Syracuse Personal Injury Law Blog

Study: Misdiagnosis occurs more often than some may think

Published on: April 5, 2017 | By Jeff DeFrancisco

While people may believe they are leaving the emergency room or outpatient clinic with a diagnosis and treatment plan, they may be surprised to learn that they have received the wrong diagnosis. Medical misdiagnosis occurs at an alarming rate in these types of medical settings, and this can be a real cause for concern. When physicians misdiagnose patients, or fail to provide a diagnosis at all, people run the risk of developing a worse condition or undergoing treatment that would otherwise be unnecessary.

The study, which was published in BMJ Quality and Safety, found that one in 20 adults in the U.S. who are seen in community health clinics or emergency rooms leave these facilities with the wrong diagnosis. This equates to approximately 12 million Americans each year. In at least six million of those cases, people were at risk of being seriously harmed because of the wrong diagnosis. For example, patients may have been diagnosed with pneumonia when they actually had lung cancer.

One possible reason for these acts of medical negligence is the chaotic environment of these facilities. Physicians and nurses see multiple patients, and may not have an accurate and comprehensive medical history of the patient. Furthermore, physicians are often unable to spend an appropriate amount of time with each patient, as they are often rushed from one room to the other. Physicians may order the wrong screening tests or misread reports, leading to medical errors as well.

Preventing birth injuries

Published on: April 4, 2017 | By Jeff DeFrancisco

Having a baby is supposed to be a joyous time, but for some New York parents, this wonderful time turns into sadness because of a birth injury. According to HealthcareBusinessTech.com, around 30 percent of birth injuries are preventable. Prevention starts with good care plans developed by caregivers.

A group of hospitals came together to start using something called the Premier Perinatal Safety Initiative. Under this initiative, the focus was placed on increasing team communication between all the caregivers working with a pregnant mother. In addition, each team worked using a care bundle, which included a set of four directives. These directives outlined specific things each team must do during the care of the mother. These could be things like performing certain exams before administering medications known to cause complications or carefully assessing the baby’s weight.

Among the hospitals that participated in the initiative, saw a reduction in birth traumas of 22 percent with a 15 percent decrease in injuries to mothers. Claims for injuries went down by 39 percent in a four-year period, too.

Essential Tips to Detecting a Brain Injury

Published on: March 31, 2017 | By Jeff DeFrancisco

Sustaining a brain injury is widely considered to be a catastrophic outcome, if not fatal in the U.S. Mainly arising from various forms of accidents, sustaining a brain injury can adversely affect your life in a variety of ways. In a nutshell, a Brain injury refers to a range of head trauma, from minor concussions to damaged brain tissues caused by a damaging blow to the skull. Whether it’s a sharp or blunt object, you might want to seek medical immediately. As a potential victim, it is advisable to exercise vigilance on the following symptoms:

Confusion
Dizziness
Headaches
Personality changes
Memory loss

Sustaining a brain injury courtesy of negligence from a car driver is surely guaranteed to adversely alter your life. Apart from the possibility of permanent disability, seeking accident compensation and footing medical expenses can be a tall order, to say the least. In most cases, rehabilitation can be a daunting task especially in the absence of medical support to aid you in the process. Unlike other medical conditions, a brain injury can be quite challenging to analyze effectively. Fortunately, the presence of imaging tests, the Glasgow Coma Scale Test and proficiency from qualified specialists should be enough to diagnose such conditions efficiently.

Brain injuries are mainly manifested in two forms; they are either closed or open. The latter relates to bruises related to skull fracturing mostly due to accidents leading to direct contact with a hard surface. The former mainly revolves around incidents of swelling which ultimately result in blood clots. Whether open or closed, a brain injury should be taken seriously and immediate medical attention can spell the difference between life and death. A brain injury doesn’t necessarily arise from a high-speed object. It could simply be the product of a sudden fall on a hard surface.

Motorcyclists killed in New York accident

Published on: March 29, 2017 | By Jeff DeFrancisco

Riding a motorcycle is a double edged sword. Yes, it gives you a beautiful sense of freedom and makes you look cooler than anyone else on the road. But, and it’s a big “but,” you have to deal with motorists who don’t see you and even ones who are openly hostile toward you. You’re completely exposed, so when an accident does happen, catastrophic injuries usually follow. Now throw drunk or distracted drivers into the mix, and you have a recipe for disaster.

Those elements came together with tragic results one night in late January. A 47-year-old motorcyclist was heading south when he was hit by a man driving a Lincoln northbound. The motorcycle rider was thrown from his bike. Emergency rescue crews arrived at the scene and transported the man to a nearby hospital, but he was unable to recover from his injuries.

During an investigation, authorities discovered that the driver of the Lincoln was under the influence of alcohol at the time of the accident. He is now facing charges of operating under the influence.

4 tips for using scaffolding on construction jobs

Published on: March 28, 2017 | By Jeff DeFrancisco

Scaffolding, which is part of many construction jobs, comes with its own unique set of risk factors. While it has the potential to help prevent accidents and to assist in getting a job done, it also has the potential to cause falls and injuries. Construction accidents caused by scaffolding are preventable. Here are four tips for working with scaffolding on a construction job.

1. Remember your hardhat

The first tip for workers is to remember to wear a hardhat any time the scaffolding is being dismantled or erected. There are many plates, screws and other items that have the potential to fall, which could impact workers below the scaffolding’s platform. Wearing a hardhat prevents dangerous concussions and head injuries from these falling items.

Who can be held accountable for birth injuries?

Published on: March 27, 2017 | By Jeff DeFrancisco

It is commonly thought that in the case of a birth injury or medical malpractice claim, only the doctor can be held accountable. In actuality, the hospital, nurses, other medical staff and even the pharmaceutical companies can be held accountable.

When it comes to birth injuries, hospitals can be held responsible for their own negligence as a corporation or vicariously liable for the negligence of their medical staff or employees. A hospital is responsible for hiring staff with the proper credentials, education, training and verification and also of providing the appropriate training to its staff. If a hospital hires an employee without looking into the employee’s credentials, education and training then it can be held liable. This is also the case where the hospital knows that an employee is not competent but allows them to perform in the hospital.

Hospitals are required to have an appropriate number of staff and nurses at all times in case of emergencies. Hospitals can also be held accountable when their medical facilities fail to protect the baby or mother from harm or is the cause of harm. It can also be held liable if tests are not properly performed, if medical records were not properly organized, or if the hospital did not allow treatment to the patient on the basis of their religion, gender, race or their ability to pay.

Determining the Guilty Party Responsible For Birth Injuries

Published on: March 24, 2017 | By Jeff DeFrancisco

It is widely known that a negligent doctor ultimately takes the fall in case of a birth injury attributed to medical malpractice. In actual sense, both the hospital management and nurses can be held accountable in case complications arise during the delivery process of a newborn child.

Since the hospital management is responsible for the hiring of new staff, it is in their best interests to adhere to strict regulations regarding verified credentials, training, verification and education of new and existing employees. The absence of such prudent requirements can inexplicably lead to medical malpractice with a birth injury the worst case scenario. To aggravate the situation, certain hospitals opt to hire unqualified workers, yet they can abruptly affect the hospital’s reputation sooner rather than later. Hospitals dedicated to effective service delivery should possess adequate staff, comprising of doctors, nurses and cleaners at all times to accommodate the regular influx of patients.

In the absence of such professionals, a hospital can be sued for endangering an infant or mother during critical emergency procedures. Incomplete tests can also throw a spanner in the works by piling more charges to the guilty party. As a victim, it is irrefutable that your physical and mental wellbeing might never be the same again. Whether it’s a serious injury such as a uterine rupture, a brain injury or even a stillbirth from an expectant woman, hoping for a full recovery might seem like a daunting task, to say the least. The substantial medical expenses will be catered for by compensation upon a conclusive inquiry. Medical misdiagnosis isn’t a far-fetched idea when a negligent doctor prescribes the wrong medication courtesy of poorly organized medical records.

Who is liable for your injuries in a driverless car accident?

Published on: March 22, 2017 | By Jeff DeFrancisco

Under traditional tort theory, the operator of a vehicle is the primary person responsible for the accident (unless he can overcome the presumption by implicating another party, such as a negligent mechanic). Driverless cars challenge this fundamental aspect of American tort theory and leaves this crucial question, if you are hit who is liable? How do you recover for your injuries? Are you left in legal limbo? This post will go over the answers to those questions.

The Department of Transportation recently passed regulations that holds that the computer is the “operator” of the car. That means, even if there is a human operator in a driverless car, the computer is the nominal driver. But does that mean you sue the computer? Is that even possible? No, there is no basis in law for holding a computer responsible for its actions. But it is likely that the court will apply long-standing products liability laws to driverless cars.

Essentially, the manufacturer or designer of the computer would become liable for your injuries. In this scenario, multiple parties are liable for your injuries from the software designers, to the hardware manufacturer and even retailers. While this may sound like a boon to plaintiffs, it also imposes steep challenges. Products liability cases are far more difficult to prove than standard car accident negligence cases.

Cognitive issues associated with brain injury

Published on: March 21, 2017 | By Jeff DeFrancisco

If you are in an accident in New York or otherwise suffer a serious blow to the head, you or your physicians may be concerned with whether you also suffered a traumatic brain injury. TBIs are frequently linked to cognitive problems, and these problems can be relatively minor in nature and improve over time, or they might be far more serious, and leave you with permanent medical issues that require considerable long-term care. At DeFrancisco & Falgiatano, we understand the devastating effects of TBIs, and we have assisted many brain injury sufferers who have developed limitations as a result of their injuries.

Among the cognitive issues you may experience following your brain injury is trouble communicating your feelings, needs and wants. Many who suffer a serious blow to the head find that they struggle to communicate in the manner in which they are accustomed. It is also common to have trouble formulating sentences, expressing thoughts and interpreting the communications of others.

As a TBI sufferer, you may also find that your memory and ability to concentrate also take hits. It is common to have trouble staying focused on lengthy conversations or finishing tasks after they are started, and you may also find that your attention is easily pulled in several different directions at once. This inability to fully concentrate can also make it harder for you to process information as you typically would, which may make it hard for you to keep up with conversations, television show plots, material you read and so on.

The many causes of commercial construction worker injuries

Published on: March 15, 2017 | By Jeff DeFrancisco

Are you employed as a commercial construction worker? Do you enjoy your job? Do you also realize that you could be injured at any point?

As a commercial construction worker, it’s a must that you do whatever you can to avoid trouble on the job. You should also expect your employer to take steps to prevent an accident.

There are many causes of commercial construction worker injuries, including but not limited to the following;