Syracuse Personal Injury Law Blog

Medical malpractice comes in different forms

Published on: September 25, 2015 | By Jeff DeFrancisco

A physician who practices in Baldwinsville who has been accused of sexually assaulting a patient will reportedly not fight the state’s efforts to rescind his medical license. The doctor recently signed a consent agreement with the New York State Board for Professional Medical Conduct that calls for him to turn in his license to practice.

The Board had sought to terminate his license after accusing him of practicing with negligence on several occasions. In August, his license was suspended after he was found to pose an “imminent danger” to patients. The suspension came after he was charged with third degree rape after he allegedly tried to have sex with a female patient.

The Board also found that the doctor had inappropriate contact with several other female patients between 2005 and 2015, including kissing and hugging unwitting patients, putting his tongue in their mouths and groping their clothed thighs and breasts.

Diagnostic problems affect more patients than once thought

Published on: September 24, 2015 | By Jeff DeFrancisco

The old business adage “if you are in business long enough, you are likely to be sued” may have some truth to it. Depending on the industry and complexity of the business, mistakes can and will be made. At the same time, the health industry has some of the same risks; especially when it comes to diagnosing ailments and conditions. According to a recent report, because of the sheer number diagnoses and the complexity of delivering care within the current system, it is only a matter of time before a critical mistake is made.

The Institute of Medicine’s report outlines a system wide problem, which includes surgical centers, outpatient facilities as well as doctors’ offices. This means that medical negligence is not confined to hospital errors and surgical mistakes; which is what is often reported in the media.

Additionally, the exact number of mistakes with regard to diagnoses is unknown, but it is estimated that diagnostic mistakes affect more than 12 million adults each year. This likely contributes to the number of deaths experienced in hospitals each year as well. What’s worse, the data on diagnostic mistakes is quite sparse, which makes potential improvements to health care delivery problematic.

VW deception could result in recalls

Published on: September 23, 2015 | By Jeff DeFrancisco

With ABC’s hit drama “Scandal” returning this week, it would be appropriate to discuss the latest automaker’s scandal. And if you know anything about scandals, it is not the deception or act; it is the cover-up that gets people in trouble. Because of this, it is probably best to admit when you have done something wrong before it morphs into a full fledged scandal.

For executives at Volkswagen Motors, making a public mea culpa (which is embarrassing enough) may be the least of their worries. According to several media reports, the company had for years used technologies to fool emissions standards testing systems using an algorithm that could detect when a car was being tested. Essentially, when the cars would be tested, they would change their performance to meet emissions standards. However, when on the road, the cars would emit nearly 40 times the limit of nitrogen oxides.

The long standing deception will eventually cost the company millions in fines. However, the costs to customers for recalling defective cars could be substantial. It is estimated that more than 480,000 Volkswagens will have to be brought in to be serviced, if they can be at all. It also remains to be seen whether complaints about asthma and other respiratory problems due to increased levels of omissions will lead to products liability complaints.

Why patients should consider medical malpractice lawsuits

Published on: September 22, 2015 | By Jeff DeFrancisco

The decision to bring a medical malpractice lawsuit is not always an easy one. For those who have been continually in and out of hospitals for various illnesses, the prospect of confronting doctors is something that they may not want to deal with. Others may feel as if no one will believe them, because doctors have such a seemingly impenetrable reputation in the field. Because of this, there are some people who have been mistreated by physicians who believe that a medical malpractice suit will not make any difference.

The irony is that medical malpractice lawsuits are brought so that people who are mistreated and sickened can have a voice. These actions are important in holding doctors who fail to use reasonable care accountable for their actions. We believe that when unscrupulous doctors answer for failing to use due care, the medical system gets better. There is no better deterrent to malpractice than a lawsuit.

With this in mind, people who are living with botched procedures, have been cast aside after having terminal diseases misdiagnosed or have suffered through prescription mistakes should know and realize that they have legal rights; and the prominence of a particular physician should not matter when it comes to asserting those rights.

Toyota scores two awards for safety excellence

Published on: September 17, 2015 | By Jeff DeFrancisco

Last year, it seemed uncertain if Toyota Motor Corporation would survive all of the controversy stemming from the Takata airbag recall after the highly publicized sudden acceleration problems that plagued Camrys and Lexus ES models years before. Fast forward to September 2015, and Toyota has scored two major victories.

The Insurance Institute for Highway Safety has named two Toyota vehicles, the Lexus ES and the Scion iA, were recently named IIHS Top Safety Pick Plus. This honor is bestowed to vehicles that receive at least a “good” rating on all the crash tests the IIHS performs. These include side impact tests, rear end crash simulations, overlap crash tests, and several others.

The IIHS crash tests are notoriously more stringent than other federal crash tests; which is why manufacturers look to these crash tests to make improvements when they do not achieve satisfactory marks.

New motorcycle riders could be at risk

Published on: September 16, 2015 | By Jeff DeFrancisco

Despite the warm weather in central New York, the end of the summer is drawing near. As a matter of fact, the official first day of fall is next week. With that, the weather is expected to get cooler and people will start putting their motorcycles away for the winter. Experienced riders may know when to say when, but younger riders may test their limits.

This could lead to disastrous results.

It is known that the first 30 days a new rider has a motorcycle can be the most dangerous. This is especially true if the rider has just purchased a new one. New riders may not have the experience to navigate tight turns or be able to make split decisions when in tight spots in traffic. Also, an insurance institute report indicated that a considerable number of motorcycle collision claims occurred within the first 30 days that the policy was purchased.

Helpful tips to remember after a car accident

Published on: September 16, 2015 | By Jeff DeFrancisco

The Labor Day weekend holiday has come and gone. Unfortunately, it was marred by tragedy in the lower Hudson Valley. The accidents and the lives lost are sobering reminders that drivers must use reasonable care when on the road in central New York. This is especially true with more young people on the road as school returns for another year.

While no one actually plans to be in an accident, being prepared in the event of one is critical. Indeed, it is normal to panic, or to be upset; but the following tips can help in preserving your claim and help you in the event you need a lawsuit.

Call the authorities – Besides assessing whether either driver should be cited for a moving violation, law enforcement agencies can produce reports that detail who is responsible for the crash. For what it is worth, you should not leave the scene of an accident until the authorities arrive as well.

Brake Safety Week focuses on trucks and buses

Published on: September 15, 2015 | By Jeff DeFrancisco

We have noted in a number of our posts that semi trucks are the most dangerous vehicles on the road. Their size may be helpful in transporting large quantities of goods from region to region across New York and the northeast, but they also post a danger to common motorists. For instance, the average size of a semi truck is 20,000 tons (i.e. 40,000 pounds), where a car may weigh in at 3,000 pounds.

That does not bode well for those in passenger vehicles. Because of this danger, the Federal Motor Carrier Safety Administration (FMCSA) sponsored national Brake Safety Week. The purpose is to make sure that trucks and buses across the nation are in compliance with national safety rules. According to the Commercial Vehicle Safety Alliance, braking violations make up the largest portion of out-of-service violations found during roadside inspections.

Properly functioning braking systems should be of the utmost importance for truck drivers, trucking companies, law enforcement agencies and the public alike. After all, if a large vehicle has trouble slowing down and stopping, it is an accident waiting to happen. As such, state and federal officials conducted safety checks to identify loose or missing parts, worn brake pads, rotors and drums, as well as potential problems with hydraulic fluid.

Drivers may be unaware of the latest safety features

Published on: September 12, 2015 | By Jeff DeFrancisco

With automakers bringing their newest offerings to dealerships this month, performance is likely going to be one of the things automakers will use to entice car buyers. Some will also tout the latest safety features; while others will flaunt new designs. While performance and design will cater to buyers who want the newest toy, a recent study suggests that few drivers understand the latest safety offerings.

According to the University of Iowa Public Policy Center’s Transportation and Safety program, there are large information gaps when it comes to communicating potentially life saving safety features. For example, drivers may know about the term cruise control, which keeps a car at a certain speed, but a majority of drivers do not know about adaptive cruise control, which does the same thing but also can slow the car down when approaching traffic or encountering difficult driving conditions.

The same could be said about backup cameras. Once something that could be found only on luxury car models, the federal government has now required all new cars built in 2018 to require such cameras as standard equipment.

Could sovereign immunity hamper your negligence case?

Published on: September 11, 2015 | By Jeff DeFrancisco

The concept of sovereign immunity is likely something that most people who are not lawyers will ever have to know about or deal with. However, if you are even in an accident with a vehicle controlled by a municipality (i.e. a garbage truck, public works vehicle, or fire truck) or want to hold a state agency accountable for poor road design or maintenance, this term may be used against you in order to limit or prohibit your claim.

This post will briefly explain what sovereign immunity is and how it may hamper your case.

At its core, the concept of sovereign immunity is where a government and its political subdivisions cannot be sued unless it consents to the lawsuit. The concept is generally used to protect government employees in their daily decisions from lawsuits. For instance, a negligence claim against a sanitation department for a truck stopping suddenly to pick up trash may not be actionable depending on the circumstances. After all, these employees must be able to do their jobs without the constant fear of a lawsuit.