Syracuse Personal Injury Law Blog

Stairway/Staircase Falls in Syracuse

Published on: July 23, 2018 | By Jeff DeFrancisco

Stairs can become a safety hazard if they are not maintained properly. In fact, most stair related accidents would not happen if not for the carelessness of someone. If you have slipped and hurt yourself on stairs on someone else’s property, you may be entitled to compensation. At DeFrancisco & Falgiatano Personal Injury Lawyers, our hard-working Syracuse slip and fall attorneys will analyze the facts of your case and help you understand your legal rights and options.

The National Safety Council reports that over 1 million injuries occur every year as the result of stairway falls. In fact, staircase and stairway accidents are the second leading cause of accidental injury, falling behind only motor vehicle accidents. Nearly 100,000 children under the age of 5 suffer stair-related injuries on an annual basis. Dangerous stairway conditions can be the result of common wear and tear, negligent maintenance or even poor maintenance. Common causes of staircase hazards that can lead to accidents causing injury include, but are not limited to:

Loose or missing handrail,
Unevenly spaced risers;
Chipped, worn, cracked, broken or missing steps;
Poorly lit stairwells;
Slick or slippery stairs;
Debris or clutter on stairs;
Loose or damaged treads, runners or carpeting.

The Process of Filing a Medical Malpractice Lawsuit in Syracuse

Published on: July 16, 2018 | By Jeff DeFrancisco

When you go to a doctor, you expect to receive competent care. Unfortunately, this does not always happen. If you or a loved one has been injured due to the negligence of a healthcare provider, you may be entitled to compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, our diligent and hardworking Syracuse malpractice attorneys will evaluate your case and provide you with a realistic assessment of your claim, including timelines in your case.

The length of each medical malpractice case can vary significantly based on the specifics of the case. Some factors that affect the length of the case are the case’s complexity and factual strengths, as well as the court of jurisdiction. A medical malpractice case must go through a number of stages prior to being resolved. The following describes the stages of a typical medical malpractice suit in New York.

The Initial Consultation

If you suspect that you have been harmed due to the error, misconduct or wrongdoing of a medical professional, the first thing you need to do is reach out to a seasoned attorney. During the initial consultation, the lawyer will ask you a series of questions such as the medical condition that you were seeking treatment for; the treatment you actually received; and the physical, emotional harm you suffered. The lawyer will also ask you when your injury occurred, as there are strict deadlines to filing medical malpractice claims in New York, known as the statute of limitations. Continue Reading ›

Breast Augmentation Malpractice in Syracuse

Published on: July 9, 2018 | By Jeff DeFrancisco

Just because a surgery is considered routine does not mean it is without risks. If you or a loved one has been the victim of medical malpractice from a breast augmentation, you need to reach out to a seasoned Syracuse medical malpractice attorney who can help. At DeFrancisco & Falgiatano Personal Injury Lawyers, we understand the emotional and financial hardships you are currently facing, which is why we will handle your case with the utmost compassion.

Breast augmentation is an elective procedure in which the breasts are artificially enlarged through the insertion of implants under the breast tissue or chest muscles. Breast augmentation is the most common plastic surgery procedure in the United States, with more than 290,000 procedures taking place every year. And the surgery is only getting more popular. According to the American Society of Plastic Surgeons, breast augmentation procedures have gone up 31 percent since 2000.

Breast augmentation, just like any other type of surgery, has its risks. Some of these risks, such as scar tissue or breast pain, may occur no matter how competent and careful the surgeon is. However, in some cases, negligence on the part of the surgeon or medical staff can be the cause of a complication. Common errors related to breast implants include, but are not limited to:

Bladder Cancer Malpractice in Syracuse

Published on: July 2, 2018 | By Jeff DeFrancisco

Unfortunately, bladder cancer is often misdiagnosed. When this happens, the patient can suffer serious harm. If this has befallen you or someone close to you, you need to reach out to a skilled Syracuse medical malpractice attorney who can help. At DeFrancisco & Falgiatano Personal Injury Lawyers, we are committed to getting our clients the compensation they rightfully deserve in their cases. We have a long history of obtaining favorable results in New York medical malpractice cases.

The bladder, sometimes referred to as the urinary bladder, is a balloon-shaped organ in your lower abdomen near the pelvis. It stores urine from the kidneys until it is passed out of the body. Bladder cancer disrupts healthy cell-producing processes and causes malformed cells to multiply uncontrollably and spread to other parts of the bladder and body.

Bladder cancer accounts for 5 percent of all cancer and is the seventh leading cause of cancer deaths in the country. According to the Centers for Disease Control and Prevention, each year in the United States about 55,000 men and 17,000 women get bladder cancer, and about 11,000 men and 5,000 women die from the disease. Men are 4 times more likely than women to be diagnosed with the disease.

Malpractice Related to Use of Pitocin in New York

Published on: June 26, 2018 | By Jeff DeFrancisco

If your child has suffered a birth injury caused by Pitocin, you may be entitled to compensation for your harm. We understand that no amount of money can undo the harm and stress you have suffered, but it can help you focus on your child without having to worry about medical bills that may be piling up. At DeFrancisco & Falgiatano Personal Injury Lawyers, our experienced Syracuse birth injury attorneys can analyze the facts of your case and determine whether malpractice took place.

By the time you are near the end of your pregnancy, you may be uncomfortable and ready to deliver your baby. In some cases, your doctor may suggest using Pitocin – a drug that is a synthetic form of the hormone oxytocin, which helps induce labor. Although it can be safely used, using Pitocin is not without its risks. Since every pregnancy is unique, a health care provider must continually monitor and adjust the dosage of Pitocin. If the contractions are too weak or not frequent enough, the baby will not be delivered. If the contractions are too strong, the baby or mother may suffer injuries. Administering Pitocin in the wrong amount or at the wrong time can have serious consequences for the child. Pitocin birth injuries may include but are not limited to:

Placental abruption;

Suing for Injury Caused by Improper Treatment in Syracuse

Published on: June 19, 2018 | By Jeff DeFrancisco

Improper treatment of a patient can lead to devastating consequences. If you or a loved one was injured due to improper treatment, our skilled Syracuse medical malpractice attorneys can help. At DeFrancisco & Falgiatano Personal Injury Lawyers, we can perform an initial evaluation of your claim to determine whether your doctor, nurse, or other medical professional committed malpractice. With extensive experience, we have the knowledge base and resources needed to handle even the most complex malpractice cases.

A 2013 study published in the Journal of Patient Safety found that up to 444,000 patients die each year because of medical mistakes. This makes medical mistakes the third-leading cause of death in the country after heart disease and cancer. One type of medical error that can lead to serious patient injuries is improper treatment.

Improper medical treatment takes place when a patient receives treatment that is not sufficient to remedy their medical condition. An improper treatment claim typically involves other malpractice issues as well, including but not limited to failure to diagnose, failure to communicate test results, communication errors between doctors and nurses, and even medication errors. For example, improper treatment can stem from the wrong diagnosis.

Blindness Following Spine Surgery in New York

Published on: June 12, 2018 | By Jeff DeFrancisco

Blindness caused by anesthesia administered during non-eye related surgery is a rare complication, but it does happen. If you or someone close to you has experienced any degree of vision loss after surgery, you need to speak to a skilled Syracuse medical malpractice attorney who can help. At DeFrancisco & Falgiatano Personal Injury Lawyers, we can meticulously analyze the facts of your case and determine whether malpractice occurred. You can trust that we understand how to navigate these extremely complex cases and protect your rights at every step of the way.

Patients must be moved during certain types of surgery to avoid putting too much pressure on specific parts of the body. If the patient is not periodically moved, the patient’s long stay in the same position can injure the optic nerve, and blindness can result. The anesthesiologist is often responsible for having the patient moved. Spinal surgeries can sometimes take more than six hours, and since the patient is on his or her stomach during surgery, the downward pressure on the patient’s chest may reduce the blood supply that returns to the heart. This, in addition to the fluids that are added to the blood stream as the patient loses blood over time, lowers the amount of oxygen that the blood carries to the brain. The diminished oxygen level can lead to the death of the optic nerve. In other words, vision loss is caused by oxygen deprivation of the optic nerve.

Post-operative blindness is completely preventable if medical professionals take appropriate measures to make sure that oxygen levels in the blood do not drop to dangerous levels. As mentioned above, patients should be moved from time to time when they are undergoing surgery with their faces down for a prolonged period of time. In addition, there are certain known risk factors that increase the risk of damage or death to the optic nerve. Patients with diabetes, patients with a history of smoking or hypertension, and obese patients are more susceptible to ischemic optic neuropathy.

Single-Vehicle Accidents in Syracuse

Published on: June 5, 2018 | By Jeff DeFrancisco

A single-vehicle accident can be just as serious as an accident involving two or more vehicles. If you or someone close to you has been injured in a single-vehicle accident, you may think there is nothing you can do. That is simply not true. Weather conditions, road conditions, and even car defects may have caused your accident and injuries. At DeFrancisco & Falgiatano Personal Injury Lawyers, our diligent Syracuse car accident attorneys have helped many clients establish liability in single-vehicle accidents and can help you as well.

A single-vehicle accident is a type of road traffic collision in which only one vehicle is involved. These accidents are more common than you may think. Data from the Insurance Institute for Highway Safety reveal that approximately 55 percent of motor vehicle crash deaths in 2016 occurred in single-vehicle crashes. That same year, there were 631 deaths caused by single-vehicle accidents in New York, making up 61 percent of the total traffic fatalities in the state. Some common examples of such accidents include but are not limited to:

Run-off-road accidents,

Damages for Victims of Drunk Driving Accidents in Syracuse

Published on: June 1, 2018 | By Jeff DeFrancisco

Despite tough laws and countless awareness campaigns, drunk driving remains a big problem in New York and across the United States. If you or someone close to you was injured in an auto accident caused by a drunk driver, we can help. At DeFrancisco & Falgiatano Personal Injury Lawyers, our Syracuse drunk driving accident lawyers are committed to getting our clients the compensation they deserve for their harm. While no amount of money can undo the harm you have suffered, the compensation can help ease the burden of bills that often accompany such accidents.

According to the Centers for Disease Control and Prevention, over a million people were arrested for driving under the influence in 2016. The same year, approximately 28 percent of all traffic-related fatalities across the nation involved alcohol-impaired driving. In New York, there were 283 traffic deaths due to alcohol-impaired driving, which translates to 28 percent of all traffic deaths in 2016, according to the National Highway Traffic Safety Administration.

Drivers in New York are legally driving while intoxicated (DWI) if they have a blood alcohol concentration (BAC) of 0.08 percent or higher. The threshold is lower for commercial drivers, who will be charged with a DWI if they are operating a motor vehicle with a BAC of 0.04 percent or higher. It is important to note that the use of any drug (legal or illegal) that impairs a person’s ability to drive can also form the basis of a DWI.

Motorcycle Accidents Caused by Lack of Helmets in Syracuse

Published on: May 23, 2018 | By Jeff DeFrancisco

If you were hurt in a motorcycle accident that was not your fault, you need to contact a Syracuse motorcycle accident attorney without delay. At DeFrancisco & Falgiatano Personal Injury Lawyers, we thoroughly understand New York motorcycle laws and can help you file an accident claim to recover the damages you deserve for your harm. You can rest assured that we are committed to protecting your rights at every step of the way.

New York has a law that requires motorcycle riders and passengers to wear a helmet regardless of age, licensing, or level of riding experience. Essentially, the law applies to anyone on a motorcycle. The relevant law is found in the Vehicle and Traffic Law at Section 381(6), which states that “it shall be unlawful for any person to operate or ride upon a motorcycle unless he wears a protective helmet.” The helmet must meet federal regulations.

Motorcycle riders are susceptible to catastrophic injuries when they get into an accident. The risk of injuries can greatly increase when individuals on motorcycles are not wearing a helmet. Data from the New York Department of Health reveal that motorcycle helmets are estimated to be 37 percent effective in preventing fatal injuries to motorcycle riders and 42 percent effective for passengers. In addition, helmets are 67 percent effective in preventing brain injuries in crashes; riders without helmets are three times more likely to have a brain injury as a result of a crash when compared to riders wearing helmets.