Syracuse Personal Injury Law Blog

Failure to diagnose man’s cancer resulted in “fatal consequences”

Published on: November 13, 2015 | By Jeff DeFrancisco

While we often talk about the different types of mistakes medical professionals make when caring for a patient, there is also a big concern when a medical professional fails to do something. In the case of one prison inmate in New York, this was a failure to diagnose that eventually led to his death.

Recently, a judge awarded the deceased man’s family with $1.75 million for the “extended physical and mental pain and suffering” endured by the man and his family. The judge found that the state, which was in charge of the man’s medical care while he was in prison, fatal consequences.”

In 2009 the man repeatedly complained about severe pain in his abdomen. He was initially diagnosed with kidney stones, and a physician recommended that he be seen by an urologist. While the doctors at the correctional facility were aware of the recommendation, they never referred him to the urologist. It was only in late 2011 when the man’s urothelial cancer was found and treated. Although he was cancer-free for a short time, the cancer returned in his lymph nodes in 2013 and he passed away in 2015 at the age of 58.

Truck accident cases can be extremely complex

Published on: November 12, 2015 | By Jeff DeFrancisco

There are many car accidents occurring across our country on a daily basis. Some may be just one-vehicle accidents with minor damage while others may involve several cars and a complicated pileup. We know that a lot of accidents occur on Interstate 90 and Interstate 81 near Syracuse, but we also have to take into consideration that some of these accidents involve semis. Large commercial trucks and semis use these interstates to move products within New York and to other states.

Although some of the over-the-road drivers are very experienced at what they do, they still end up working extremely long hours. Those long hours and overnight drives can cause them to be fatigued, which could result in an unfortunate accident with another vehicle on the freeway.

So what happens when you are involved in a truck accident? Oftentimes the injuries that come from such an accident are tragic, either resulting in long-term disability or death. Weighing up to 40 tons, these trucks can cause a lot of damage to any vehicle that may be hit.

Can trespassers file a premises liability lawsuit?

Published on: November 11, 2015 | By Jeff DeFrancisco

In our last post we discussed the basics of premises liability in New York and what steps one should take when they are injured on someone else’s property. Although a premises liability lawsuit may seem like a difficult undertaking, it may be worth your while if you have suffered substantial injuries. Not only may you be dealing with piling medical bills but you also may be missing work as you recover from your injuries.

While some cases are pretty basic, with an injury happening on a property where you were invited to be, others become a little more complicated. For example, what if you were on the property illegally or the property owner was not aware that you were there in the first place?

In most cases, if you were trespassing on someone’s property, that individual doesn’t owe you a duty of care and will not be liable for any injuries that occurred on that property. This is even true if the owner knew about the dangerous conditions. But there are a few exceptions.

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.