Syracuse Personal Injury Law Blog

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.

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.