Syracuse Personal Injury Law Blog

What a doctor may argue in defending a medical malpractice case

Published on: June 18, 2015 | By Jeff DeFrancisco

Medical malpractice accusations can be staunchly defended. After all, physicians, who have been trained since college to be right all of the time, do not take kindly to having their expertise questioned. Nevertheless, this is what occurs in a medical malpractice lawsuit.

With the amount of money that can be awarded in medical malpractice suits, and the threat to a physician’s reputation, you can expect that there will be some strong defenses. This post will highlight a few common ones.

Statute of limitations – If a plaintiff does not bring a lawsuit in the amount of time allowed under law, a doctor could argue that an action is “time barred.”

Why doctors should document concussion symptoms

Published on: June 17, 2015 | By Jeff DeFrancisco

Indeed, there are more than 90 days before the first National Football League games will be played in September, but it is not too early to discuss the dangers of concussions in sports. After all, the concussion protocol was discussed during the NBA playoffs after Klay Thompson of the Golden State Warriors was inadvertently kneed in the head during the conference finals. Also, it was rumored that LeBron James may have suffered one after he hit his head on a camera.

Yes, many parents in our region will not have kids playing professional sports. But they will be playing on playgrounds and in youth sports leagues and they will invariably have head injuries that that will send them to the hospital. In fact, According to the Centers for Disease Control and Prevention, more than two million Americans will be hospitalized after suffering traumatic brain injuries (i.e. concussions).

For injuries that result in lawsuits, it is important to properly diagnose a concussion and maintain detailed information about continuing concussion symptoms. After all, not all concussions are the same and not every head injury manifests itself in the same manner.

Why drivers should not use their cell phones behind the wheel

Published on: June 15, 2015 | By Jeff DeFrancisco

Although we are weeks away from the big Fourth of July holiday weekend, the summer driving season has already begun in earnest. Between now and the next holiday weekend, tens of thousands of drivers will travel across the state to various vacation spots. One of the perks of getting away these days is knowing that you can still stay connected. This is why cell phone and tablet use has grown over the past few years.

Nevertheless, there are a number of drivers who insist on staying connected even when they are behind the wheel. According to a State Farm Insurance study, less than 20 percent of drivers surveyed in 2009 indicated that they used the Internet functions on their phones while behind the wheel. Indeed, the technology was different then (no 4G network connections or portable hotspots back then), and phones may not have been so sophisticated.

However, that was then, and this is now. Yes, this is a cliché, but with faster download speeds and higher bandwith with phones, more people are apt to use their phones while driving. As we have noted in a number of our posts, distracted driving can not only be seen as a crime, it can form the basis of liability in the event of an accident.

Three things patients can do to uphold their rights

Published on: June 10, 2015 | By Jeff DeFrancisco

When we go to the hospital or seek treatment for an injury, we inherently trust our doctors to act in our best interests. After all, why wouldn’t we? We know that physicians go through an inordinate amount of training and they know about how ailments and diseases are caused and treated. However, there are some instances where their training and experience may not give them the right answers. Also, as a patient, you know your body better than anyone, and sometimes a treatment may not be as beneficial as it needs to be.

In these instances, it is imperative that you take steps to protect your health; especially considering that doctors commonly feel that you are not the least bit qualified to express directives about your health. So to avoid potential medical malpractice, we offer the following tips:

Know your medical history – Regardless of how many (or how few) times you have been to the hospital, it is important that you have a solid idea of what your medical history is; including when you have had surgery, medications you have taken (and are on right now), and how you have dealt with ailments in the past.

How susceptible are you to road rage?

Published on: June 9, 2015 | By Jeff DeFrancisco

With the summer driving season in full swing, one of the expectations that drivers must have is that gas prices will be going up. However, they are substantially lower than prices were last year around this time of year. Because of this, it is expected that more people will be on the road; especially when the next holiday weekend (the Fourth of July) comes around.

Indeed, dealing with heavy traffic can fray a person’s nerves. This frustration may lead to aggressive driving and even road rage. Yes, we all get frustrated with other drivers at times, but how do you know when you are the problem? More importantly, how do you know if you are more apt to road rage compared to other drivers?

This post will identify some common factors.

What the NHTSA is looking for in its Jeep investigation

Published on: June 8, 2015 | By Jeff DeFrancisco

In a prior post this year, we noted that some safety advocates predicted that there would be more recalls in 2015 than in 2014, despite last year having the most recalls on record. With the continuing expansion of airbag recalls involving those manufactured by Takata, it appears that the prediction may eventually come true.

Another issue helping in that prediction is an investigation launched by the National Highway Traffic Safety Administration in to Jeep, the Fiat-Chrysler automaker known for its off-road vehicles.

Essentially, the NHTSA has received several complaints about the adaptive cruise control module in the Jeep Grand Cherokee. This module helps moderate cruise control and will slow the car down automatically if it discovers hazards on the road. This is done through tiny cameras that scan the area in front of the vehicle to discover any hazards (and other stopped or slowed vehicles) so that a driver can avoid a crash.

Why you should be aware of burn injuries

Published on: June 4, 2015 | By Jeff DeFrancisco

One of the great things about the summer is being able get outside and enjoy the great outdoors. There are countless lakes and river recreation areas for people to do just that. Especially with the harsh winters in our region, it behooves people to enjoy the summer time. However, the hot summer weather could leave people vulnerable to burns.

Indeed, there are a number of safety steps that should be taken to avoid burns from grills and fires (for cooking) however, the possibility for sunburns should not be overlooked. With that, this post will focus on what people should do if they are sunburned.

Take sun exposure seriously – Believe it or not, a person can become sunburned in as little as 15 minutes. So it is important to take exposure to the sun very seriously. This means that sunscreen is a must; especially given how sunburns can occur even on a cloudy day.

Rehabilitation costs in personal injury cases

Published on: June 3, 2015 | By Jeff DeFrancisco

If you see commercials for personal injury attorneys, it is common for them to advertise how much they have been able to recover for their clients. We think this is fair (obviously) because the recoveries are a vehicle for accident victims to understand that they do have rights and that they can move on from horrific accidents.

So when you hear about multi-million dollar personal injury awards, it is important to understand that these are not necessarily windfalls similar to hitting the lottery. There are a number of costs associated with getting the victim back to where they were physically and mentally. This means that there are additional costs for rehabilitation and physical therapy.

A prime example is how Tracy Morgan is still in the midst of his recovery, even a year after the horrific accident that changed his life. During a recent interview with Matt Lauer of the Today show, the comedian explained how he had his good days and bad days; especially when he was hospitalized. (Long story short, he was not so nice to medical staff).

The future of medical research with pregnant women

Published on: June 1, 2015 | By Jeff DeFrancisco

Medical research is essentially the lifeblood of innovation. Without it, medical professionals likely do not learn more about what ails their patients or how to avoid certain conditions before they become problems. Indeed, medical research is important in combating various forms of cancer and learning how different drugs and treatments affect it. The same could be said about other non-fatal conditions such as depression and diabetes.

While such research is prominent among men, it is interesting to note how women have historically been excluded from such research, particularly pregnant women. According to a HuffingtonPost.com report, pregnant women have been overlooked out of a generalized fear that particular medications would negatively affect the unborn child residing in its mother’s womb.

Additionally, the traditional notion of having pregnant women discontinue medications out of an abundance of caution for the fetus has also affected the number of pregnant women in clinical trials. This begs the question of whether pregnant women should continue to be excluded from medical research. After all, previous prohibitions were made because of the lack of information about certain drugs and their affects.

Woman survives burger with grill brush remnants

Published on: May 29, 2015 | By Jeff DeFrancisco

If there is one thing that people look forward to during the summer months, it is the good old fashioned backyard barbeque. Whether you are into steaks, burgers, bratwurst or chicken, the taste of freshly grilled meat (and veggies) can’t be beat.

For all that is good about grilled food, it could come with hazards. After all, certain foods must be cooked fully to avoid the potential for contracting food borne diseases such as salmonella. Also, for those who use gas grills, paying attention to how much is already present before lighting the grill is important. You certainly don’t want to subject yourself to severe burns emanating from a flash fire.

But the story of a Connecticut woman reminds us of dangers that can come about even if you are prudent about cleaning your grill. The woman had to undergo emergency surgery to remove a steel bristle that had come off of a cleaning brush and made its way into a hamburger that she ate.