Syracuse Personal Injury Law Blog

Discovery of Medical Center Emails at Issue in Lawsuit over Experimental Surgery Gone Wrong

Published on: November 23, 2017 | By Jeff DeFrancisco

Medical malpractice lawsuits require that hospitals, medical professionals, and other named defendants disclose their medical records so that a plaintiff can make a case for negligence. This most frequently occurs during the pre-trial stages of litigation. Although courts prefer that litigants navigate this process without judicial intervention, sometimes litigation disputes emerge as to what should be disclosed to the plaintiff. This is happening in a medical negligence case in the U.S. District Court for the Eastern District of Kentucky, in which the court compelled the hospital to disclose emails related to an experimental surgery performed on the plaintiff. While this case does not affect New York hospital malpractice cases, it illustrates some of the practical issues that may arise.

The plaintiff alleged in the original lawsuit that a hospital surgeon performed an experimental bariatric surgery on a mentally disabled patient without his consent. The complaint alleged that the defendant surgeon performed bariatric surgery on the plaintiff in 2009, causing the plaintiff to begin experiencing respiratory issues. He began experiencing other complications and underwent a subsequent surgery to reverse the bariatric surgery procedure. During this reversal surgery, the surgeons allegedly discovered that the defendant surgeon had not properly performed a bariatric procedure. The complaint that was actually performed was an experimental one, which was conducted, according to the complaint, without the patient’s consent. The plaintiff’s claims survived a pre-trial motion for dismissal earlier in the month. However, after this ruling, the judge was asked to rule on the admissibility of several emails into evidence.

The emails in question were between hospital personnel. The court ruled in favor of the plaintiff and admitted the emails into evidence because they were not, as the defendant claimed, protected by the work-product doctrine or attorney-client privilege. Another string of emails, however, was ruled to be protected and inadmissible.

United States Government Seeks Indemnification For Birth Fatality Malpractice Claim Against Obstetrician

Published on: November 17, 2017 | By Jeff DeFrancisco

Injuries to infants are common. Some injuries are results of unpreventable incidents. However, other injuries occur because of the negligence of medical professionals. Physicians are tasked with performing medical actions that can prevent these types of injuries from occurring. A birth injury case, case number 17-cv-06133, in the U.S. District Court for the District of New Jersey, has implications for New York birth injury claims.

The plaintiff went into labor and was admitted to a medical center, where the medical staff determined that the child was in a breech position. The plaintiff, however, alleged that the doctor did not perform an ultrasound to confirm this guess, and the failure to order an ultrasound was a substantial factor in causing the newborn baby’s death, according to the plaintiff’s complaint. The doctors medically induced the plaintiff’s labor, and the plaintiff’s obstetrician delivered the baby. The obstetrician was unable to determine the baby’s orientation in the birth canal. Therefore, he delivered the plaintiff’s child in a breech position. The defendant doctor made at least five failed attempts at intubation while the baby’s heart rate fell and attempted resuscitation for a half-hour before the baby was pronounced dead, due to respiratory failure.

The United States government was named as a defendant in the lawsuit because the doctor named as a defendant was a Public Health Service doctor. The United State government is seeking indemnification from the defendant doctor for any liability that attaches from the underlying medical malpractice claim. The United States government alleged that the defendant doctor had a duty to exercise the degree of skill and care that is required of health care, medical, and nursing professionals under similar circumstances in making all diagnoses, examinations, tests, and treatments, and not to abandon the plaintiff in any way.

Patient Lawsuit Against New York Doctor for Failing to Diagnose Lung Cancer Allowed to Proceed by Appeals Court

Published on: November 10, 2017 | By Jeff DeFrancisco

Lung cancer symptoms may manifest themselves in a variety of ways, including regular coughing fits. The consequences of failing to timely diagnose cancer can have severe consequences, which include death. Sometimes people may seek the treatment of their physician because they know something is wrong, but the physician fails to truly appreciate the severity of their condition. In a 2017 New York cancer misdiagnosis decision, the plaintiff alleged, on behalf of the decedent, that the decedent’s physician failed to timely diagnose his lung cancer.

The defendant, a New York doctor, acted as the decedent’s doctor since 1989. The decedent came to her doctor several times in 2010 because of a cough she was experiencing. However, she was not diagnosed with lung cancer until she received an X-ray, which returned a grossly abnormal result. The decedent went to another hospital, which was not named as a defendant in the case, and was diagnosed with stage IV lung cancer.

The plaintiff filed the lawsuit in 2010, but the defendant argued that the claim was time-barred by the statute of limitations. The court acknowledged that the defendant established a prima facie case for judgment as a matter of law because the lawsuit was filed more than two and one-half years from the alleged acts and omissions that formed the basis of the failure to diagnose claim against the defendant. In response, the plaintiff argued that the claim should be allowed to proceed under the continuous treatment doctrine.

New York Woman Suffers Spinal Injury in a Car Accident, Jury Awards her Multi-Million Dollars in Damages

Published on: November 3, 2017 | By Jeff DeFrancisco

Car accidents can cause life-changing injuries, or even fatalities, for those involved. The causes of car accidents are highly situational. Sometimes inclement weather can create hazardous road conditions, while at other times the negligence of the driver or other drivers on the road can be the cause of an accident. A recent New York car accident case involving a young Brooklyn woman centered around whether the driver of the vehicle, in which she was the passenger, was negligent when he fell asleep while driving.

As mentioned above, the plaintiff was injured in a 2012 car accident when the driver of the vehicle, a Chevrolet Equinox, fell asleep at the wheel. He swerved into oncoming traffic and collided with a mini-van, killing a passenger, an elderly woman. The driver of that vehicle survived the crash. The plaintiff allegedly suffered severe, lifelong spinal injuries. Her symptoms included losing feeling in her legs. She also requires the use of leg braces for mobility purposes. Moreover, her physicians allegedly advised her that as she progresses in age, her condition will grow worse, and eventually she will completely lose the ability to walk as a result of her injuries. Following the car accident, she was forced to withdraw from college, where she was receiving an Ivy League education, and see a therapist about depression issues.

The plaintiff filed a lawsuit against the driver for falling asleep at the wheel, likely alleging negligence under New York law. Her case went to trial in Manhattan Supreme Court, where a jury of six, following a three-week trial, awarded the plaintiff $71 million in damages for future medical expenses, future pain and suffering, and past pain and suffering.

3 ways to avoid medical malpractice

Published on: October 9, 2017 | By Jeff DeFrancisco

Medical malpractice has no place in any health care system, yet it still happens commonly. Fortunately, there are many things you can do as a patient to prevent medical malpractice and protect yourself and your loved ones. What kinds of things should medical providers do to prevent cases against them? What can they do to make you feel more at ease?

There are dozens of steps to follow. For example, you should seek information about the procedure ahead of time and talk to the provider about risks. The provider should provide an informed consent document to you after you learn about the treatment, so he or she knows you had your questions answered.

Beyond that, there are many things you can do to keep yourself safer. Here are three.

How many motorcyclists are hurt and killed in crashes?

Published on: September 15, 2017 | By Jeff DeFrancisco

From semi truck crashes to pedestrian collisions, traffic accidents of all kinds can be devastating. However, motorcyclists often face particularly perilous outcomes when they are struck by a vehicle. Unfortunately, far too many motorcyclists have had their lives shattered because of the negligent behavior of drivers in Syracuse and other New York cities. For motorcyclists, recognizing the prevalence of these crashes could help. Sadly, even the most responsible of motorcyclists could find themselves in the middle of a serious accident.

The National Highway Traffic Safety Administration published statistics on motorcycle accidents which show that an estimated 88,000 motorcyclists suffered an injury and over 4,660 motorcyclist fatalities took place during 2013. In comparison to the year before, these figures represent a slight decrease in the number of motorcyclists who were hurt and killed. However, the numbers are still staggering and far more people have had their lives shattered because of motorcycle crashes in the years since.

For victims of these crashes and the family members of motorcycle wreck victims, it is crucial to understand some of the other challenges that can arise from an accident, in addition to the loss of life and physical injuries. For example, a victim may lose his or her mobility, interfering with their quality of life and keeping them from earning a living. Moreover, funeral expenses, health care costs, and rehabilitation expenses can create even more financial problems. Because these wrecks are so serious, negligent drivers who fail to drive safely and watch out for motorcyclists must be held liable when they cause a crash.

Crucial health warning signs new mothers should know

Published on: September 7, 2017 | By Jeff DeFrancisco

New mothers in New York are often overwhelmed caring for the needs of their babies, but it is important that mothers take time to check in with their own health, too. Health complications for new mothers can arise even after the birth is over and they are settling in back home.

NPR reports that 700 to 900 women die each year as a result of pregnancy or childbirth in the United States. Over half of these deaths are preventable, but a recent study found that even obstetric nurses were ill-informed of the risks and warning signs that mothers should be aware of after childbirth. More than 80 percent of obstetric nurses were unaware that most maternal deaths occur at home after the baby is born. But there is hope. Researchers found that shortcomings in medical knowledge could be overcome with simple education programs employed by hospitals for the nursing staff. They also found that sending new mothers home with a handout describing warning signs empowered new mothers to come back in for treatment before it was too late.

The Association of Women’s Health, Obstetric and Neonatal Nurses handout promotes awareness of postpartum health risks for new mothers and is available at Health4Mom.org. For some symptoms, women are encouraged to contact their medical provider. These symptoms include excessive bleeding, C-section or other incisions that are not healing, one leg becoming red and swollen, fevers or persistent headaches. For other symptoms, women should call 911. These include shortness of breath, chest pains, seizures and thoughts of self-harm or of hurting the baby. Caregivers, new mothers and loved ones who stay on the lookout for these symptoms can help avert tragedy.

Common causes of motorcycle accidents: Part 2

Published on: August 29, 2017 | By Jeff DeFrancisco

It seems that not a day goes by without you hearing about or seeing motorcycle accidents in New York. The number of riders is increasing every day; so is the risk of accidents. In 2015, there were “8.6 million motorcyclists on the roads” across the country, state the Centers for Disease Control and Prevention.

Any type of accident that occurs on the roads is enough to leave you wondering what kind of injuries the victims sustained. You may also find yourself wondering about the causes of these crashes and what can be done to prevent them. Here is a brief overview of factors that lead to motorcycle accidents.

Road conditions

Lawsuit claims nurse and hospital to blame for infant’s death

Published on: August 21, 2017 | By Jeff DeFrancisco

During a stay in the hospital after the birth of an infant in New York, mothers are often encouraged to rest as much as possible and allow nurses and doctors to help them recuperate from labor. The setting should provide a safe environment for the baby’s first few days of life. Careful monitoring and support from hospital staff and medication to assist with recovery are often critical for new parents.

An infant in Oregon was recently removed from life support 10 days after he was born, and his mother has filed a negligence suit against the hospital where she gave birth. She is claiming that a nurse should not have left her newborn in the bed with her when she was too heavily medicated to remain alert. Her baby suffocated in her arms while she slept.

The infant was resuscitated, stabilized and taken to a neonatal intensive care unit, where he was placed on life support. According to the lawsuit, in addition to the trauma of his time without oxygen, the baby sustained broken ribs during the CPR performed by a doctor. The mother alleges that the delay in response from the staff at the hospital contributed to the catastrophic brain damage her son suffered. She is also suing one of the nurses at the hospital where she gave birth.

Tips for surviving a submerged car

Published on: August 15, 2017 | By Jeff DeFrancisco

A car accident where the car becomes submerged is a nightmare scenario, but it does happen. Drivers in New York or anywhere where there are bodies of water should learn these important safety tips for surviving when a car crashes into water.

According to Popular Mechanics, about 400 Americans drown in their cars each year. Survival experts recommend that when a car goes in the water, the first priority of the passengers should be to get a window open so that they can escape. When a car hits the water, it takes approximately 30 seconds for water to rise to the base of the window. Passengers should try to get the window open in this time frame. If the window is automatic, a passenger can use a hammer or their feet to bash out the window. While it is possible for a person to wait until the car fills with water and the pressure equalizes so it is no longer impossible to open the car door, he or she is much more likely to die before escaping.

Once the window is open, adult passengers should assist children in escaping by guiding them firmly through the incoming flow of water to the window. Everyone should swim out of the car as quickly as possible and wait to call for help until they are safely out of the car. Help will not arrive quickly enough to save anyone from the car and making a call will only waste precious time.