Syracuse Personal Injury Law Blog

Work with experienced med mal attorney to effectively navigate discovery process

Published on: June 30, 2016 | By Jeff DeFrancisco

Last time, we began looking at the positive trend of increasing transparency in the delivery of health care. There are a variety of positive changes that will come about as the result of increased transparency in health care, particularly when medical error ends up harming a patient. Unfortunately, in many cases, patients receive poor communication from providers and hospitals and are left to fall back on the legal process to protect their rights.

As we noted, health care providers and systems are the primary holders of information when a medical error occurs. This isn’t to say that every case of medical error will be documented, because that isn’t true. In cases where medical error is reported and documented, though, it is up to the patient to make use of the legal process to obtain the information he or she needs to build a sound medical malpractice case.

When parents begin to notice developmental issues related to cerebral palsy, speaking to a lawyer sooner is better than later to ensure that parents understand the extent of the injury and their options for seeking appropriate compensation. Parents who notice developmental issues can have a medical evaluation done to determine cause of the problems. Medical evaluation of an infant is based on the so-called Apgar test, which evaluates an infant’s appearance, pulse, grimace, activity and respiration.

Federal program encourages transparency between providers, patients

Published on: June 24, 2016 | By Jeff DeFrancisco

Lack of communication or poor communication between doctors and their patients is problematic in a number of ways. It is particularly problematic, though, when the communication failure concerns serious medical or surgical errors. Lack of communication is often the result of the provider’s fear of liability, but lack of communication often results in more willingness to litigate.

This is one reason for the push to increase transparency between patients and their providers. The trend of increasing transparency is one that has even expanded to the federal level, with the Agency for Healthcare Research and Quality now promoting new guidelines for hospitals to adopt. The guidelines are premised on saving hospitals money as a result of reducing medical malpractice litigation.

The program, known as Communication and Optimal Resolution (Candor for short), has federal funding behind it and has been tested at a number of hospitals. The program prescribes the communication of error to the patient and their families within one hour of their occurrence. Providers are advised to keep close contact with patients and their families during the investigation, which is supposed to be completed within a month or two, and to interview them about the occurred. Billing is also placed on hold during an investigation. At the end of the process, hospital staff is supposed to discuss future prevention of such incidents to the patient.

Looking at the issue of vehicle maintenance in trucking accidents, P.2

Published on: June 23, 2016 | By Jeff DeFrancisco

Last time, we began looking at the topic of commercial vehicle maintenance, pointing out some of the general requirements for vehicle maintenance at both the state and federal level. As we left of saying, the requirements from the state of New York are essentially the same as the federal requirements.

When inspectors check out a vehicle for purposes of compliance, there are a lot of areas they inspect to ensure a vehicle is in safe operate condition. This includes checking on matters related to the transportation of hazardous materials, checking a vehicle’s fuel and braking systems, lighting, steering, coupling devices, suspension, tires and wheels, windshield wipers, mirrors, horns, exhaust, emergency equipment, and other areas.

Laxity in complying with safety rules, of course, is not a good idea for commercial vehicle operators. Doing so is not only bad for business, but can also lead to civil penalties and tort liability. An accident victim, or his or her survivors, may use failure to comply with vehicle safety regulations to establish liability at trial. Liability, as we’ve mentioned before, can be based on any failure to carry out some legal duty, including vehicle maintenance rules, traffic rules, or the general duty to exercise reasonable care in operating a motor vehicle.

Understanding the real cost of birth injuries

Published on: June 22, 2016 | By Jeff DeFrancisco

Virtually nothing comes close to the emotional toll of a birth injury – but the financial toll should not be overlooked, either.

When a medical professional’s negligence causes injury to your newborn, you may need time to grieve. But at the same time, it is essential that you begin thinking about how to give your child the best life possible.

According to the CDC, lifetime medical costs for children with intellectual disabilities are more than 25 times higher than costs for children without disabilities. Can you rely on your health insurance to cover the difference? Do you need to file a lawsuit so you can afford to give your child the care he or she deserves? To decide the best course of action, it is important to have a handle on the true costs of raising a child after a birth injury.

Report: vehicle maintenance issues plague sanitation companies

Published on: June 22, 2016 | By Jeff DeFrancisco

Under a bill currently being considered in New York City, private sanitation companies would have the exclusive right to collect trash in established zones. The idea behind the legislation is to make the city’s oversight of sanitation trucks easier. Oversight is a particular problem with respect to sanitation truck maintenance.

Evidence of the problem can be seen in a recent report which found that most of the safety violations involving private sanitation companies in New York amount to maintenance failures. According to the report, almost half of all private sanitation trucks from New York City’s top 20 sanitation companies, had to be put out of service for maintenance problems over a two year period. In one case, a company’s out-of-service rate was 86 percent.

According to some in the industry, employers in sanitation work are failing to maintain their fleets and are thereby putting their workers and other motorists at risk. When it comes to maintenance, problems can pop up in a number of areas, from balding tires to nonfunctional brakes to broken or missing lights or windshield wipers. Depending on the traffic and weather conditions, such maintenance errors can create deadly circumstances.

Filing a medical malpractice lawsuit? Consult with an attorney

Published on: June 22, 2016 | By Jeff DeFrancisco

We don’t need to debate the merits of a for-profit medical system today, other than to say that that’s exactly what we have in this country right now. As a result, the profit drives all of the decision making, and that can lead to some horrible mistakes or some sub-standard care for patients who are just innocently trying to take care of themselves.

Whether you approve of the current system or not isn’t the point. The point is that we all have an expectation that our doctors, hospitals and medical personnel will make the best decisions for us regarding our care and health. When a mistake is made or a medical error causes us harm, then we need to consider our next legal steps.

There are a lot of procedural elements that you need to follow in order to ensure you are doing things the right way prior to filing a medical malpractice lawsuit. You need to support your claims and get medical evidence that shows why someone provided substandard care to you, or why the medical error happened and how it caused you harm.

Comparative negligence in pedestrian, cycling accident cases

Published on: June 21, 2016 | By Jeff DeFrancisco

In our last couple posts, we looked at a recent spate of pedestrian and cyclist deaths in New York City, noting that three of the four accidents were hit-and-run incidents. As we pointed out, pedestrians and cyclists have rights and should not assume that they have no possibility of recovering damages after an accident, despite the occasional bias they may encounter with law enforcement.

That being said, pedestrians and cyclists should be aware that, in seeking compensation for damages caused by a negligent motorist, they may themselves be subjected to allegations of negligence. This can occur when the pedestrian or cyclist may have taken some sort of unsafe action that ended up contributing to the accident. This is known as the doctrine of comparative negligence.

A fair number of states recognize some form of comparative negligence. The basic idea is that a plaintiff may have his or her damages reduced in proportion to his or her degree of fault for the injuries. Under New York’s comparative negligence law, an injured party may recover damages in cases where he or she is deemed to have been negligent, even if the individual is 99 percent at fault. This is known as pure comparative fault. In other states, a plaintiff may only have the ability to recover damages if he or he is less than 50 percent of 51 percent at fault.

Recent NYC deaths showcase the dangers for pedestrians, cyclists on roadway, P.2

Published on: June 20, 2016 | By Jeff DeFrancisco

Last time, we mentioned a spate of pedestrian and cyclist accident in New York City, pointing out that three of the four accidents were hit-and-run incidents. As we noted last time, pedestrians and cyclists sometimes face challenges with the criminal justice system in having accidents fairly investigated.

In some cases, law enforcement officers have been known to make incorrect assumptions about fault when investigating an accident. When offices are afflicted with bias against cyclists, and sometimes pedestrians, to it can translate into a failure to cite an at-fault party for a violation or failure to take more widespread action to address unsafe driving practices that put pedestrians and cyclists at risk.

Cyclists, in particular, face a fair amount of mistreatment and bias from motorists and law enforcement. Part of the problem, of course, is that some cyclists habitually and blatantly violate basic traffic laws. Running red lights and stop signs, failing to move to the shoulder of the road when it is safe and possible to do so, failing to alert motorists about turns, and so on. When a cyclist violates traffic rules, it is fairly obvious and has a way of generating anger among motorists.

Recent NYC deaths showcase the dangers for pedestrians, cyclists on roadway

Published on: June 18, 2016 | By Jeff DeFrancisco

Four individuals were killed by motorists in New York City last weekend, a powerful reminder of the serious risks pedestrians and cyclists face on the road and of the need to continue to improve roadway safety for pedestrians and cyclists.

One of the victims was a pedestrian, while two were cyclists. Sources weren’t clear about the fourth victim, but did say that three of the crashes were hit-and-runs. Hit-and-run, of course, is a serious crime, not only because it puts an accident victim at increased risk of fatality, but also because it represents a failure to take responsibility for harm done to another human being.

Neither were sources clear about the circumstances of all the crashes, though at least one of the crashes occurred while the victim had the right of way. Different cities have different local laws, but New York City’s Right of Way Law imposes punishments on motorists who harm pedestrians and cyclists who are abiding by all traffic regulations at the time of the accident. Cab drivers, under another law, can have their license revoked for killing walkers or bikers who have the right of way. As some commentators have pointed out, though, these laws are not consistently enforced or pursued by prosecutors.

Seeking recovery against federal health care providers: an overview of the FTCA, P.2

Published on: June 17, 2016 | By Jeff DeFrancisco

Last time, we began looking at the Federal Tort Claims Act, under which those harmed by federal health care providers may seek recovery from the federal government. Under the FTCA, the federal government may be held liable in the same way, and to the same extent, as a private hospital or health care provider would be liable.

One difference, though, is that the FTCA does not allow plaintiffs to obtain punitive damages. For those who aren’t familiar with them, punitive damages are not intended to compensate the plaintiff but rather to punish the defendant in a civil context. The damages available to plaintiffs in FTCA claims are limited to compensatory damages, which are the monetary losses stemming from the negligence asserted.

Another difference is that the federal government is allowed to assert defenses based on immunity that are otherwise available to federal employees, as well as other defenses unique to the federal government. While the FTCA is considered a general waiver of the defense of sovereign immunity, there are some circumstances where a plaintiff may not be entitled to recover damages due to immunity.