Syracuse Personal Injury Law Blog

How a doctor or medical institution may defend itself in court

Published on: May 9, 2016 | By Jeff DeFrancisco

It may seem as though you have an obvious, “slam dunk” case when you are affected by a medical mistake, but even if you bring legal action against a doctor, institution or both, you will have to prove your case. And the doctor and/or institution will build their own defense to the case.

With that in mind, it is imperative to understand what kind of defense tactics the doctor and/or institution will utilize in a medical malpractice case.

First of all, every case is different, and every state is different. Understanding how the medical malpractice laws apply in your state is critical to building your case — and to prepare for the defense.

New report on medical errors paints bleak picture

Published on: May 8, 2016 | By Jeff DeFrancisco

A new report released in the journal BMJ concludes two very frightening aspects of medical errors. The first is that there may be many more medical errors that actually occur then we are aware of. And the second is that the number of medical errors that occur in the United States ranks them as the third leading cause of death in the U.S. behind only heart disease and cancer.

The report went into a little more detail. The researchers estimated that more than 251,000 deaths per year in the U.S. are related to medical errors. That far exceeds an oft-cited study from 1999 which estimated that somewhere between 44,000-98,000 people die every year as a result of a medical error. Subsequent studies, though, have shown increasing predictions for the number of deaths related to medical errors.

The report also criticized death certificates because they don’t ask for enough data — and that, researchers believe, may be leading to fewer medical errors being reported than are actually occurring.

Social media app implicated in alleged distracted driving accident, P.2

Published on: May 7, 2016 | By Jeff DeFrancisco

Last time, we began looking at a case in which a Georgia man is suing a teen he accuses of using Snapchat immediately prior to the accident. The man—who suffered a traumatic brain injury—is also suing Snapchat. As we noted, the teen and her friends say the man actually pulled into their lane, not giving her enough time to stop.

For its part, Snapchat denies that it encourages its users to use the app while driving, and that it displays warnings to users to not use the program while operating a motor vehicle. Police have, so far, chosen not to cite the teen for speeding partly because of conflicting accounts from her passengers about the speed of the vehicle. Police have said that the man may also have committed a moving violation by failing to signal before changing lanes.

The case is an interesting one not only from the standpoint of social medial use and distracted driving, but also with respect to the issue of negligence in personal injury cases. First of all, there is the issue of comparative negligence, if both parties are found to be partially at fault. Then there is the issue of third party negligence for Snapchat.

Social media app implicated in alleged distracted driving accident, P.1

Published on: May 6, 2016 | By Jeff DeFrancisco

Some of our readers, perhaps many, have heard of the social media platform called Snapchat. For those who haven’t, Snapchat is an image messaging application that allows users to take videos and pictures which are live for only a matter of seconds before they disappear. The app doesn’t support saving received messages, but it is possible to capture screenshots of the images.

Snapchat has been criticized for encouraging people to send inappropriate content without repercussion. Now, it seems, the company is being sued for encouraging distracted driving.

A Georgia man who was struck by a teenager using the program is accusing the company of negligence. The accident apparently occurred when the 18-year-old’s vehicle was travelling at over 100 miles per hour—specifically 107 m.p.h., according to accident reconstruction specialists. The teen apparently had three friends in her vehicle at the time of the crash. He claims she had been using a Snapchat feature which allows users to clock the speed of vehicles in an attempt to push her vehicle to higher speeds. As a result of the crash, the man apparently suffered a traumatic brain injury.

Seeking damages for brain injury in personal injury litigation

Published on: May 5, 2016 | By Jeff DeFrancisco

Last time, we spoke briefly about the potentially severe long-term consequences of traumatic brain injury. As we noted, brain injury can cause major changes in a victim’s life, impacting everything from work to family to recreation. Seeking appropriate damages for these losses is a critical aspect of personal injury litigation, and an experienced attorney will be able to increase a victim’s chances of maximizing his or her damages award.

The damages that may be available in brain injury cases fall into several general categories. One of these is compensatory damages, which encompasses things like medical costs, lost wages or income, and other damages that can be readily monetized. Another important category of damages in brain injury cases is non-economic damages. This includes damages that cannot be readily monetized, such as pain and suffering, loss of enjoyment of life, loss of independence, and other such losses.

As important as economic damages are in brain injury cases—and medical bills can be significant and ongoing—noneconomic damages can be particularly important to help ensure a brain injury victim is adequately compensated. This is especially true in cases where the victim may not have had a very significant income.

Study looks at long-term sleep consequences of traumatic brain injury

Published on: May 4, 2016 | By Jeff DeFrancisco

Brain injury can have a lot of long-term consequences, depending on the severity of the injury and the victim’s recovery. According to the Centers for Disease Control and Prevention, brain injury can cause long-term changes in cognition, sensation, language, and emotion, and can increase the chances of developing epilepsy, Alzheimer’s disease, Parksinson’s disease and other brain disorders.

According to a recent study, brain injury may also cause sleep problems. The study found that the majority of those who suffered a traumatic brain injury experienced long-term sleep disturbances, yet were unaware of sleep disturbance. These findings were found to be true regardless of the severity of the injury.

The study is interesting not only from the perspective of public health and epidemiology, but also from the standpoint of personal injury liability. Serious automobile accidents often result in traumatic brain injuries, which leave the crash victims with long-term consequences such as those mentioned above. The full impact of brain injury on a crash victim’s life can be enormous, affecting a crash victim’s financial situation, business opportunities, family life, recreational activities, and general enjoyment of life. Not to mention the enormous medical costs that can be involved in brain injury situations.

Bill could make establishing negligence easier in distracted driving cases

Published on: May 3, 2016 | By Jeff DeFrancisco

Distracted driving is a serious problem wherever you go nowadays. The widespread use of mobile devices has made it all too easy for even otherwise responsible drivers to put both themselves and other motorists at risk. States take a variety of approaches to the problem of distracted driving, some stricter than others.

Here in New York, the legislature has banned both texting and the use of handheld devices for all drivers. These are both primary laws, meaning that law enforcement is able to make citations for the offenses without there have been other offenses. Such laws may be helpful in the battle against distracted driving, but they are inherently limited, and must be supplemented with other efforts, including public education on the dangerous of distracted driving.

One of the emerging possibilities in fighting distracted driving is the use of so-called “textalyzer” phone scanners, which are able to tell law enforcement whether a driver was texting at the time of an accident. Lawmakers in New York are currently considering legislation which would make New York the first state where police are using the technology. Privacy concerns remain about the proposal, but supporters say the scanners would not allow officers to have access to motorists’ personal information.

Relaxation of federal truck safety rules puts other motorists at risk

Published on: May 2, 2016 | By Jeff DeFrancisco

Last time, we began discussing the federal hours of service regulations, which are largely intended to address the problem of fatigued driving among commercial vehicle operators. The rules, no doubt, do help to ensure that truck drivers are adequately rested while on the roadway, but there has been a fair amount of wrangling over the rules.

The most recent change with the rules took place in 2014 when Congress passed a bill which suspended enforcement of requirements for the 34-hour restart rule. The previous rule required truckers to take their rest breaks at a certain period of two consecutive nights, but that rule was suspended at the urging of the industry so that its effectiveness could be investigated. It remains to be seen whether it will be reinstated.

The trucking industry has been successful in initiating changes not only in the hours of service rules, but also with size and weight limits and other safety standards. These changes, as has been pointed out, have not been good for the cause of highway safety.

Truck safety and the federal hours of service rules

Published on: April 29, 2016 | By Jeff DeFrancisco

Truck safety is an important concern when it comes to improving highway safety. Because of their size and the weight they carry, semi-tractor trailers and other commercial vehicles present a serious risk of causing harm or death other motorists when they are involved in accidents.

One particular area where truck needs continual monitoring and improvement is driver fatigue. Long hours on the road and inadequate rest can make truck drivers a roadway accident waiting to happen. Driver fatigue has long been known to be a problem among truck drivers, and federal regulations are in place to help ensure that truckers get enough rest. These federal regulations are known as the hours of service rules.

The hours of service rules apply to commercial vehicle drivers whose vehicles meet certain requirements. On its website, the Federal Motor Carrier Safety Administration provides a brief summary of these rules. Slightly different rules apply to property-carrying drivers and passenger-carrying drivers. For the former, the rules include the following:

Work with experienced legal counsel to seek compensation for medication errors

Published on: April 28, 2016 | By Jeff DeFrancisco

In our last post, we began looking at the issue of medication errors, particularly the fact that the electronic systems used by physicians in many hospitals allow a significant number of potentially harmful errors to go undetected. As we noted, not every medication error results in harm to a patient. In many cases, the error is inconsequential or has a minimal impact on the patient. In some cases, though, medication errors can have more serious consequences.

Medication errors can take various forms. An obvious mistake is for a provider to make an incorrect drug selection, but it can also occur that the drug is not administered at the correct time, is administered incorrectly, or that an expired drug is administered. Errors may also occur in reviewing a prescribed drug regimen for appropriateness.

Depending on the type of error in question, there can be a variety of causes for medication errors. According to the American Society of Health-System Pharmacists, common causes of medication errors include poor physician handwriting, improper transcription of prescription, confusion about drug nomenclature, and inaccurate calculation of drug dosage. Failure of electronic health records systems can, as we’ve noted, also be a cause of medication errors as well. Physicians are not the only possible liable party, either. Other medical staff, including pharmacists, can make errors with medications which end up negatively impacting a patient.