Syracuse Personal Injury Law Blog

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.

Could the spring thaw lead to hydroplaning on roads?

Published on: March 10, 2015 | By Jeff DeFrancisco

According to weather experts, this winter has seen more snow than any time in the last decade. It has certainly made for an “interesting” winter and challenging driving conditions. With the calendar turning to March and warmer temperatures, there are some concerns that a rapid melt could lead to flooding.

Where there are flooding concerns there are also hydroplaning fears (or at least there should be). Hydroplaning refers to the act of a car losing contact with the road and basically floating on the moisture on the road (like a hydroplane). In these instances, a driver could be potentially lose control of their vehicle and crash.

With spring coming and warmer weather expected, the possibility of pools of melting snow collecting on roadways cannot be ignored. Even though it remains to be seen how quickly the snow melt will be, drivers must use reasonable care in avoiding situations where hydroplaning can occur. After all, you don’t need a deep puddle in order for a car’s tires to lose contact with the road.

Family of child determined brain dead sue doctor, hospital

Published on: March 9, 2015 | By Jeff DeFrancisco

Losing a child is tough enough. To find out that it could have been entirely preventable is enough to make a parent see red. In these instances, it is natural for a parent to want to hold everyone involved accountable; from the physician who treated the child, to the nurses who were supposed to be checking vital signs, to the hospital that incorporated policies that eventually led to the child’s demise.

This is the scenario facing a California family who lost their teenage daughter after she was declared brain dead while on life support. The girl was undergoing treatment for sleep apnea when complications occurred that caused her heart to stop beating.

The lack of oxygen to her brain ostensibly caused further damage, but it touched off a huge legal battle that led to a California judge determining that the child could be moved from a Bay Area hospital to a long-term care facility in New Jersey. In a surprising twist of fate, the girl’s mother reported to ABC News that she could respond to basic commands by moving her hands and feet.

Does an injured person need to mitigate their damages?

Published on: March 4, 2015 | By Jeff DeFrancisco

A number of our posts have focused on who can be held liable in an accident, and what the injured person may be able to recover in terms of monetary damages. But in the midst of pursuing compensation for an injury, many plaintiffs may not realize that there may be a continuing duty for the plaintiff to mitigate their damages.

Essentially, this means that a person who has been injured due to someone else’s negligence has an obligation to take reasonable steps minimize the effects of the injury. This may include getting medical treatment and following a doctor’s advice regarding rehabilitation regimens. It may also include restricting one’s employment duties (i.e. not lifting a certain amount of weight while recovering or limiting the number of hours standing up). It may also include having a particular surgery to reduce the damage of an ailment.

What qualifies as reasonable steps is determined by what a reasonable prudent person would do to avoid the ongoing damages of an injury, or to expedite the recovery process. If an injured person fails to mitigate damages, he or she could be denied the entire amount of compensation they could be entitled to.

Could multiple defendants be sued for superbug outbreak

Published on: March 3, 2015 | By Jeff DeFrancisco

Last week we highlighted the “superbug” outbreak at UCLA’s Ronald Reagan Medical Center, where two people died and several others were infected with an antibiotic resistant bacteria called CRE (known as carbapenem-resistant Enterobacteriaceae). We highlighted the need for hospitals to use reasonable care in sanitizing equipment and cleaning surfaces that may harbor bacteria, and how the failure to use such care in doing these things could lead to a lawsuit.

But when it comes to litigation and multiple culpable parties, it may be difficult to determine which party is actually liable. And the superbug incident may be no different. According to a recent claimsjournal.com report, the manufacturer of the endoscope at the center of the controversy may be at odds with the hospital as to who would be responsible for the outbreak.

After all, the endoscope is reportedly notoriously hard to clean, and the hospital claims that it followed the manufacturer’s protocols. Meanwhile, the manufacturer maintains that meticulous manual sterilization is necessary; which suggests that it believes that the hospital may not have been thorough in cleaning the instruments. The U.S. Food and Drug Administration has warned doctors about the difficulty of completely cleaning these instruments.