorneys offer clients a free consultation to help them understand their legal options and avenues. With years of experience, we are committed to protecting the rights of clients across New York.

Hepatitis C is categorized as a virus that affects the liver and blood. The illness can range in severity from mild, lasting only a few weeks, to severe, lasting an entire lifetime. When it is serious, it can cause problems such as cirrhosis (scarring of the liver) and liver cancer. Hepatitis C is so dangerous because it can stay dormant outside the body until it enters a human being. In fact, most people have no symptoms but it can develop into a chronic infection. Unlike Hepatitis A and B, there is no vaccine for Hepatitis C. The condition can be deadly and is spread through blood contact, for example, through the use of dirty needles, poorly sterilized medical equipment and/or transfusions.

Filing a Medical Malpractice Claim for Hepatitis C

Medical professionals who cause patient harm due to carelessness or misconduct should be held accountable for their actions. If you believe that you were infected with Hepatitis C due to a medical professional’s negligence, we may be able to help you get the justice and compensation you deserve through a medical malpractice claim. Medical malpractice takes place when a healthcare provider fails to adhere to the standard of care that a reasonably competent healthcare provider would have used in the same or similar situation, thereby causing injury to a patient.

Bicyclist Seriously Hurt After Being Struck by Private Garbage Truck in Midtown

Published on: November 30, 2018 | By Jeff DeFrancisco

Garbage trucks accidents, whether publicly or privately operated, can lead to devastating harm. If you’ve sustained injuries or your loved one has died in an accident involving a garbage truck, you need to consult a seasoned Syracuse personal injury attorney who can help you make sense of what happened. At DeFrancisco & Falgiatano Personal Injury Lawyers, we are committed to helping our clients recover the damages award they need to move on with their life.

A private sanitation truck ploughed into a bicyclist in Midtown last month. The 43-year-old bicyclist was traveling southbound when the truck sideswiped the bicycle late into the evening. The bicyclist was rushed to a nearby hospital and was in critical, but stable condition. In other words, the injuries were not life threatening. The driver remained at the scene of the wreck and made no attempt to flee. Private garbage trucks in New York have been responsible for 20 fatalties since 2016. Given how often these trucks are involved in serious and even deadly accidents, the state has been cracking down on these vehicles.

Liability for a Garbage Truck Accident