Syracuse Personal Injury Law Blog

Decline in med mal litigation among factors contributing to NY insurance market volatility, P.1

Published on: April 12, 2016 | By Jeff DeFrancisco

Medical malpractice liability is an important factor for physicians in every area of medical care. The costs associated with malpractice liability can be significant, because the costs of medical negligence are often so great for injured patients.

Each state has a slightly different landscape when it comes to malpractice liability. In New York’s current system, there are five medical malpractice carriers, each of which is required to pay into a guaranty fund serving as a safety net in the event one of the insurer’s fails. Out-of-state carriers are not bound by the same requirement, and can thus charge less for coverage. In-state providers are having a hard time competing with the low rates of out-of-state providers, and this isn’t really a benefit to patients.

There are undoubtedly many factors affecting the current medical malpractice market in New York, and there isn’t necessarily a whole lot individual patients can do about it. Perhaps lawmakers and state regulators will come up with a solution to the problem, though it isn’t clear exactly what they would do to address it. One of the factors is that a significant number of insurance providers have come into the New York market in recent years because of a variety of factors. Because federal law exempts out-of-state providers from the state’s regulatory requirements, instability has resulted.

Man loses consciousness, breaks ribs after slip and fall accident

Published on: April 5, 2016 | By Jeff DeFrancisco

Many people think that in order to bring a personal injury claim against a company, you have to have suffered catastrophic injuries or someone should have died as a result of injuries. It’s important to remember, though, that even seemingly minor accidents can leave an individual seriously injured.

Those injuries may also keep an individual from working for a period of time. The combination of medical expenses related to the injuries combined with the inability to work may cause someone to seek compensation.

Recently a New York appeals court allowed a lawsuit against a local YMCA to proceed. The lawsuit was filed by a man and his wife after the man reportedly fell on ice in the parking lot of the Kingston and Ulster County YMCA.

Former Rikers inmate severely injured in attack gets settlement

Published on: April 4, 2016 | By Jeff DeFrancisco

In our last two posts we discussed the growing concern over assaults that lead to injuries in New York City correctional facilities. We discussed the various statistics that have been collected showing the increase in cases and payouts. But sometimes what can really highlight the severity of the problem is a real-life story.

Recently, a man settled a lawsuit for $750,000 after he was beat by correctional officers while he was at Rikers. The man was admittedly a crack addict but has since cleaned up and is working to make a better life for himself.

The man explained that the incident happened one day after some inmates threw food at officers in the prison. He was apparently in his cell listening to music on his headphones. An officer came into his cell and told him to take off the headphones, sit down on the bed and to “stop being so loud.” The man said he did just that. Suddenly, the started punching him in the face. More officers came into the cell and beat the man, who is now 53, in the ribs, face and back.

Reports of violent acts increase in NYC correctional facilities

Published on: April 2, 2016 | By Jeff DeFrancisco

In our last post we started talking about the increase in personal injury claims coming from correctional facilities in New York City. The last few years have seen significant increases. Although some of the claims come from simple accidents such as slip-and-fall accidents, many of them are due to violence that happens within jail walls.

When looking at the numbers during fiscal year 2015, there was a substantial increase in various types of incidents. There was a 46 percent increase of reported cases of jail staff being assaulted by inmates, there was a 27 percent increase in reports where a staff member used force against an inmate, and there was a 19 percent increase in infraction citations given to inmates for assaults or fights. All these increases have happened while the actual jail population has dropped in recent years.

Although the actual episodes of violent acts keep increasing, the number of inmate assaults that led to serious injury was down by 11 percent. Similarly, reports related to force used by officers that led to serious injury fell by 23 percent during 2015.

NYC jails see increase in injury claims

Published on: April 1, 2016 | By Jeff DeFrancisco

When we think about personal injury cases, the thoughts that come to mind are usually related to car accidents or premises liability incidents. These are everyday occurrences that unfortunately leave innocent victims injured. But it’s also important to remember that those that are not so innocent, at least in the criminal system’s eyes, have the same rights to safety as the general public. We’re talking about inmates in prisons and jails like the one on Rikers Island.

Every year, many individuals get hurt while in jail and their pain and suffering matters just as much as anybody else. They may be in jail for a conviction, but they also deserve to feel safe. Unfortunately, that is not always the case. In fact, statistics show that the number of personal injury claims filed against New York City for injuries that happen in the jail system keeps increasing year to year.

In fiscal year 2010, there were 1,204 claims. Then in 2014 there were 2,245 personal injury claims. When it came to fiscal year 2015, which concluded at the end of June of that year, there were 2,846 claims. That’s an increase of 27 percent from the previous year. The fiscal year that started this past July is already showing signs that the trend will continue.

Summertime fun can quickly turn tragic

Published on: March 31, 2016 | By Jeff DeFrancisco

As summertime rolls in, Syracuse residents will slowly thaw out and make their way outside to enjoy the great weather. It’s always a treat to be able to enjoy warm days outside and be more active. While we do our best to enjoy various activities, we also need to keep in mind that the summertime often brings more injuries.

These injuries may be related to sports activities such as soccer and football. People of all ages can get injured during a bike ride or while rollerblading. And other activities, such as boating or summer patio parties, can lead to devastating injuries if alcohol is involved.

Many of these activities are done in a group setting which means your injuries may have resulted from another person’s actions. For example, if you were on a friend’s boat and got injured because he was driving drunk and got into an accident, you may end up wanting to seek compensation for your injuries.

Syracuse bicyclist hit by car, suffers head injury

Published on: March 28, 2016 | By Jeff DeFrancisco

According to statistics provided by the New York State Department of Motor Vehicles, there were 47 bicyclists killed in our state in 2014. On top of that, more than 5,600 bicyclists were injured that year. That’s a hefty number to consider. In terms of deaths, even one bicycle-related death is one too many.

A large proportion of those bicyclists were in the 25-to-29 age range and in the 60-to-64 age range. The rest of the fatalities were scattered from age 5 to 74. In the majority of those cases, the bicyclist was not wearing a helmet. While adults are not required to wear a helmet while on a bicycle, those under the age of 14 have to wear one as law.

Unfortunately, as statistics show, even when someone does wear a helmet, it may be no match for the actions of a negligent motor vehicle driver. Many bikers are very experienced and use all types of safety equipment, but are still unable to avoid being hit by a driver.

You may end up filing an injury claim against someone you know

Published on: March 26, 2016 | By Jeff DeFrancisco

Car accidents come in all shapes and sizes. They may be simple fender-benders or involve dozens of cars in a large pileup. The negligent party might be the driver that hit you or it might be the driver of the vehicle that you were in.

The second scenario can often be tricky and cause a lot of car accident victims to feel anxious. If you were hurt in a car accident due to the negligence of the person who was driving the car you were in, you may feel hesitant about filing a claim against them. After all, if the two of you were in the same vehicle, it is very likely that you know each other in some capacity. Perhaps you are coworkers who carpool to your jobsite every weekday or you guys are close friends who rode together to a weekend party.

It can be hard to consider filing a lawsuit against someone you know, but you may also feel as though you have no choice when you see the medical bills piling up. This is a sensitive issue and one that you may want to discuss with your personal injury attorney.

TNM system helps doctors describe cancer

Published on: March 26, 2016 | By Jeff DeFrancisco

In our last post we discussed the various stages of cancer. There are other ways for doctors to describe and understand the progression of a patient’s cancer. Doctors typically use the American Joint Committee on Cancer’s TNM system when describing a cancer’s stage. It’s important to remember that each type of cancer has its own TNM system as well.

TNM stands for tumor, node, and metastasis. Each one of these is used to describe the cancer. A number from zero to four is used after the letter “T” in order to explain the location and size of the tumor. It also describes how much it has grown into the tissue nearby.

The letter “N” will also include a number ranging from zero to three. This letter explains whether the cancer was found in the lymph nodes and how many lymph nodes have cancer.

Stages of cancer: what are they and why are they important?

Published on: March 25, 2016 | By Jeff DeFrancisco

There are many cancers out there that can quickly become deadly. Doctors often discuss cancer in terms of what stage it is in. It is important that a doctor performs all of the necessary tests in order to understand whether a patient has cancer and if so, what stage that cancer may be in. The stage a cancer is in has a lot of implications in terms of a person’s chances of survival. Let’s take a look at the different stages of cancer.

–Stage 0: This stage is known as ‘in situ,’ which means in position. In this stage the cancer can produce a tumor right where it started. The cancer poses little or no threat to a person’s life and may never go beyond this stage. It can be easy to cure by removing the tumor.

–Stage 1: This stage is often known as early-stage cancer and is basically localized. It is usually small and has not grown deep into nearby tissue. It also has not spread to other parts of the body.