Syracuse Personal Injury Law Blog

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

Van Hits Seven Pedestrians, Kills One in Manhattan

Published on: November 23, 2018 | By Jeff DeFrancisco

If you have lost a loved one in an unexpected accident, you may be able to sue the at-fault party for compensation. While no amount of money can undo the pain of losing someone close to you, making a financial recovery can help you deal with the expenses that often arise in such situations. At DeFrancisco & Falgiatano Personal Injury Lawyers, our experienced Syracuse wrongful death attorneys are committed to compassionately helping families obtain the legal help they need.

A driver attempting to park a minivan in Manhattan’s busy Chinatown went over a curb and onto a sidewalk earlier this week, killing a 56-year-old man and injuring six others, according to law enforcement. At least two of the injured victims were in critical condition while two others had injuries that were severe but not life threatening. Unconfirmed reports suggested that the wreck was unintentional as the driver was trying to parallel park but hit the wrong pedal. The driver of the vehicle, who is 70 years of age, stayed at the scene of the accident. He also suffered injuries but refused medical attention.

Wrongful Death Claims in New York

Errors in Medical Records Can Lead to Malpractice Claim

Published on: November 16, 2018 | By Jeff DeFrancisco

Accurate and complete medical records are critical to providing safe and proper medical care to patients. If you suspect that your medical injury was the result of an error or omission in your medical record, you need to contact a skilled Syracuse medical malpractice attorney as quickly as possible. At DeFrancisco & Falgiatano Personal Injury Lawyers, we will critically evaluate the circumstances of your case to determine if malpractice occurred as well as your eligibility for compensation.

Errors in Medical Records

When an elderly couple moved to the other side of the country, they brought their medical files with them in a few cardboard folders. Within two days after the move, the man fell and went to a hospital for an assessment. While waiting to see a doctor, the man looked through the folder and realized that there were extensive notes on another patient with the same name. That patient to whom the file rightfully belonged had much more serious and complex health problems than the man who had possession of the file.

Syracuse Medical Spa Malpractice

Published on: November 9, 2018 | By Jeff DeFrancisco

Medical spas are more popular than ever both in New York and across the country. If you have been injured at a medical spa, you may be eligible to recover compensation for the harm you suffered. At DeFrancisco & Falgiatano Personal Injury Lawyers, our hard-working Syracuse medical malpractice attorneys have knowledge in this area of law and can make a determination about the viability of your claim. If we take on your case, you can be confident knowing that we will vigorously advocate for your rights throughout the entire legal process.

Medical Spas

Medical spas are unique in that they try to combine the classic spa elements with medical procedures to leave people looking and feeling their best. In short, these facilities try to rejuvenate the patient. Med spas typically offer a wide range of medical procedures such as facials, facial peels, laser hair removal, Botox injections and sometimes plastic surgeries.

Sadly, while med spas aim to make people feel refreshed, they may injure customers due to careless or unsafe practices within the facility. When medical spas do not adhere to proper safety standards or are careless when performing procedures, customers can suffer scarring, disfigurement and even result in life-threatening conditions. In the most serious cases, medical spa errors can lead to death.

Deceased Woman’s Estate Wins Millions for Botched Surgery in New York

Published on: November 2, 2018 | By Jeff DeFrancisco

Surgeons have an obligation to use the utmost care when performing a procedure. Sadly, this does not always happen. If you or a loved one has suffered injury due to a surgeon’s carelessness, error or misconduct, our trusted Syracuse surgical malpractice attorneys can help you seek the justice and compensation you deserve. At DeFrancisco & Falgiatano Personal Injury Lawyers, we are dedicated to helping victims of medical malpractice throughout New York.

A New Jersey woman checked into NYU Langone Hospital in November of 2011 for the removal of a benign polyp on her colon. During the surgery, the surgeon allegedly failed to notice that he had burned part of the patient’s small bowel, according to the plaintiff’s lawyer. The patient was in excruciating pain after the surgery. Despite this level of pain, it took the surgeon four days to order a CAT scan, which showed a severe infection. By the time the doctors went back in to operate, the patient was in septic shock and subsequently died. The woman’s family sued the doctor, and a Manhattan jury awarded the family $13 million.

Establishing Surgical Malpractice

Just like any other type of malpractice case, establishing surgical malpractice can be complicated. However, that does not mean you shouldn’t try, it just means you should have an experienced lawyer on your side who understand how to navigate this task. In New York, to prove surgical malpractice, you must show that there was a departure, on the part of the surgeon, from the recognized standard of care and that the patient’s injury or death was directly caused by the surgeon’s conduct. In short, the plaintiff must show that the doctor did something or did not do something that he or she was supposed to do, thereby injuring the patient. In the aforementioned case, the doctor was said to have burned a part of the patient’s small bowel and did not notice. This was considered a deviation from the recognized standard of care and a direct cause of the patient’s death, which is why he was found liable for malpractice.