Syracuse Personal Injury Law Blog

Spinach recall could affect thousands in New York

Published on: October 19, 2015 | By Jeff DeFrancisco

While a number of our posts have focused on automotive recalls, there are many other product recalls that can affect our readers in different ways. For instance, everyone at some time goes to the grocery store to buy food. In the last few weeks, a number of important food recalls have been initiated.

For instance, Dole Fresh Vegetables has called for a recall of bagged spinach due to fears about possible salmonella contamination. This bacteria could be potentially harmful if ingested. Officials from Dole indicate that the recall is a precautionary one, and that no consumers have been sickened as of yet. A random sample of spinach was tested by the State of Michigan’s Agriculture Department.

According to a USA Today.com report, the recall affects more than 33,000 bags of spinach, which were distributed to New York, New Jersey, Pennsylvania and a number of other states. Health officials advise consumers that if they purchased Dole spinach that have certain product codes to discard the bags immediately.

Should I seek recovery from medical error in malpractice litigation?

Published on: October 16, 2015 | By Jeff DeFrancisco

A recent article in Becker’s ASC Review took a look at a number of interesting facts surrounding medical malpractice litigation, including statistics on the incidence of medical malpractice claims, average payouts, which specialists are most at risk for litigation, and inconsistencies in settlement agreements.

One point in the article particularly caught our eye, and that was a reference to a 2003 article published in BUMC Proceedings looking at the most common reasons patients file medical malpractice lawsuits. According to that article, the top four motives for filing medical malpractice suits are: to prevent a something similar from happening again; to obtain an explanation of how the injury occurred; to gain financial compensation; and to hold a negligent physician accountable.

Although the reasons for pursuing medical litigation largely break down to these four basic motives, there are a variety of specific reasons why an injured patient might do so. Having a good reason to pursue such litigation is not enough, though. One must also have a strong case and that is likely to result in a payout that outweighs the costs of pursuing litigation.

How foggy mornings can be dangerous for drivers

Published on: October 15, 2015 | By Jeff DeFrancisco

If you haven’t noticed all the pumpkins sprouting up, the Halloween costume displays in retail stores and the football games on during the weekend, fall is here. This means that the days are definitely getting shorter.

In a prior post, we highlighted the danger that drivers have of seeing pedestrians, particularly children, in the mornings where darkness could conceal them. However, there are weather conditions that could create dangerous situations for drivers and pedestrians alike. This post will discuss how fog can lead to accidents.

On a basic level, fog is created when cool air merges with the soil that is still relatively warm, which creates a haze that obscures the view of the road ahead. Depending on how thick the fog may be, drivers may only be able to see a few hundred feet ahead or just a few feet ahead.

What to expect when consulting an attorney

Published on: October 14, 2015 | By Jeff DeFrancisco

Surviving an accident is only one step in your recovery. There may be medical procedures you have to go through, rehabilitation that takes place and even repairs that may need to be done. Before all of this takes place, it may be necessary to consult an experienced personal injury attorney for advice and direction on how their claim can be addressed.

Before evaluating attorneys to handle your case, there a number of things to do in preparing for an initial meeting. This post will highlight a few.

Basic personal details – To begin with, an attorney will want to know some basic details about you, including your employment status, what injuries you have suffered, whether you have missed time from work and whether your insurer has become involved.

What problems can arise in a doctor-patient relationship?

Published on: October 8, 2015 | By Jeff DeFrancisco

All patients hope they will have a good relationship with their physician. Unfortunately, problems can sometimes come up in a doctor-patient relationship.

Recently, a Consumer Reports article pointed out some of the more common doctor-patient relationship problems that can arise. Here are the problems the article highlighted:

A doctor ignoring patient input in their decision making.
Disorganization at a doctor’s office.
A doctor withholding relevant information.
A doctor giving off the impression of not respecting a patient.
Poor communication between a doctor and patient.
A doctor discouraging second opinions.

Problems with a doctor-patient relationship can be very damaging. They can seriously erode the relationship between a patient and their doctor, which can have major negative implications. It could lead to a patient not fully trusting a doctor and their recommendations. It could also result in a doctor not being as engaged in a patient’s care as they should be. A doctor not being properly engaged in a patient’s care could increase the chances of mistakes occurring in connection to the care. Thus, doctor-patient relationship problems could have serious patient safety ramifications.

What to do to avoid accidents with deer

Published on: October 7, 2015 | By Jeff DeFrancisco

How costly and dangerous can an accident with a deer be? Consider this: according to an American Family Insurance report, the insurance provider paid more than 32,000 claims for deer collision accidents in 2010, which resulted in more than $85 million in payments. As fall begins, deer migration is an important hazard for drivers to look out for especially at sunrise and sunset; which are common times for deer to cross roads. This is especially true in November, as the risk of deer accidents occurring are three times as higher compared to other months.

So what should a driver do avoid or reduce the severity of a deer accident? This post will highlight a few tips.

Pay attention to deer crossing signs – Drivers should know that these signs warn drivers that deer may be cutting in front of them. While deer may not cross at the exact point where the sign lays, deer could cross down the road.

What to expect when consulting a personal injury attorney

Published on: October 7, 2015 | By Jeff DeFrancisco

Surviving an accident is only one step in your recovery. There may be medical procedures you have to go through, rehabilitation that takes place and even repairs that may need to be done. Before all of this takes place, it may be necessary to consult an experienced personal injury attorney for advice and direction on how their claim can be addressed.

Before evaluating attorneys to handle your case, there a number of things to expect in an initial meeting. This post will highlight a few.

Basic personal details – To begin with, an attorney will want to know some basic details about you, including your employment status, what injuries you have suffered, whether you have missed time from work and whether your insurer has become involved.

Debunking myths about trucking safety

Published on: October 6, 2015 | By Jeff DeFrancisco

In a number of our posts, we have highlighted the dangers that semi-truck pose to the driving public. Indeed, truck drivers are specially trained to handle the largest vehicles on the road, but there are a number of myths that are prevalent that could lead to truck accidents. Through this post, we will highlight these myths and the truths that dispel them.

Myth: Truck drivers don’t need seatbelts – The truth is that truck drivers, like drivers and passengers in cars, need to wear their seatbelts. Even though a truck driver is not likely to be crushed when involved in an accident, he or she still runs the risk of being thrown from the vehicle. Because of this, truckers must wear their seatbelts.

Myth: Truck drivers are capable of driving fast in bad weather – The truth is that excessive speed increases the risk of an accident in ideal weather conditions, and that risk increases when road conditions deteriorate. So when roads are wet or packed with snow or ice, truckers must reduce their speed just like everyone else.

Was a defective humidifier to blame in a house fire?

Published on: October 5, 2015 | By Jeff DeFrancisco

A dehumidifier was reportedly responsible for causing a house fire in the town of Marcellus on Thursday evening. According to a Syracuse.com report, firefighters from several departments responded just before midnight to put out the fire. Because of such a quick response, the small fire that was found in the basement was quickly put out before it could spread to the rest of the house.

Fortunately, the fire was isolated and eliminated quickly so that no other rooms in the structure were affected. Authorities believe that the dehumidifier was the sole cause of the fire. It is unknown as of this writing whether authorities believe that the device was defective or whether it was operating unattended.

If it was the former, the maker of the dehumidifier could be held liable for the damage to the home. Essentially, manufacturers have a duty to use reasonable care when building a product and making it available for sale. The product should perform according to its expected use without putting its owner in danger. Moreover, if a product is deemed to be defective, the manufacturer should take affirmative steps to warn consumers by issuing a recall.

Why checking blind spots is important

Published on: October 5, 2015 | By Jeff DeFrancisco

When young drivers first learn about operating a car, they may not understand the importance of checking their blind spot. After all, it may be a foreign concept because they may not be used to looking over all of the areas before making a lane change. However, even some of the most experienced drivers may forget to look over their shoulder every once in a while.

But if a blind spot is missed, it could spell disaster.

So when driving a different car for the first time (such as a rental car) or when shopping for a new car, it is essential to complete the following steps to get your bearings.