Syracuse Personal Injury Law Blog

LAWSUIT: Ob-gyn procedure led to fetus’ death

Published on: January 11, 2016 | By Jeff DeFrancisco

Certain rulings in medical malpractice cases can set a precedent for cases in the future. That’s why it’s important for attorneys who work with medical malpractice victims to keep up on incoming and current cases. The outcome of a recent medical malpractice case involving an obstetrics and gynecology doctor may set an example for how such cases could be handled in New York and across the United States.

The case involves the death of a fetus that resulted from a procedure performed by the doctor. According to the case, the doctor ruptured a woman’s fetal membrane as she was “trying to remove an intrauterine birth control device.” The doctor failed to check if the woman was pregnant before performing the procedure.

The ruptured membrane caused the woman to go into labor and she delivered her 22-week-old fetus. That fetus apparently died less than a couple of hours later.

Steps to take to try to avoid a motorcycle accident (PART 2)

Published on: January 8, 2016 | By Jeff DeFrancisco

In today’s post we continue our discussion on things motorcycle riders can do to try to avoid an accident. We use the word “try” because that is truly all a rider can do in situations where others are involved. We have seen many cases where even the most experienced and knowledgeable rider cannot avoid the mishaps of others.

The most common accident that happens to motorcyclists is when another vehicle turns left in front of them. This is often where we hear the “I didn’t see them” excuse. A motorcyclist should always be aware that any intersection where a car is preparing to turn left may be an immediate threat. In these situations, it may benefit a rider to slow down and prepare for evasive measures if needed. Although some might think laying down their bike is the best option if they are about to collide, being in an upright position is a much better option. The best hope of surviving such a crash is to lower your speed as fast as possible before colliding. This could mean the difference between life and death.

What can a motorcyclist do to avoid having a car change lanes into them? Again, awareness is key here as well. Try to stay out of other vehicles’ blind spots and be aware of situations where vehicles are more likely to change lanes (such as when one lane of traffic is moving faster than another).

Steps to take to try to avoid a motorcycle accident (PART 1)

Published on: January 7, 2016 | By Jeff DeFrancisco

Motorcycle accidents are some of the most tragic on the road. With a lack of protection from the actual vehicle, injuries can be horrific. On the other hand, motorcycles do have features such as excellent handling, tires that grip well and powerful breaks that help riders avoid accidents. Unfortunately, a rider may do everything in his or her power to avoid an accident, but still hurt by the negligence of another driver on the road.

In our next two posts we will discuss what motorcyclists can do to stay safe on the road. First, there are quite a few things that motorcyclists can do on their own to increase their safety. Taking basic riding courses in order to educate yourself on safety is a smart idea. It’s also important to consider what you are wearing. Although your gear may not necessarily prevent all possible injuries, it may allow you to be in better control of your bike and can also help other drivers see you better.

There are several scenarios in which your speed will make a world of a difference. For example, a rider may enter a corner too fast, which could make them lose control. A good rule to follow is “slow in, fast out.” Go into the turn slowly and then speed up once you are out of it. This can be especially helpful if you end up hitting gravel in a blind corner.

New York third-party medical malpractice lawsuit reinstated

Published on: January 6, 2016 | By Jeff DeFrancisco

A very interesting case recently made it to New York’s highest court that brings up a unique issue when it comes to medical malpractice lawsuits.

We have extensively discussed medical malpractice lawsuits on our blog that involve a patient who was injured due to alleged negligence by a medical professional. If that individual was injured, he or she may file a lawsuit. In other cases we also hear about someone dying due to alleged negligence and their family filing a medical malpractice lawsuit on their behalf.

But what happens when the injury happens to a third party? This is exactly the issue that the higher court recently took on.

Man checking on vehicle in embankment killed on I-81

Published on: January 6, 2016 | By Jeff DeFrancisco

Sometimes the best intentions turn out to have tragic outcomes. Just before the new year hit, a man who had gotten out of his vehicle on a New York interstate in order to check on another vehicle was hit by another vehicle and died on the scene.

Oswego County officials outlined the tragic chain of events that led to the crash. The 27-year-old man was in a vehicle along with a 29-year-old female when they noticed an occupied vehicle that was in an embankment on the side of Interstate 81. They pulled over onto the shoulder and got out of the vehicle in order to walk down to the vehicle that was in the embankment.

At the same time, a 19-year-old driver also went down the embankment and hit the man and woman. The man died at the scene of the accident. The woman was taken by ambulance to a hospital in Syracuse. The 19-year-old driver was not injured. Police say the weather conditions at the time of the accident were very poor.

Syracuse VA has relatively low medical malpractice claim numbers

Published on: January 5, 2016 | By Jeff DeFrancisco

Up until 1946, veterans who felt they were victims of medical malpractice that occurred at a VA medical center were unable to sue. Thankfully Congress passed the Federal Tort Claims Act that year, which gave veterans the right to seek compensation from the federal government for the injuries they suffered at the hands of federal employees.

Recent information released by The Project on Government Oversight takes a look at the medical malpractice claims filed against VA medical centers across the nation between 1989 and 2008. That information brought some good news for the VA facility in Syracuse.

The statistics show that during that period of time there have been 31 claims filed against the Syracuse VA. Of those claims, 10 involved patient deaths. In total, the VA paid out some $2 million in claims; $1.56 million in cases that went to court and nearly $500,000 for cases that were resolved administratively.

Don’t forget to winterize your vehicle

Published on: January 2, 2016 | By Jeff DeFrancisco

Once winter comes along, many people know that it’s important to winterize their home. They may clean their gutters, flush the water heater, replace filters and cover their windows with insulation film. While we try not to forget our home in terms of winterization, some of us might forget that we need to winterize our vehicles as well. But what does that entail?

First, it’s important to keep your car maintained. Make sure you check the fuel system, belts, ignition system and exhaust system. Make sure you have windshield wiper fluid that can withstand the freezing temperatures and that your windshield wipers are in working condition. Drivers will often have to clear their windshield of snow and dried road salt, which can severely block visibility.

Make sure your gasoline tank is full, especially if you are entering long stretches of road. Having a full gas tank can also reduce the risk that a gas line will freeze.

Following less-obvious winter driving tips could save your life

Published on: January 1, 2016 | By Jeff DeFrancisco

Car accidents can happen during any time of the year, but New York drivers are all too aware that the winter season brings many unique dangers that can lead to horrific accidents and injuries. While most drivers understand that they need to take extra precautions on snowy and icy winter roads, there are some tips that they may not be aware of.

There are those that are pretty obvious: don’t drink and drive, know the road conditions in your area, leave room between your vehicle and the vehicle ahead of you, and make sure to not be distracted while driving.

Some tips that may not be as familiar could also save your life. If you have antilock brakes, don’t pump them. Just steer and step gently on the break. If you begin to slide, don’t jerk the wheel. Instead, take your foot off the gas and steer into the skid and slowly apply the brakes if needed.

Car accident personal injury cases come in many shapes and sizes

Published on: December 31, 2015 | By Jeff DeFrancisco

When our readers think about personal injury cases, they may first think about a two-car collision that happens on a New York road and leads to serious injuries. While this scenario does happen quite a bit, personal injury cases that result from car accidents can come in many different forms.

For example, a personal injury claim may be brought as a result of a one-car accident. This may happen if a passenger is injured due to the negligent behavior of a driver. The driver may have been distracted when the vehicle crashed or may have even been intoxicated. The difficult part about these types of cases is that the two individuals in the vehicle may be friends or acquaintances. One-vehicle accidents can also happen if a hired driver is transporting passengers and ends up causing an accident due to negligent behavior.

It’s also important to remember that you don’t have to be severely injured in order to file a personal injury claim. Some victims may feel like their injuries are not severe enough to seek financial recompense. But the fact is, a seemingly minor injury may end up causing years of pain that may lead to years of physical therapy. For example, whiplash may seem like a minor injury at first and may not even be noticed right away. But with time, whiplash can lead to constant pain that may need to be treated with regular therapy sessions.

Five-car accident injures seven in New York

Published on: December 30, 2015 | By Jeff DeFrancisco

Many people hit the road almost daily in order to get to work or run errands. Most of those car rides will be uneventful and conclude with a safe arrival to the person’s intended destination. The possibility of a car accident may not even cross their mind as they take the same familiar route to work or to the grocery store. Unfortunately, accidents typically happen very suddenly and without little warning. This is especially the case when a vehicle is hit in a chain-reaction accident.

A recent chain-reaction accident in New York led to the injury of seven individuals. It happened on Monday around noon in Clay. According to police, the incident started with a driver leaving a grocery store parking lot. That driver tried to exit onto a road heading southbound. As the driver did so, another southbound driver swerved to the side to avoid hitting the first vehicle.

That vehicle then hit another southbound vehicle. Both vehicles on the road ended up in the northbound lanes, hitting yet another vehicle. The northbound car then hit another northbound car and a disabled truck that was on the side of the road. While five cars were involved in this domino-like incident, the car that was pulling out of the grocery store was not hit.