Syracuse Personal Injury Law Blog

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.

Malpractice Related to Peptic Ulcers in Syracuse

Published on: October 25, 2018 | By Jeff DeFrancisco

Peptic ulcers can be painful and cause serious discomfort for a patient. If you or a loved one has suffered an injury related to the diagnosis or treatment of a peptic ulcer, you may be able to recover damages through a medical malpractice claim. At our firm, we believe that medical professionals should provide competent care to each and every patient. When this does not happen and you suffer harm, we will help you hold the negligent medical professional accountable.

What is a Peptic Ulcer?

Peptic ulcers, also known as stomach ulcers, are quite common and affect approximately 4 million Americans every year. A peptic ulcer is a lesion of the digestive tract, generally in the stomach or duodenum caused by the digestive action of pepsin and stomach acid. In other words, peptic ulcers refer to open sores that grow on the inner lining of your stomach and the upper part of your small intestine. The most common symptom associated with peptic ulcers is stomach pain associated with indigestion and gas.

A perforated ulcer occurs when an ulcer is untreated and burns past the wall of the stomach or other parts of the gastrointestinal tract, permitting digestive fluids and acid to spill into the abdominal cavity. The first symptom of a perforated peptic ulcer is typically an abrupt, serious, sharp pain in the stomach. A perforated ulcer will typically require immediate surgery.

Family of Patient who Committed Suicide Wins Medical Malpractice Claim

Published on: October 21, 2018 | By Jeff DeFrancisco

A medical professional should never take mental illness lightly as it can lead to serious consequences such as suicide. A physician who fails to follow proper protocol to prevent a suicide may be liable for medical malpractice under New York law. If your loved one committed suicide and you believe it could have been prevented by a medical professional, you need to contact one of our reputable and hard-working Syracuse medical malpractice attorneys.

A Staten Island jury has awarded almost $10 million to the family of a man who took his own life six years ago after a doctor allegedly did not properly identify and treat his severe depression and anxiety. The patient had told the physician of his intensifying symptoms of panic attacks, depression, fatigue, extreme worry, concentration issues and weight loss getting worse in the days leading up to the suicide. According to the patient’s family, however, the doctor failed to recognize the patient’s condition was dire and did not properly assess the situation, which ultimately led to the patient’s suicide. The jury award was for the patient’s son and daughter’s loss of parental care and guidance, pain and suffering and lost earnings and benefits.

Medical Malpractice and Suicide

Medical professionals are trained to recognize warning signs associated with suicidal inclinations. In some cases, the patient has actually stated that he or she is feeling suicidal. When these signs are present, medical professionals are required to act in any way needed to avert the patient from harming him or herself. When a medical professional fails to act in a manner that would prevent the individual from harming him or herself, that medical professional may be liable for medical malpractice.