Syracuse Personal Injury Law Blog

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.

Labor Day Traditionally Sees Spike in Auto Accidents in New York

Published on: August 15, 2018 | By Jeff DeFrancisco

If you or a loved one has been injured in a car accident, the Syracuse car accident attorneys at DeFrancisco & Falgiatano Personal Injury Lawyers can help. With years of experience representing New York clients in their personal injury claims, we can help you as well. Auto accident cases can quickly get complicated, and having the right attorney on your side can make all of the difference in your case.

An average of 10 people were killed each day between Memorial Day and Labor Day in crashes involving teen drivers last year, according to the AAA. Known as the so-called “100 Deadliest Days” of the year for driving, the time span between Memorial Day and Labor Day seems to show a 14 percent increase in deadly accidents involving at least one teenage driver as compared to the rest of the year. There is a 22 percent increase in the average number of nighttime crashes involving teen drivers during the same time frame when compared to the rest of the year. Under New York law, teenagers with a learner’s permit or junior license are not legally allowed to drive unsupervised from 9 p.m. to 5 a.m. In addition, junior license holders cannot have more than one unrelated passenger under the age of 21.

Teens are not the only ones who see spikes in accidents around this time. According to the National Highway Traffic Safety Administration, Labor Day averaged 308 fatalities per year over 2011 to 2015. Sadly, the stretch between Washington, D.C. and New York has the highest incidence of deadly accidents on any given holiday weekend.

Facial Paralysis Medical Malpractice in New York

Published on: August 8, 2018 | By Jeff DeFrancisco

Facial paralysis is a serious type of birth injury that prevents the muscles in the face from moving. If you believe your child suffered facial paralysis due to medical malpractice, we can help. By choosing DeFrancisco & Falgiatano Personal Injury Lawyers, you are selecting seasoned Syracuse birth injury attorneys who will work tirelessly on your behalf. You can rest assured that we will use our knowledge and resources to vigorously advocate for your rights throughout the legal process.

Facial paralysis, also known as Bell’s palsy, is a type of paralysis that results in an inability to control the facial muscles n the affected side. The condition is characterized by the swelling of the facial nerve, which then causes a droopy appearance around the eye and the mouth on the side of the face that was affected. The condition can range from mild to severe.

Studies show that per 1,000 births, newborns have facial paralysis in between 0.9 and 2.1 of them. Out of those who do not have the condition at birth, almost nine out of 10 are associated with a difficult labor. Specifically, during the delivery period, an infant’s face may have too much pressure on it, resulting in damaged nerves.

Speeding Collisions in New York

Published on: July 30, 2018 | By Jeff DeFrancisco

Speeding accidents can cause serious injuries, and in some tragic cases, fatalities. If you or a loved one was injured in a car accident involving a speeding driver, you may be entitled to compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, we are committed to holding negligent drivers accountable for the harm that they cause. Time is of the essence in these cases so it is important to act quickly after a New York collision.

Speeding is one of the top contributing factors of car accidents. According to the National Highway Traffic and Safety Administration, approximately 35,092 people died in traffic accidents in 2015. Data shows that almost one in three fatalities involved drunk drivers or speeding. In New York, the Department of Motor Vehicles reports that speeding is the cause of roughly 30,000 traffic accidents in the state every year.

Overall traffic deaths in New York City have consistently decreased for the fourth consecutive year in 2017 to their lowest on record. The number of pedestrians, motorists and cyclists killed in accidents in the city fell by 28 percent from 2013. Officials believe that the decline can be attributed, at least in part, to an ongoing safety program known as Vision Zero. The program includes a lower speed limit, tougher enforcement and improved street design.