Syracuse Personal Injury Law Blog

Radiology Errors in Syracuse

Published on: February 26, 2018 | By Jeff DeFrancisco

Radiologists use a variety of tests to make it possible to diagnose and treat many medical conditions. Unfortunately, radiology errors can result in serious medical setbacks and, in some cases, can even result in death. If you have suffered due to the negligence of a radiologist, the reputable and hardworking Syracuse radiology malpractice attorneys at DeFrancisco & Falgiatano Personal Injury Lawyers can assist you. We can examine the facts of your case and help you seek the compensation you need to deal with your harm.

Radiology is the branch of medicine that deals with the use of radioactive tools, such as x-rays, MRIs, and CT scans, to diagnose and treat diseases within the body. According to the National Institutes of Health (NIH), the specialty of radiology has a relatively high rate of malpractice claims. Data from the NIH shows that failures to diagnose account for approximately 40 to 54 percent of radiology-related medical malpractice cases. Radiology errors can take many forms, including mistakes made by radiologists, malfunctions of diagnostic equipment, and misinterpretations of radiological results. Examples of radiology errors include:

Misread x-rays;

HIV Misdiagnosis in Syracuse

Published on: February 23, 2018 | By Jeff DeFrancisco

Medical professionals have an obligation to be diligent when diagnosing and treating patients. Unfortunately, this does not always happen and may result in a patient’s condition getting worse. If you or a loved one has been a victim of an HIV misdiagnosis, you may be able to pursue compensation through a medical malpractice claim. At DeFrancisco & Falgiatano Personal Injury Lawyers, our seasoned Syracuse misdiagnosis attorneys can review your case and help you navigate the legal process. You can rest assured we are here to answer your questions and address your concerns.

According to the Centers for Disease Control and Prevention, there were an estimated 37,000 new HIV infections in 2014. Human Immunodeficiency Virus (HIV) is a virus that is spread through certain bodily fluids and attacks the body’s immune system. Over time, HIV can destroy so many of certain cells that the body’s ability to fight off disease or infection is severely compromised. HIV is a lifelong condition with no cure, but the condition can be managed with proper medical care. An individual infected with HIV may or may not exhibit symptoms, which can lead to a delay in diagnosis and treatment. An HIV misdiagnosis can happen in a variety of ways, including a physician failing to carefully review the patient’s chart, blood test results being read wrongly and inaccurately conveyed to the patient, and initial test results being mixed up or labeled incorrectly.

For people who are not correctly diagnosed with HIV, the results can be devastating. Not only could they fail to get the treatment they need, but also they could unknowingly infect others with the virus. If your doctor missed a diagnosis or misdiagnosed you with HIV, you can likely file a medical malpractice claim against that physician. Medical malpractice occurs when a doctor causes harm because he or she fails to use the level of care that another doctor, with a similar background and training, would have used in the same situation. In order to win a malpractice claim, you must establish the following:

Missed or Delayed Kidney Disease Diagnosis in Syracuse

Published on: February 16, 2018 | By Jeff DeFrancisco

A failure to diagnose kidney disease in its early stages can have devastating consequences for a patient. In fact, it can lead to kidney failure requiring dialysis. If you or someone close to you has been harmed by a missed or delayed kidney disease diagnosis, we can help. At DeFrancisco & Falgiatano Personal Injury Lawyers, our diligent and reliable Syracuse misdiagnosis attorneys can meticulously analyze the facts of your case and pursue the appropriate compensation on your behalf.

In many cases, advanced kidney failure is preventable or treatable if it is properly diagnosed. Kidney disease can be difficult to identify, since it can be largely asymptomatic in the early stages. However, medical professionals are trained to recognize signs and symptoms of potential kidney disease and should be vigilant when doing their job. For example, protein in a person’s urine would signal a potential kidney issue. If your doctor notices this, he or she should refer you to a kidney specialist, known as a nephrologist. A nephrologist can identify the specific kidney disease a patient has and come up with a precise treatment plan.

If a kidney problem is not caught in a timely manner, it can become chronic kidney disease (CKD). CKD is the loss of kidney function over time. When the body can no longer remove waste and excess fluids from the blood through urine, the body can retain poisons that can be extremely harmful. This is the stage at which people start to need kidney dialysis, which is the process of manually filtering waste and toxins from the body.

Fatal Motorcycle Accidents Affecting Syracuse Residents

Published on: February 9, 2018 | By Jeff DeFrancisco

Losing a loved one is never easy, but it is even more devastating when the death is a result of a tragic accident. If you have lost a loved one in a fatal motorcycle accident caused by someone else’s negligence, we can help. At DeFrancisco & Falgiatano Personal Injury Lawyers, we understand how to navigate complex motorcycle accidents. You can rest assured that we can thoroughly investigate your case and help you pursue the compensation you need to move on with your life. Wrongful death claims are often very complex, and having the right attorney on your side can make all the difference in your case.

According to the United States Department of Transportation’s National Highway Traffic Safety Administration (NHTSA), motorcyclists are 35 times more likely to experience a deadly crash on the road than people in passenger cars. The New York State Department of Motorcycles found that there were 142 fatal crashes involving motorcycles in the state in 2014. There were 4,055 non-fatal personal injury crashes that same year. Fatal motorcycle accidents can have a number of causes, including but not limited to:

Distracted driving;

Intersection Accidents in Syracuse

Published on: February 2, 2018 | By Jeff DeFrancisco

On urban and suburban roads with high volumes of traffic, intersection accidents can pose a great risk to drivers. The vast majority of intersection accidents take place because one of the drivers failed to yield the right-of-way. If you or someone close to you has been injured in an intersection accident, you need to reach out to a reputable Syracuse car accident attorney without delay. At DeFrancisco & Falgiatano Personal Injury Lawyers, we will work diligently to do what is in your best interest after an intersection accident.

An intersection, also sometimes known as a crossroads, typically involves a crossing over of two streets or roads. Traffic accidents often take place at intersections because many vehicles are traveling in different directions at the same time. If any traffic laws are disobeyed or lights are ignored, the risk of accidents can increase significantly. According to the National Highway Traffic Safety Administration (NHTSA), 40 percent of all car accident deaths in the United States every year involve drivers running a red light, failing to yield the right-of-way at an intersection, or driving through a stop sign.

The NHTSA found that the following driver mistakes frequently led to accidents at intersections:

Drivers making improper left turns at intersections;
Trying to rush through a yellow light;
Distracted driving; and
Rolling through stop signs.

Plastic Surgery Malpractice in Syracuse and Across New York

Published on: January 30, 2018 | By Jeff DeFrancisco

Plastic surgery is more popular than ever with millions of cosmetic procedures taking place every year. All surgery has risks, and plastic surgery is no exception. However, in some cases, things go horribly wrong, and the patient can suffer a serious injury. If you or someone close to you has been harmed due to the negligence of a plastic surgeon, it is important to reach out to a skilled Syracuse plastic surgery malpractice attorney who can assess the merits of your case. With years of experience, we understand how to navigate these types of claims.

Plastic surgery is reconstructive surgery that focuses on repairing damage or defects related to the face and body. Cosmetic surgery is a subset of plastic surgery. It is typically elective and is done to improve a person’s appearance. According to data released by the American Society of Plastic Surgeons’ annual plastic surgery procedural statistics, there were 15.9 million surgical and minimally invasive cosmetic procedures performed in the United States in 2015, a 2 percent increase from the prior year. Some common examples of cosmetic surgery include:

Liposuction;

Colonoscopy Errors in Syracuse

Published on: January 23, 2018 | By Jeff DeFrancisco

Colon cancer is the second-most diagnosed cancer and the second-leading cause of cancer death in the United States. Colonoscopies are an important tool for colon cancer detection. While these procedures are relatively safe, injuries due to malpractice do happen. If you or someone close to you has been injured during a colonoscopy, you may be entitled to compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, our Syracuse cancer malpractice lawyers are committed to protecting the rights of patients at every step of the way.

A colonoscopy is a procedure that enables an examiner, typically a gastroenterologist, to evaluate the inside of the colon (large intestine or large bowel). The American Cancer Society advises that both men and women should have regular colonoscopies, beginning at age 50, to screen for colorectal cancer. A person should continue getting regular colonoscopies until the age of 75. According to a 2011 article in the Medical Journal of Gastrointestinal Endoscopy, the risk of serious injury from a colonoscopy is relatively low. However, possible complications from the procedure include the following:

Perforations: this takes place when a hole is punched in your bowel, causing fecal matter to leak into the abdominal cavity, which can lead to sepsis.

Study Reveals Male Dermatologists Sued More Often Than Female Counterparts

Published on: January 17, 2018 | By Jeff DeFrancisco

While some skin conditions can be minor, others can have dire consequences for a person’s health. When a dermatologist fails to understand, diagnose, or treat a patient’s skin condition, the patient can suffer severe injuries and, in the most serious cases, death. If you or someone close to you is in this situation, you need the help and guidance of a trusted Syracuse dermatology malpractice attorney. At DeFrancisco & Falgiatano Personal Injury Lawyers, we can meticulously analyze your case and determine whether or not malpractice occurred.

A new study published in the Journal of the American Medical Association found that female dermatologists were sued less often than their male counterparts. The report scrutinized features of medical malpractice claims against dermatologists from 1991 to 2015 and found that female dermatologists were sued less because they communicated with their patients more than the male doctors. Specifically, the female physicians would more often elicit and validate patient input, as well as provide encouragement and reassurance. As a result, male physicians were 2.5 times more likely to be sued for malpractice than their female contemporaries. In fact, nearly 70 percent of claims were against male physicians. Most claims were results of medical errors in skin operations, followed by misdiagnoses.

Dermatology errors can happen in a variety of ways, including but not limited to failing to timely diagnose skin cancer, failing to properly treat skin cancer, failing to promptly follow up, failing to prescribe the appropriate skin medication, and failing to understand the patient’s complaints. These and other errors can form the basis of a medical malpractice claim when they cause an injury or death to a patient.

Slip and Fall Accidents Due to Ice in Syracuse and Throughout New York

Published on: January 11, 2018 | By Jeff DeFrancisco

Winter in New York can be harsh. When a person slips and falls on ice, the injuries can be serious and long-lasting. In the most serious cases, the victim of the fall may require surgery. If you or someone close to you has suffered an injury after slipping and falling on ice on someone else’s property in Syracuse, you need to reach out to a skilled Syracuse premises liability attorney immediately. We can assess the circumstances of the fall and help you pursue the compensation you deserve for your harm.

A slip and fall accident occurs when a person is injured because a walking surface contains a dangerous condition (like ice) that causes a person to slip, trip, or fall. Many slip and falls on ice are results of a property owner’s negligence. In New York, both city and private property owners are required by law to clear ice and snow on the sidewalks abutting their property. Failing to clear snow from the sidewalk in front of the building or doing a poor job of clearing the snow or ice creates a hazard for anyone walking in the area. Property owners must clear snow and ice from the property in a “reasonable” amount of time to ensure walkways and high traffic areas are safe. According to the New York City Department of Sanitation, snow and ice must be removed no later than four hours after the end of the snowfall or no later than 11 a.m. if the snowfall ends after 9 p.m. the night before.

Slip and fall liability is generally rooted in the theory of negligence. Negligence takes place when an injury is a result of a property owner failing to use reasonable care. Reasonable care refers to the level of care that a prudent person would use in the same or similar circumstances. For instance, a property owner using reasonable care would make sure to clear a sidewalk properly so that there are no icy conditions that would lead to a fall. To establish negligence in a New York slip and fall case, the plaintiff must demonstrate the following:

Deadly Accidents on the Rise in New York and Elsewhere Due to Tech-Related Distractions

Published on: January 4, 2018 | By Jeff DeFrancisco

Data from the National Highway Traffic and Safety Administration reveals that the United States has experienced a 14 percent rise in roadway fatalities over the last two years. It has also experienced the biggest back-to-back increase in motor vehicle death rates per mile driven in more than 50 years. In 2016, 37,461 people died in roadway accidents, including drivers, passengers, cyclists, and pedestrians. If you or someone close to you has been injured by a distracted driver in New York, you need to reach out to a Syracuse car accident attorney who can help.

The National Safety Council, however, challenges the official DOT figures, claiming that in 2016, cellphone usage was involved in 26 percent of all traffic accidents. In fact, the NSC states that due to the under-reporting of distracted driving crashes, the number of deadly crashes that actually take place each year could be double what is recorded in federal data. A study released by Cambridge Mobile Telematics, a company that creates apps to monitor driving and smartphone usage for insurance purposes, echoes this sentiment and found that about a quarter of drivers involved in crashes were on their phones during or in the minute prior to the accident.

Most car accident claims in New York are based on the legal theory of negligence. Negligence takes place when a driver causes an accident because he or she failed to use ordinary care behind the wheel. Ordinary care is defined as the level of care that a reasonably prudent person would have used in the same situation. For instance, a driver who causes a crash because he or she was texting and driving would be liable for the accident and any resulting harm. This is because a reasonably prudent driver would understand the risk of accidents and injuries that could result from such conduct.