Syracuse Personal Injury Law Blog

New York birth injury focus: shoulder dystocia

Published on: October 22, 2015 | By Jeff DeFrancisco

Few things could possibly be more frightening for any involved person or family member to contemplate than something going wrong in an operating room.

And when babies are the focal point in any matter involving substandard care, concern ratchets up to an unfathomable degree.

Intuitively, we all know that. It is just a given. As we note on our Syracuse Birth Injury page at the New York personal injury law firm of DeFrancisco & Falgiatano, “few things are as devastating to families as birth injuries.”

Risks contributing to truck accidents: yes, there are many

Published on: October 21, 2015 | By Jeff DeFrancisco

We note on our legal website the often devastating consequences that ensue for New York drivers and occupants in passenger vehicles when they become involved in crashes or collisions featuring large commercial trucks.

In fact, we cite the obvious regarding big rigs on the Syracuse Truck Accident page at the personal injury law firm of DeFrancisco & Falgiatano, noting that, given their unrivaled size and weight, “they can readily mow over, crush or crumple a two-ton car.”

That is flatly scary. Moreover, the prospect of such accident outcomes might readily conjure up in the minds of drivers in passenger cars and trucks other factors that increase the accident odds for 18-wheel rigs and other highway behemoths.

Former prison inmate brings medical malpractice lawsuit

Published on: October 21, 2015 | By Jeff DeFrancisco

Generally we don’t think about medical care in New York’s prison system. It is not a common topic that we see on news reports; and because of this, it is like prisoners are out of sight and out of mind. Despite this, prison inmates can still be victims of medical malpractice just like people in our own communities.

The story of a former Pennsylvania prison inmate exemplifies this notion. The inmate had complained about bowel problems while in custody and underwent an upper GI tract diagnostic test by an outside company. The technicians reportedly misread the diagnostic report and they failed to identify an abnormal gastric mass lesion.

This problem led to the inmate’s conditioning worsening, which then led to him needing to have blood transfusions to alleviate the problem. As such, the inmate has initiated a lawsuit against the company that performed the test, alleging that it willfully sent a technician who lacked the experience in conducting such diagnoses, and that the delayed (and ultimately incorrect) diagnosis led to the inmate’s further health problems. The inmate alleges that he suffered intense pain, emotional distress and increased risk of serious harm due to the misdiagnosis.

Could the new IPhone 6 be hazardous to consumers?

Published on: October 20, 2015 | By Jeff DeFrancisco

The fanfare behind the new IPhone 6 Plus may not have been as great as prior IPhone releases, but customers appear generally happy with the new smartphone iteration. However, with each new phone release, there the expected defects and bugs that can drive customers crazy, and the IPhone 6 Plus is no different.

There have been consumer complaints about the new IPhone overheating. Essentially, the new fingerprint sensor that allows users (and no one else) to access the phone causes the device to overheat and shut down. While the problem is not the same as the Stacks phones in the move “Annie” it brings about the question of what a manufacturer’s liability would be should an overheating phone injure a consumer.

Basically, a manufacturer has a legal duty to ensure that a product it puts out in the marketplace is safe for its intended uses. This means that they must take reasonable steps to remedy defects that could put consumers in danger by informing customers through recalls and replacing problematic products when necessary.

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.