Syracuse Personal Injury Law Blog

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.

How to self-advocate for safer medical care

Published on: August 9, 2017 | By Jeff DeFrancisco

In New York and across the country, needless medical errors cause pain, suffering and even death. Patients can empower themselves and feel more confident about their health care by becoming medical self-advocates.

According to the American Academy of Family Physicians, 98,000 people die each year as a result of medical errors. These deaths too often could have been prevented by proper care from medical professionals. Research has shown that patients have better results when they become active participants in their health care decisions. One of the best ways that a patient can self-advocate is to become a better manager of her health care information. A patient should know the medications she is taking and in what doses. She ought to periodically review her medications with her doctor to see if she needs to renew, alter, or end any of her prescriptions. She should always make sure her health care providers know who she is, why she is receiving treatment and any allergies she has to medications. She should endeavor to learn more relevant information about her medications, illnesses and conditions. She should also inform her providers right away if her condition changes or worsens.

The National Coalition for Cancer Survivorship also encourages patients to become self-advocates for their health care. It describes self-advocacy as encompassing four elements which include, “information-seeking, communication, problem-solving and negotiation.” The application of these elements could include such steps as researching diagnosis and treatment options and asking questions to understand the risks and benefits associated with each. It can be working to establish constructive communication with a health care team. When difficult decisions must be made, successful self-advocacy allows a patient to work with her providers to tailor treatment to her personal needs. Self-advocacy is a powerful tool that can offer patients hope and security in their health care choices. It can have life-saving results.

5 subtle indications that you could have skin cancer

Published on: August 7, 2017 | By Jeff DeFrancisco

Your doctor hasn’t diagnosed you with skin cancer yet, but you can’t help feeling nervous. Sometimes, you’re almost paranoid. You know that cancer is often easiest to cure if it’s caught early, so you don’t want a delayed diagnosis to put you months or even years behind.

This can especially be an issue if cancer begins to spread. If not, localized treatments of skin cancer often work. Knowing that you have the disease as soon as you have it is important.

Now, all signs of cancer aren’t obvious. Below are a few subtle signs that you and your doctor should look out for.

Myths about strokes could take lives, so know the truth

Published on: August 4, 2017 | By Jeff DeFrancisco

Failing to identify a stroke quickly can lead to a serious brain injury or death. People who suffer from these life-threatening conditions don’t have much time to seek help. They may be paralyzed, unable to speak clearly and confused.

There are many myths about strokes that could cause someone to misdiagnose them. For example, on myth is that you can identify a stroke by looking at a person’s tongue. If it’s crooked, that’s supposed to mean that they’re having a stroke. That’s not entirely true, though, and it is difficult to know what’s “crooked” for one person compared to the next.

Instead of listening to myths, it’s important for medical providers to follow the correct procedures for identifying a stroke. What are they?

2 issues that impact motorcycle safety in ideal conditions

Published on: August 2, 2017 | By Jeff DeFrancisco

Many New Yorkers believe the majority of motorcycle accidents occur when road conditions are bad. However, a recent study in Motofire states that “most motorcycle accidents happen when road conditions are ideal. The study is based on reported data on motorcycle accidents in Australia. The information suggests that there are other contributing risks that lead to motorcycle accidents.

Take some time to learn about factors that affect motorcyclist safety when road conditions are ideal.

Biker age

Force and pressure during delivery may result in nerve damage

Published on: July 28, 2017 | By Jeff DeFrancisco

Unfortunately, brachial plexus birth palsy, Erb’s palsy, and other conditions arising from nerve damage continue to affect children in New York. According to the American Academy of Orthopaedic Surgeons, brachial plexus birth palsy is usually a condition that results from injury to newborns caused by those who deliver or assist in delivery when the nerves connected to a baby’s fingers, arm, hand or neck are stretched. Less than one percent of newborns develop brachial plexus palsy. The seriousness of a condition is usually diagnosed by a pediatrician through an examination of weakness in a baby’s arm.

The most severe type of nerve damage, known as avulsion, occurs when a nerve is ruptured and separated or torn away from the spinal cord. This type of damage may be permanent. Other forms of nerve damage, also caused by stretching and strain on the neck or head during delivery, may result. If the injury is severe enough to cause scar tissue to form and affect healthy nerves, the damage caused may be permanent. If the upper nerves are damaged but not the lower nerves, the condition is known as Erb’s palsy. Usually these injuries occur during a difficult delivery.

Several symptoms may be present when there has been brachial plexus nerve damage, as noted by John Hopkins Medicine. Avulsion results in “a burning, crushing type of pain.” Other symptoms include paralysis, other pain, weakness and numbness or loss of feeling.

Automation in large trucks may reduce operator interaction

Published on: July 17, 2017 | By Jeff DeFrancisco

When you are near a semitruck on the highway in New York, it may cross your mind to hope that the driver is not distracted or fatigued. You probably did not wonder whether there is even a person in the driver’s seat, though. We at DeFrancisco & Falgiatano Personal Injury Lawyers understand that new technology could change the role of truck drivers, and in the future, it may reduce the number of commercial vehicle crashes.

While self-driving trucks are not on the road yet, CNBC reports that technology for tractor-trailers has taken a step in that direction. Your car’s aerodynamic shape gives you some relief from high fuel prices by increasing your miles per gallon. Large trucks take much more fuel, but by driving closer together, they reduce the wind resistance on each and improve their efficiency. Rather than traveling an average following distance of 200 feet, which is a two- to three-second space, platooning trucks would be a mere 50 to 80 feet apart.

To make it possible for them to follow each other without compromising safety, new technology links the trucks through a computer so that the first driver controls the convoy’s brakes and steering. While truck platooning is in the early stages of development in the U.S., you will not see more than two trucks connected at a time.

Why so many pregnant women are dying

Published on: July 7, 2017 | By Jeff DeFrancisco

When a woman discovers she is pregnant, the visits to her New York health care provider will typically become more and more frequent, the closer she gets to the birth. The standard examinations and tests allow the doctor to identify the most commonly occurring pregnancy issues. According to the American Heart Association, for many women, these are not enough.

Research indicates that cardiac arrest kills approximately one out of every 12,000 American women who are admitted to the hospital for delivery. This does not include pregnant mothers who are not at the hospital when their heart malfunctions and stops beating. Researchers believe one problem is a lack of education for those who treat women suffering from cardiac arrest. For example, while CPR should be performed the same, a first responder, emergency room provider or staff member in the obstetrics department may not understand the minor differences in defibrillation protocols or other important details.

The AHA points out that there are many contributors to the increasing number of pregnancy-related fatalities, but statistics show cardiovascular disease is at the top of the list. This could be in part because of the number of high-risk pregnancies. The following health conditions could contribute to the likelihood of cardiac arrest:

Finding health care providers who put patient needs first

Published on: June 29, 2017 | By Jeff DeFrancisco

While many people wish to rely on the expertise, knowledge and compassion of doctors to provide optimal health care, accidents, ignorance and general disregard of protocols are not unheard of. For New York residents who are anticipating receiving health care, they can benefit from doing their research to find a doctor who puts patient needs first and takes the time to create customized treatments.

The Huffington Post shared an article that discusses common mistakes that doctor’s make. However, the content is applicable to patients who are seeking a health care provider they can rely on. Some of the signs attentive patients can look for include:

Timely consultation: People should expect their doctor to provide timely consultation following suspicious symptoms. Attentive doctor’s will put everything else aside to properly diagnose a patient’s condition and educate him or her about the general outcomes, treatment options and recovery process.
Relationship health: The most reliable health care providers will put relationships with their patients above all else. Individuals receiving care should monitor the type of relationship they have with their doctor and look for signs that he or she really cares and is concerned about their health.
Thorough diagnosis: Because so many mistakes are made during the process of diagnosis, it is imperative that patients seek a doctor who is capable of making a thorough assessment. People should look for a health care provider who is willing to answer questions, explain what a diagnosis means and provide insight into what the future holds.

Patients should always expect their health care provider to listen attentively to them and remain focused throughout conversation. According to the New York Times, in 2013, death as the result of preventable medical errors was the third largest cause of fatalities in the nation.