Syracuse Personal Injury Law Blog

A discussion of premises liability basics in New York

Published on: November 8, 2015 | By Jeff DeFrancisco

We hear about premises liability cases quite frequently, especially in New York. Most of the ones that make the news have to do with commercial properties and serious injuries resulting from slip and fall accidents or falling objects. But premises liability is a broad topic that can include a variety of injury types and can happen in a multitude of different locations.

According to the New York City Bar website, if someone is injured while lawfully on another person’s property, the owner may be liable for those injuries if negligence is involved on the part of the owner. There are several elements that need to be proven in a premises liability case. First, it needs to be shown that the victim was on the property lawfully. In some rare circumstances, a person may be on the property unlawfully and still receive compensation for injuries. We will discuss this issue more in our next post.

Secondly, there has to be proof that the property owner’s negligence led to the unsafe conditions. This may mean, for example, that the owner knew about the issue and never fixed it or fixed it but did not do so in a way that made it safe.

Seemingly minor injuries can quickly lead to mounting bills

Published on: November 7, 2015 | By Jeff DeFrancisco

Imagine sitting on a bus one moment minding your own business and the next thing you know, you’re at the hospital being treated for an injury. That’s exactly what happened to an individual who was riding a Centro bus last month. The bus was stopped in traffic on Old Liverpool Road in Salina, New York when a Cintas company truck crashed into it from behind.

Both vehicles were heavily damages, but what’s worse is that two people were injured due to the crash. The driver of the truck apparently suffered leg injuries and facial injuries and was taken to Upstate University Hospital. The crash also left one of the five passengers on the bus with a facial injury. That passenger was taken to Community General Hospital for treatment. The driver of the bus was reportedly not injured.

The main issues that come into play in these types of accidents are whether the at-fault driver acted negligently and whether other individuals were injured. While at first the bus driver and the other four passengers may say they weren’t hurt in the accident, very often people begin to feel the ramifications of an accident days after it occurs. In this case, it’s important to turn to a medical professional and document any injuries that may have happened. It’s also important to work with a lawyer who has experience with personal injury claims in order to seek compensation for your injuries.

Medical malpractice lawsuit: what are the first steps? (PART 1)

Published on: November 5, 2015 | By Jeff DeFrancisco

When someone suffers an injury or dies while under the care of a physician, they or their loved ones may wonder if medical negligence was involved. The key issue that needs to be addressed is whether another medical professional would have provided the same standard of care under similar circumstances. Although winning a medical malpractice lawsuit may seem extremely daunting, with the right representation, it can be done if medical negligence and the resulting injuries are proven.

So what do you do if you think you or your loved one has been the victim of medical malpractice? It can be wise to reach out to the medical professional from the start to see if the issue can be remedied in any way. Some providers may even provide services free of charge in order to fix the problem.

If that step does not give you the results you need, you may want to contact the medical licensing board to see if they are willing to do anything about the issue. While they usually can’t force the medical professional to compensate you, they may be able to discipline the provider or give you more information about what can be done.

Medical malpractice lawsuit: what are the first steps? (PART 2)

Published on: November 5, 2015 | By Jeff DeFrancisco

In our last post we discussed the first steps one must take in order to file a medical malpractice suit. After talking to the provider directly and then possibly the medical licensing board, you may decide to file a lawsuit. It’s important to work with your attorney in order to take the right steps.

Each state has a statute of limitations when it comes to civil cases. It’s important that you file the medical malpractice lawsuit within that timeframe. In New York, you have 2 and ½ years to file the lawsuit from the date of the incident or from the end of any continuous treatment provided by the party. This makes it very important to document everything that happens during and after the incident. Your attorney can help you figure out the best method to do so.

After filing the certificate of merit, you and your attorney will need to consider the unique aspects of the case in order to decide whether you want to seek a larger settlement by going to court or if you want to settle out of court. A lot of medical malpractice cases settle out of court, which can save you money and time. While this may be a great option, especially if an insurance company rejects a claim, if you have a very strong case, it may be worth your time to take the case to court. An attorney experienced in medical malpractice law can help you make that decision by taking a look at the facts of your case.

Man declared dead while still showing signs of life

Published on: November 3, 2015 | By Jeff DeFrancisco

When our loved one is in a life-or-death situation, we tend to put our trust in medical professionals without hesitation in hopes that our loved one will be saved. Even with this trust, many individuals will stay vigilant to make sure that no errors are made when it comes to the health of someone they love. But what happens if you notice an error and a medical professional refuses to hear your concern? That’s exactly what happened to a New York woman last year.

The woman’s husband ended up at DeGraff Memorial Hospital after having a heart attack. About 30 minutes after the man arrived, the doctor removed him off life support and declared him dead. What happened next is truly something out of a horrible nightmare. The wife says she noticed signs that her husband was still alive. She told The Buffalo News that her husband “turned his eyes” and looked at her. When she told the doctor that her husband was still alive, the doctor brushed it off as “life expelling out of his body.”

Sometime later the coroner arrived and saw signs of life as well. He told the doctor who again brushed it off as a bodily reaction to drugs. The coroner refused to take the body until the signs of life stopped showing. Finally, almost three hours after declaring him dead, the doctor came back to check on the patient. At that point he realized that the man was alive. According to the man’s wife, he was actually “thrashing around on the gurney. “ Unfortunately, the man died the next morning after being transferred to Buffalo General Medical Center.

Man in critical condition after 11-car accident on I-81

Published on: October 30, 2015 | By Jeff DeFrancisco

One moment you are on the road on your way to work and the next you are involved in a complicated car accident. No one wishes to be part of this scenario, but many people unfortunately experience it at some point in their life. When it does happen, the best case outcome would be a light fender-bender with no injuries. That was not the case in a recent accident in Syracuse.

The accident happened last week on southbound Interstate 81 just before 6 a.m. Police report that 11 cars were involved in the accident. The whole ordeal apparently started with a taxi cab. The accident happened near the Interstate 690 split. The roads were apparently covered with ice.

Oftentimes these kinds of pileups involve a lot of fender-benders at most, but in this case one man was critically injured. The man was apparently pinned under a vehicle when responders arrived. It’s unclear as to why the man was outside his car on the interstate. The man apparently suffered a serious head injury and was taken to Upstate University Hospital.

Surgical errors may lead to complications in bariatric surgery

Published on: October 29, 2015 | By Jeff DeFrancisco

Many surgeries performed across the country are truly lifesaving. One type of surgery that has helped many people in New York is known as bariatric surgery. This type of surgery, commonly known as weight loss surgery, helps a person lose weight and regain their health. Probably the most well-known of these surgeries is the gastric bypass, although there are quite a few others such as the laparoscopic adjustable gastric band, the duodenal switch, and the sleeve gastrectomy. Some of these surgeries are purely restrictive, meaning the surgery physically limits the amount of food a person can eat, while others use malabsorption in order to lessen the amount of nutrients and calories that are absorbed by the body.

Although the benefits of these surgeries are plentiful, especially when you consider the risks associated with staying morbidly obese, the surgeries definitely have their share of risks as well. As is the case with many major surgeries, a patient could experience s such as blood clots, infections, excessive bleeding or leaks. In the worst case scenario, a patient may pass away due to these complications.

Bariatric surgeries also have a handful of long-term complications such as hernias, bowel obstructions, ulcers and stomach perforation. Because of these types of short-term and long-term complications, it’s vital that the surgeon is well-trained and understands the possible risks each patient may face. If a surgeon and his or her staff members fail to properly assess a patient before, during or after surgery, complications may occur. If a surgical error caused a complication for a bariatric patient, it may be wise to examine the possibility of filing a lawsuit in order to cover any expenses incurred.

Help your child live a better life after a birth injury

Published on: October 28, 2015 | By Jeff DeFrancisco

When a woman finds out she is pregnant after trying to conceive, it is oftentimes a very joyous time. This moment is followed by months of ultrasounds, preparation, announcements, and baby showers. Many couples do their research to find the best medical professionals to help them during the process and prepare them for the birth. When the day to give birth comes, they rely on that medical professional in hopes of having a safe laboring process and delivering a healthy baby.

For many mothers, this important day goes smoothly. Unfortunately, for others, that excitement can quickly turn to devastation. Complications during the delivery process can result in birth injuries to both the mother and child. The cost of medical care after a serious birth injury has happened to a newborn can cost more than $1 million in his or her lifetime. This cost can get even more burdensome if additional expenses are added and if parents end up dealing with a loss of income as they turn their attention and time to their child’s recovery.

Dealing with a birth injury can be extremely stressful and challenging, leaving parents feeling helpless. As the bills pile up, it can feel like there is nowhere to turn. Although some parents may be hesitant to file a lawsuit against their medical professional, it’s important to remember that a lawsuit is not a tool of punishment, but a tool to help your child live the best life he or she can. The funds you may receive could help pay for specialized medical services throughout the child’s lifetime.

Legislative focus: crash prevention, recalls and clean air

Published on: October 23, 2015 | By Jeff DeFrancisco

National legislators have long been trying to get car manufacturers to produce vehicles that are more environmentally friendly and that better protect their drivers and passengers, respectively.

At first blush, that might reasonably seem to be a bifurcated focus, with those topic areas not having any readily perceivable overlap.

Congressional members of the U.S. House Energy and Commerce Committee have come up with an interesting twist, though, that has somehow managed to tie those two concerns together, while at the same time seeking to entice car makers to act through employment of a carrot-rather-than-stick approach.

Defective products: a persistent threat to New York consumers

Published on: October 23, 2015 | By Jeff DeFrancisco

It hardly seems unreasonable to argue that a consumer in New York or anywhere else in the United States has the right to use purchased products in a confident manner.

Put another way: They shouldn’t explode, ignite, fail to engage as promised, collapse, start or shut off unexpectedly, or otherwise operate in a manner that injures their user.

There are state and federal laws that address such problems, and their origins are grounded in the sad reality that consumers flatly need to be legally protected against products that are negligently designed or manufactured, or that fail to adequately warn against dangers when used in certain ways.