Syracuse Personal Injury Law Blog

Blood test could differentiate viral and bacterial infections

Published on: March 26, 2015 | By Jeff DeFrancisco

One of the clinical paradoxes facing doctors is determining when to use antibiotics to treat bacterial infections. The difficulty arises because some viral infections are indistinguishable from bacterial ones. When a doctor chooses to prescribe an antibiotic out of sheer caution, it could result in the creation of antibiotic resistant superbugs. The failure to use them could put patients at risk of infections, which could result in hospitalizations and increased healthcare costs.

Despite these difficulties, there are innovations coming that could help doctors in making informed decisions about how to treat patients. According to a medicalnewstoday.com report, a company has announced the results of clinical testing of a diagnostic blood test that would enable doctors to tell the difference between a bacterial and a viral infection.

The test deviates from common pathogen detection by relying on the body’s immune response to determine the cause of the infection. Essentially, there are three distinctive proteins are activated by viruses and bacteria. The test incorporates an algorithm that when integrated, can create a unique signature that helps doctors understand what the accurate cause would be.

Self-driving car to make cross country trip

Published on: March 24, 2015 | By Jeff DeFrancisco

Last month we wrote a post about the Detroit International Auto show and how automakers were showcasing concept cars that ostensibly give us a peek into the future. Part of this future includes self-driving cars, which automakers have hinted could be on the road by the end of this decade.

If you are a car enthusiast, or have purchased a luxury model in the past few years, you understand that there are elements of autonomous automobiles already in practice. They include park assist functions, intelligent cruise control modules and automatic braking systems, to name a few. Even with these advancements, testing is still being conducted in earnest regarding self-driving cars.

In fact, an Audi SUV is poised to make history by being the first self-driving car to make a cross country trip. The car, which is equipped with technology developed by Delphi Corp. has reportedly been tested on the streets of California and Nevada, but a long distance road trip will be the car’s ultimate test. Essentially, the car will drive on its own, but an engineer will be behind the wheel and ready to take over in the event of an emergency.

Children of Wal-Mart crash victim to receive $10 million

Published on: March 21, 2015 | By Jeff DeFrancisco

Since the horrific crash last summer involving comedian Tracy Morgan and his entourage and a truck driven by Wal-Mart, we have written a number of posts on trucking accidents and what you can do to help your attorney in resolving a case. After all, helping people get compensated for their injuries and losses after a truck accident is why we are in business. So we are proud when we see people receive their due in the face of negligent actions.

Such is the case with the children of the late James “Jimmy Mack” McNair. He was killed in the accident. According to a recent ABC News.com report, Wal-Mart has reached a settlement with McNair’s heirs where the retailer will pay $10 million to his two children. Normally, these settlements are confidential, but the figure was disclosed as part of papers filed in Surrogate’s Court in Westchester County, which was where McNair lived before the crash.

McNair’s two children are ages 26 and 19, respectively and are reportedly putting part of the settlement towards annuities that will pay increasing monthly amounts over time for the rest of their lives, beginning at $3000 per month.

Three things to do before meeting with an attorney

Published on: March 20, 2015 | By Jeff DeFrancisco

After being in an accident involving a semi-truck, it is likely that you just want to thank your lucky stars that you are able to walk away from the accident without losing your life. After all, semi-trucks are the largest and most dangerous vehicles on the road, and they can weigh as much as 40,000 tons. So being in a crash with one of these vehicles does not bode well for someone in a passenger car.

Nevertheless, these crashes happen. And if you are going to meet with a personal injury attorney to handle your case, there are several things you want to have to prepare for an initial meeting. This post will highlight a few of them.

Personal details about you – Of course, you lawyer will want to know some basic things about you, including who you work for, whether you have missed time from work, whether you have auto or health insurance and whether you had previously been in an accident.

Important elements in brain injury recovery

Published on: March 19, 2015 | By Jeff DeFrancisco

As we have noted in prior posts, different brain injuries require different types of treatments. Depending on the severity of the injury, the treatment could be as basic as monitoring the patient to make sure nothing out of the ordinary occurs during the healing process, or it could be as detailed as scheduling surgery and then organizing a plan of recovery.

Either way, patients want to know what their prognosis is, what they need to do in order to follow it. Nevertheless, the recovery plan for a traumatic brain injury may differ depending on the person and the nature of the injury. Physicians commonly use several indicators to determine how the recovery process will go. This post will highlight some of them.

Duration of a coma (if any) – Generally speaking, the shorter the coma (especially if it is medically induced) the better the chances are of recovery.

How motorcycle riders can be safe after the snow melts

Published on: March 16, 2015 | By Jeff DeFrancisco

The snow is melting. It may not seem like it is, but take our word for it. The longer days and the higher angle of the sun means that spring will be here before you know it. For those who are really counting the days, spring will officially be here in about a week’s time.

Spring means that motorcycles will be seen on the road again. It is almost like a yearly tradition. It’s like they emerge from a winter slumber, roaring down roads and exemplifying the freedoms that we enjoy in our region of the country. However, with these freedoms come some risks. After all, motorcycle riders do not have the benefit of riding in a steel cage that will protect them in a crash. Because of this, motorcycle riders must be especially careful.

In the coming weeks, we will have more posts on motorcycle accidents. But for now, we will focus on things that motorcycle riders can do to be safe.

Can hospitals be held liable for medical malpractice?

Published on: March 15, 2015 | By Jeff DeFrancisco

When you think about the concept of medical malpractice, you may think about a doctor failing to perform to the standards established in his or her area of practice. You may also think about surgeons failing to remove surgical devices after a procedure or doctors misdiagnosing a patient who ends up having a terminal disease. Despite these maladies attributable to individuals, a hospital could be held liable for malpractice as well.

This post will give a general explanation as to why.

To put hospital malpractice into proper context, consider this: when an automaker produces a vehicle that has particular defects that go unaddressed, the automaker could be held liable because it has a responsibility to ensure that its product is free from defects that could harm an unsuspecting consumer. Likewise, a hospital has a duty to ensure that the services it provides is not hindered by problems or inefficiencies that could result in a patient being harmed.

Can you sue after being injured by a pothole?

Published on: March 13, 2015 | By Jeff DeFrancisco

The warmer and longer days are a telltale sign of spring. For many people in our region, it is a welcome sight after such a challenging winter. Unfortunately, one of the rites of spring in central New York is dealing with the potholes that have developed during the winter.

Potholes commonly form when ice and snow melt and seep through the cracks in the asphalt that are caused by wear and tear. The moisture may re-freeze as temperatures get colder, and when the weather warms up, the road tends to give way when the ice underneath melts. Indeed, potholes can be a nuisance and provide an unexpected jolt. Also, they can lead to injuries.

But when potholes become dangerous, who can be held accountable? This post will explore this question.

The notice requirement in premises liability cases

Published on: March 12, 2015 | By Jeff DeFrancisco

If you have slipped and fallen in a grocery store, or were injured by loose floor tiles in a mall or were assaulted while on hotel property, it is okay to feel as if you want your rights respected and to be compensated for your injuries. After all, owners of retail outlets and other commercial property have a duty to use reasonable care in keeping patrons safe. When they fail to do so, they should be held accountable.

Pursuing a successful negligence case requires proof of several additional elements beside a legal duty to licensees or invitees (i.e. customers). There must be proof that the premises owner failed to use reasonable care in keeping patrons safe.

This can be proven by showing that the owner did not clear the hazard that led to the accident after it was given reasonable notice of it. An example could be found through security footage showing how the hazard was created and testimony from people showing that they complained to the proper people in charge, which shows that notice was given.

Why pedestrians must be careful during spring break

Published on: March 11, 2015 | By Jeff DeFrancisco

Who’s ready for spring break? After a few months of relentless snow and subfreezing temperatures, we hope that all of our readers have the opportunity to go south (if only for a few days) and enjoy some warm weather in Orlando, Miami, Phoenix or Las Vegas. Indeed, central New York is nice, but a getaway is even nicer.

When on spring break, it is important for pedestrians to be wary of cars and trucks that pass through streets that have heavy traffic. One of the great things about the atmosphere of spring break is the foot traffic and people watching from street front bars and cafés.

However, in these situations the likelihood for pedestrian accidents can increase. Essentially, when drivers and pedestrians have a lot to drink (which commonly happens in spring break haunts) their judgment can become impaired and they may take chances that they may not normally take when sober.