Syracuse Personal Injury Law Blog

Dealing with hospital and medical malpractice

Published on: February 13, 2017 | By Jeff DeFrancisco

Anyone responsible for your health care can be slapped with a medical malpractice and negligence suit. But it is important to understand that proving fault in these cases is the most crucial aspect. Although doctors generally face malpractice cases, hospitals and pharmaceutical firms might also face this challenge. Going through medical treatment is difficult in itself, without the added worry of medical malpractice. If you feel that you did not receive the medical attention required, you have the right to sue the facility.

If you feel the hospital neglected your medical needs, it can be held liable for any injuries caused. Although the medical staff is part of the hospital and can be sued individually, suing the hospital means that there was some sort of corporate negligence involved. For example, if an incompetent health care professional causes further harm to the patient, the hospital can be held responsible for hiring the incompetent professional.

Large pharmaceutical companies may also be the target of your malpractice lawsuit if their drug caused injuries or death. But it is essential to know that you may only sue the company if they did not warn users about possible side effects. The pharmaceutical company is liable to the doctor, who is a learned intermediary between them and the patient. But if the drug is prescribed under correct circumstances and leads to injuries, you may sue the pharmaceutical company.

Bring a claim against your doctor for misdiagnosis

Published on: February 10, 2017 | By Jeff DeFrancisco

Doctors find themselves in a unique position in our society. Any person with any sort of medial issue consults a doctor to find the solution to the problem. The level of trust and responsibility placed on the shoulders of a doctor requires him to conform to a certain standard of care and diligence. However, doctors, like the rest of us, are at the end of the day merely humans and are bound to make erroneous judgments.

If a patient has been wrongly diagnosed or has not been diagnosed in a timely manner, the patient may suffer harm or injury due to the delay or misdiagnosis. This, in turn, may lead to the doctor being held negligent. Generally, doctors provide a list of probable causes of the illness, and this is known as a “differential diagnosis.” The standard of care is a key factor in assessing malpractice. If the doctor did not conform to the standards expected of a reasonable, prudent doctor while giving out the diagnosis, then a doctor may be held liable for malpractice. However, proving malpractice for misdiagnosis is not easy. If a doctor does not diagnose a patient with a particular illness, and that illness later develops in the patient, it will be hard to hold the doctor liable in such a circumstance.

A doctor may also be held liable where he treats a patient for an illness the patient is not actually suffering from, resulting in harm. Furthermore, doctors may also be held liable for malpractice where they completely dismiss the probability of a patient suffering from an illness, which he, in fact, suffers from.

Be cautious when mixing medications

Published on: February 7, 2017 | By Jeff DeFrancisco

Most drug interactions are easy to anticipate, especially when your doctor has an up-to-date list of your current medications. Patients are required to fill out certain medical forms, answer health questions and list current medications they’re taking whenever they see a doctor. Depending on how often you visit the doctor or how many doctors you see, it’s possible you have a lot of experience with these practices.

These forms are an important part of your visit so be very thorough when filling them out. Before your appointment, make a list of any and all pills you take (prescribed and over-the-counter).

Should dietary supplements be included in that list?

Could cancer startup reduce delayed-diagnosis claims?

Published on: January 12, 2017 | By Jeff DeFrancisco

A former Google executive has launching a startup with a personal agenda. After losing his wife to colon cancer, Jeff Huber hopes his new startup, Grail, can develop a test that will detect cancer early. He hopes to prevent more late diagnoses, like his wife’s, that can make cancer more difficult to treat.

The startup is looking to raise $1 billion in venture capital to develop a test that can detect any of the main types of cancer, Forbes reported recently.

If the venture is successful, it could potentially save or extend lives. And the promise of making it easier to detect cancer early on could possibly help prevent a certain type of malpractice claim: delayed diagnosis.

Would you trust a doctor on a 28-hour shift?

Published on: December 27, 2016 | By Jeff DeFrancisco

The experts say you shouldn’t drive a car without a full eight hours of sleep. Would you perform a medical procedure?

The Accreditation Council for Graduate Medical Education (ACGME), an organization that oversees residency requirements for doctors in training has suggested changing the maximum shift from 16 hours to 28 — working over two days straight. The proposal recently closed to public comments and is set for review in February 2017.

Sleep impairment and reduced reaction

Many studies of driver behavior show that sleep deprivation causes serious impairment to the senses. According to an Australian research group, being awake for 18 hours (10 hours fewer than the new proposal for doctors) is comparable to a .05 blood alcohol concentration. After 24 hours, that jumps to .10, which is above the legal driving limit. Even a slightly reduced sleep scheduled hurts reaction and awareness. Car accidents for those sleeping 6-7 hours per night are almost double those who sleep 8 hours or more.

Can a party partially responsible for an accident claim damages?

Published on: December 20, 2016 | By Jeff DeFrancisco

Motorcyclists while having the most freedom on the road are also the most vulnerable as there is very little protection offered by the bike in the case of a collision. Furthermore, motorcyclists are quite small in comparison to cars and thus are easy to overlook and miss when in heavy traffic. Compared to cars, motorcycles require far more skill and concentration to drive as they lack stability compared to cars.

Similar to many vehicle accident cases, motorcycle accident claims revolve around the tort of negligence. In the case where the motorcycle rider was partly at fault for the accident, he or she won’t be able to recover any damages under the principles of contributory negligence. If the principle of comparative negligence applies, then the recovery of damages may be possible based on the calculation of damage caused by each party.

Helmets are protective gear that offers vital protection to the head of the rider in the case of an accident. In many states, it has been made mandatory for motorcycle riders and their passengers to wear helmets.

Driver in Tracy Morgan truck accident case won’t go to jail

Published on: December 12, 2016 | By Jeff DeFrancisco

If you’ve been following this blog, you’re probably aware of the ongoing case of the truck driver whose drowsiness caused him to collide with comedian Tracy Morgan’s limo back in 2014. The accident took the life of Morgan’s dear friend James “Jimmy Mack” McNair and left Morgan in critical condition with a traumatic brain injury and several broken bones.

The driver admitted that he hadn’t slept in over 28 hours when the accident happened. After pleading not guilty for a period of time, in late November the driver finally pleaded guilty to four counts of aggravated assault and one count of vehicular homicide in order to avoid going to prison. As a part of the deal, he will have to serve 300 hours of community service.

Here’s where it’s important to remember that, from a legal standpoint, criminal cases are separate from civil cases. Whether a defendant in a truck accident criminal case is found guilty or not guilty, the victims can still file a lawsuit seeking compensation for injuries. In this case, Tracy Morgan agreed to an undisclosed settlement with Wal-Mart, the company the driver worked for, and McNair’s family settled for $10 million.

New study finds Caesarean sections altering human evolution

Published on: December 7, 2016 | By Jeff DeFrancisco

Medical advances have improved the quality and length of life for countless people around the world. While this is obviously a positive thing, human evolution changes if Darwin’s nature has less impact and Hippocrates’s modern medicine grows. For example, scientists in Austria say that the rise in Caesarean section births has helped the shape of women to evolve.

The researchers estimate that the number of babies that cannot fit down a woman’s birth canal has gone from 3 percent in 1960 to 3.6 percent today. Their explanation is that there have been a few generations of women who have a narrow pelvis size (and smaller birth canal) that have had babies via c-section. The idea being that women with a narrow pelvis would have died in childbirth more often, thus not passing the thin pelvis gene on to descendants.

“Without modern medical intervention such problems often were lethal and this is, from an evolutionary perspective, selection,” said Dr Philipp Mitteroecker, of the department of theoretical biology at the University of Vienna, in a story by bbc.com. The original research was published in the in the journal, Proceedings of the National Academy of Sciences.

Cancer warning signs that women can’t afford to ignore

Published on: December 4, 2016 | By Jeff DeFrancisco

Because women’s bodies are constantly changing throughout their lives, it can be difficult to discern normal changes from symptoms of potentially serious problems. In this post, we’re sharing five common cancer symptoms that are dangerous for women to overlook.

Many women look out for the well-being of multiple people – including children, partners, friends and relatives. However, it is essential that you prioritize your own health, too – for yourself and for the people you love.

Breast changes – It is always wise to have your doctor look at any lumps, skin dimpling, changes in your nipples or red skin on your breasts.
Bloating – Bloating is very common in women and often harmless. However, if it persists for more than a week or two, or comes with weight loss or bleeding, it may be a sign of ovarian cancer.
Bleeding in between periods – If you still get a period, report any spotting in between cycles to your doctor. If you are bleeding after menopause, it is essential to get checked out right away.
Skin changes – Do not delay if you have a mole that changes shape, color or size. It is a common sign of quickly-advancing skin cancer.
Blood in the stool or urine – Any unusual bleeding should be reported to a doctor, especially blood in your stool or urine that lasts more than a couple of days.

What time is deadly drowsy driving most common?

Published on: November 22, 2016 | By Jeff DeFrancisco

Drowsiness is something many might associate with nighttime. So, some might assume that being at risk of drowsy driving is something that mainly happens at night. However, a recent study, by SleepJunkie, indicates that it is actually the morning that sees the most fatalities related to drowsy driving here in the United States.

The study reviewed federal data on drowsy driving crash fatalities to look into what time of day saw the most such deaths. It found that the hour of the day in which drowsy-driving-related fatalities were at their highest levels was the 6 a.m. to 7 a.m. hour. The hours that held the No. 2 and No. 3 spots were also morning hours. In fact, they were the hours on both sides of the 6 a.m. to 7 a.m. hour.

Why do you think the morning sees so many drowsy-driving-related deaths? What do you think are the best ways to stay away from drowsy driving in the morning?