Syracuse Personal Injury Law Blog

Man Killed in New York Motorcycle-Car Accident

Published on: October 12, 2018 | By Jeff DeFrancisco

Motorcycle accidents often lead to death of the motorcyclist. If you have lost a loved one in a motorcycle accident, you may be able to recover damages from the at-fault party through a wrongful death claim. For years, our highly skilled Syracuse motorcycle accident attorneys have been settling and litigating motorcycle injury claims. With vast experience, you can rest assured that we will fervently advocate for your rights every step of the way.

Earlier this week, the New York State Police investigated a deadly accident in which a car allegedly turned left directly into the path of a Harley Davidson. The motorcycle driver was pronounced dead at the scene. The driver of the car was arrested and charged with drunk driving and other traffic offenses. Law enforcement is still collecting information on the accident and requests that anyone who has relevant information reach out to police.

Fatal Motorcycle Accident Statistics

The National Highway Traffic Safety Administration’s 2016 fatal crash data reveals that motorcyclist deaths took place 28 times more often than deaths in other automobiles. The Insurance Institute for Highway Safety found that there were 34,439 fatal motor vehicle crashes in the United States in 2016 in which 37,461 deaths occurred. In New York, there were 965 fatal motorcycle crashes resulting in 1,025 deaths that same year.

20 People Killed in Upstate New York Limo Crash

Published on: October 5, 2018 | By Jeff DeFrancisco

Limousine accidents can result in catastrophic, even deadly injuries. If you or somebody you know was hurt in a limousine accident caused by carelessness or negligence, we believe we can help. Our trustworthy Syracuse personal injury attorneys will thoroughly investigate the crash and hold the responsible parties accountable. We know this process sounds daunting but you can trust that we will take care of each and every legal matter in your case so you can focus on your recovery.

Earlier this month, twenty people were killed following a limousine crash in Schoharie, New York. The limousine was headed to a birthday party when it failed to stop at an intersection and struck a parked vehicle. All seventeen passengers in the limo as well as the limo driver died instantly. In addition, two pedestrians near the unoccupied parked car were killed. There are still many unanswered questions about the cause of the crash. One thing is clear, however, the limousine had recently failed state inspection and was not supposed to be on the road at the time of the accident. In addition, the limo driver did not have the appropriate commercial driver’s license to be driving the limousine. As the investigation continues, these factors will undoubtedly be relevant.

Study Shows Physician Burnout is on the Rise

Published on: September 28, 2018 | By Jeff DeFrancisco

When physicians are overworked and generally fatigued, they are more likely to make mistakes on the job. These mistakes can seriously injure, even kill, their patients. If you were injured because of a healthcare professional’s error or negligence, you need the help of a seasoned Syracuse based medical malpractice attorney who can weigh the strengths and weaknesses of your claim. With a broad range of experience in New York medical malpractice law, we are devoted to protecting the rights of our clients throughout the legal process.

Physician Burnout Happening at Alarming Rates

The results for the Physicians Foundation’s national physician survey administered by Merritt Hawkins were recently released and they highlight how physician burnout is an alarming issue among doctors. In fact, physician burnout has increased over the past few years to the extent that about 77.8 percent responding physicians reported that they sometimes, often or always experience it in their medical practices. Approximately 39.2 percent of physicians in the study noted that among the least satisfying aspects of their medical practice was the Electronic Health Record design and interoperability problems they encountered. Only 28.6 percent of respondents actually attributed improved quality of care to EHRs.

Medical Malpractice Cases in Rochester

Physician burnout can significantly increase the risk of medical errors. If you were injured due to a medical professional’s error in judgment or carelessness, you can recover compensation via a medical malpractice lawsuit. Medical malpractice is the failure of a medical professional to provide care for someone in accordance with the accepted standards of the medical profession. When this failure results in injury or death to a patient, the medical professional will be liable for malpractice. Consider the following example: a surgeon performs knee replacement operation on the wrong knee. In such a scenario, the patient will have gone through unnecessary surgery, will require additional surgery for the problematic knee and will suffered pain and suffering for the mistake. The idea of medical malpractice law is the patient who suffers such wrongs at the hands of a medical professional deserves to be compensated for the harm. Continue Reading ›

Appeals Court Dismisses Malpractice Case Alleging Cancer Misdiagnosis

Published on: September 25, 2018 | By Jeff DeFrancisco

A missed or delayed diagnosis of thyroid cancer can have devastating consequences for a patient. If this has happened to you or someone you love, we are here to serve you. Our diligent Syracuse medical injury lawyers have extensive experience in New York medical malpractice, including cases of thyroid cancer misdiagnosis. You can rest assured that we are committed to providing skilled legal representation to you every step of the way so we can secure the compensation you rightfully deserve for your harm.

Boland v. Imboden

In a recent New York medical malpractice case, a woman filed a medical malpractice lawsuit alleging her doctor was negligent in diagnosing thyroid cancer. On appeal, the doctor claimed that the New York State Supreme Court improperly denied her motion for summary judgment to dismiss the complaint against her. In support of her motion, the doctor had provided evidence including an expert’s opinion that she had adhered to the appropriate standard of care in the case. In response, the patient failed to raise a triable issue of fact to defeat the motion. While the patient did submit an affidavit in support of her case, the medical expert’s opinion in the affidavit was speculative, conclusory and not supported by competent evidence. In short, the patient failed to meet her burden of showing how the doctor violated the appropriate standard of care. As such, the appeals court granted the doctor’s motion and dismissed the complaints against her.

Liability in Thyroid Cancer Misdiagnosis Cases

Thyroid cancer is the fifth most common cancer in the United States. This type of cancer is highly treatable if it is detected early. In most cases, the detection of thyroid cancer involves a primary care physician taking patient complaints seriously. If any early signs of thyroid cancer come up, the doctor will refer the patient to an endocrinologist who will perform diagnostic testing such as blood work, scan and/or a biopsy.

Foreseeability in New York Medical Malpractice Cases

Published on: September 18, 2018 | By Jeff DeFrancisco

Medical errors can have devastating consequences for a patient’s future. If you were injured because of a healthcare provider’s mistake or negligence, you should speak to an experienced Syracuse medical negligence lawyer as soon as possible. Many times, medical malpractice cases revolve around the question of foreseeability, which can be complicated. However, with wide-ranging experience in New York medical malpractice law, we know how to investigate your claim and get the answers needed to build the strongest possible case on your behalf.

The Concept of Foreseeability in Medical Malpractice Cases

The New York Court of Appeals has held that foreseeability of risk is an essential element of a medical malpractice claim because a medical professional is only at fault when the injury-producing occurrence is one that could have been anticipated. The idea is that no person can be expected to guard against harm from events, which are unlikely to occur, or events that are merely possible in the grand scheme of things. In short, the concept of foreseeability optimizes the process of determining whether a medical professional was negligent or not.

It is important to note that foreseeability does not mean that the precise occurrence needs to be foreseen. Rather, the plaintiff must only show that a reasonably competent medical professional in the same specialty, and under the same circumstances, ought to have anticipated that injury might result from the negligent act in question. Continue Reading ›

Construction Related Accidents on the Rise in New York

Published on: September 11, 2018 | By Jeff DeFrancisco

Construction accidents are not only physically painful, they can be scary in that they can create uncertainty about your personal and professional future. If you have been injured in a construction accident, you need legal counsel without delay. Our Syracuse construction accident lawyers are committed to helping hurt workers recover the compensation they need to move on with their life.

Construction Accidents Soaring

Construction related deaths have doubled and injuries have risen by 17 percent amid the building boom in New York. In fact, eight people died in construction accidents in the first seven months of 2018 compared to four over the same time period in 2017, according to the city Buildings Department. Through July of this year, approximately 469 people were injured in 457 on-the-job accidents.

Liability in Construction Accident Cases

Under New York law, individuals who are injured on the job are covered by Workers’ Compensation. Fortunately, workers’ compensation is not the only option to those who are injured at the workplace. While New York law prevents construction workers from suing their employers, it does not preclude them from pursing damages from other third parties who were at-fault for the accident. A third party is someone other than the worker’s employer or co-worker and may include contractors, subcontractors, manufacturers and any other third parties who may have played a role in the accident.

Syracuse Electric Car Accident Attorneys

Published on: September 4, 2018 | By Jeff DeFrancisco

Environmental concerns and high gas prices make electric cars a desirable option. It is no wonder electric cars are becoming more and more popular in New York and across the United States. If you have been injured in an accident involving an electric car, you may be able to recover compensation for your harm. Our Syracuse auto accident attorneys will examine the facts of your case and help you explore your legal options.

Tesla Model 3 Earns a Perfect Safety Rating

The Tesla Model 3 earned a perfect 5-star rating from the National Highway Traffic Safety Administration’s (NHTSA) assessment. The rear-wheel drive version of the car got perfect marks for front and side impact protection and rollover prevention. NHTSA also noted that the vehicle comes with a full suite of electronic safety aids, including crash warning, automatic emergency brakes and land departure warning, though none of these features were used during the crash tests. The Model 3 follows in the footsteps of the Tesla’s Model S and Model X, both of which also received five-star ratings in the past.

Liability for Electric Car Accidents

With innovations made by companies like Tesla, we are seeing a rapid rise in the number of electric cars on the road. Many of these vehicles have self-driving features that can be very appealing, but, because they are so new, they can also have glitches that can lead to a serious accident. Of course, pinpointing the cause of an accident can be complicated.

Tire Accident Kills New York City Police Department Employee on Expressway

Published on: August 31, 2018 | By Jeff DeFrancisco

We tend to think that big rigs are the most dangerous trucks on the road, when the reality is that all types of trucks can cause devastating accidents if truck drivers are not careful behind the wheel. If you have been injured or if you have lost a loved one in an accident caused by a truck driver’s negligence, you may be entitled to compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, our seasoned Syracuse truck accident attorneys can assess the merits of your case and help you understand your rights.

A civilian employee of the New York City Police Department was recently killed in an accident on a local expressway when a spare tire fell off a truck and smashed into his car, according to law enforcement.

The victim was traveling east on the Gowanus Expressway in Brooklyn early in the morning when a garbage truck traveling in the opposite direction had a rear tire that suddenly became unhinged. The tire flew over the center median and struck the victim’s windshield, at which point the car crashed into the median. The victim, who was found unconscious and unresponsive, suffered severe head trauma and was pronounced dead shortly thereafter at a nearby hospital.

New York Medical Malpractice Involving Keratitis

Published on: August 24, 2018 | By Jeff DeFrancisco

Eye infections can be extremely serious. If you or someone close to you has suffered harm due to a missed or delayed diagnosis of an eye infection such as keratitis, you may be entitled to compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, our skilled Syracuse medical malpractice attorneys can examine the facts of your case and help you determine your legal rights and options.

Keratitis is an infection of the cornea that causes pain and inflammation. It may be mild, moderate, or severe. Keratitis occurs when germs invade the cornea, which is the clear dome that covers the color portion of the eye. Eye doctors are trained to recognize the signs and symptoms of keratitis, such as pain, tearing, redness, and blurring of vision. The patient may indicate that the eye hurts when they look at light. In addition, the eye may appear red and watery. In serious cases, the cornea may appear gray or have a grayish tinge. Keratitis can be classified in one of five ways: viral, bacterial, fungal, amoebic, or parasitic.

When patients seek medical attention in a timely manner, an eye doctor can easily treat most complications of keratitis. If a medical professional fails to diagnose and treat the condition in a prompt manner, however, the results can be devastating to the patient, and the patient may experience an outcome such as limited vision, perforation of the cornea, long-term vision loss, or the loss of an eye.

Medical Malpractice in New York Can Be Caused by Language Barriers

Published on: August 17, 2018 | By Jeff DeFrancisco

Language barriers can impose serious hurdles when it comes to diagnosing and treating medical conditions. If you have incurred medical expenses or suffered harm due to a communication error, you may be entitled to compensation. At DeFrancisco & Falgiatano Personal Injury Lawyers, our Syracuse medical malpractice lawyers can conduct an in-depth investigation to uncover the cause of the injury and help you determine your rights. You can rest assured that we can help you build a case that will not only provide accountability and justice for you but also protect others from suffering a similar experience.

Communication issues caused by language barriers seem to be a bigger problem than you may imagine in the United States. According to census data, as many as 1 in 10 working adults in the country have limited English-language proficiency. The 1964 Civil Rights Act and subsequent laws require hospitals and other medical facilities that offer medical services and receive federal funds to give “meaningful access” to patients so that they can make informed decisions regarding their health. In addition, studies reveal that patients with limited English-speaking proficiency are more likely to experience adverse events than English-speaking patients.

Inadequate communication may lead to delays in diagnosis, incorrect diagnoses, treatment errors, and the inability of the patient to correctly comply with treatment recommendations, and they may cause other issues as well. Despite these potential problems, many people who need interpreters do not have access to them. In some cases, people’s children or relatives serve as interpreters, but this is not always appropriate because non-medical interpreters often do not know the medical language to explain things fully and properly.