Syracuse Personal Injury Law Blog

Nurse who contracted Ebola to sue hospital where she worked

Published on: March 2, 2015 | By Jeff DeFrancisco

While a majority of our hospital negligence posts focus on the diseases and ailments that patients may contract, it is not uncommon for nurses and hospital staff to contract diseases when proper treating procedures have not been established, or when the proper equipment is not available to protect nurses and other workers.

This may have been the case when a handful of nurses contracted Ebola last fall. In what was a highly publicized event, two nurses from Texas Presbyterian Health System in Dallas were sickened after caring for a patient who exhibited symptoms and fell ill. The patient died, but the nurses (after being treated at a different hospital) eventually recovered.

One of the nurses is expected to file suit against Texas Presbyterian accusing the hospital of being negligent for not having the proper equipment or providing the proper training so that nurses can effectively treat patients who have Ebola. She is seeking money damages for pain and suffering, mental anguish and loss of future earnings.

‘Heads up’ display may not be the best for distracted driving

Published on: March 1, 2015 | By Jeff DeFrancisco

The North American International Auto Show in Detroit last month drew more than 200,000 car enthusiasts who were interested in the latest available technologies as well as concept cars that will eventually be on the road in years to come. Indeed, the prevailing talk is about the future of self-driving cars, and how soon they will be seen on the road. However, the current technologies still bring around a great number of fans.

An example of this is the “heads up” display that many automakers are incorporating. Essentially, it is a display where a driver will see information from their display panel basically floating in the air in the driver’s line of sight. So a driver can see how fast they are going, obtain turn by turn directions, and know which direction they are going without looking down at the instrument panel; thus taking their eyes off the road.

The notion behind this innovation is that the less the driver has to look away from the road, the chances of a distracted driving accident can be reduced. However, some safety advocates believe that heads-up displays may not curb distracted driving. In fact, a 2013 study published by the AAA Foundation for Traffic Safety suggests that additional mental distractions (such as those provided by heads up displays) may lead to the brain being overloaded with information and hamper a driver’s ability to react to common hazards (such as stopped traffic or children running into the street). Regardless of whether this actually is the case, it is a reminder of the duty drivers have to use reasonable care while behind the wheel.

Why review of cleaning standards is important

Published on: February 28, 2015 | By Jeff DeFrancisco

When you think about bacteria, chances are that you are trying to avoid the harmful effects that come from it. After all, bacteria is commonly followed by sickness and disease; and if you have something caused by harmful bacteria, chances are that you are being prescribed antibiotics to get rid of it.

Indeed, feeling better is something that we all want, but we may not want to eliminate all bacteria in our bodies. There are helpful bacteria that work with our immune system to keep us healthy. And when beneficial bacteria are eliminated, that can put us at risk.

This is the concern that researchers have when considering the spread of Clostridium difficile (better known as C-diff). It is a germ that can grow in the colon after antibiotics kill of other bacteria. C-diff can cause diarrhea and even lead to death. According to the Centers for Disease Control and Prevention, more than 450,000 Americans were sickened by C-diff in 2011. In fact, it is blamed for nearly 15,000 deaths each year.

Autism study raises questions about iron intake during pregancy

Published on: February 27, 2015 | By Jeff DeFrancisco

The fear of autism in an unborn child is a very real concern for pregnant mothers; especially those who carry the common risk factors along with a child in their womb. Expectant mothers who are over 35 or have weight concerns or other metabolic issues such as diabetes or hypertension are prime candidates for giving birth to autistic children.

However, there is hope for mothers who have these concerns. According to a study published last fall in the American Journal of Epidemiology, taking iron supplements could reduce the risk of giving birth to a child with autism.

According to past studies about autism, iron deficiency (and resulting anemia) is a very common nutrient deficiency that affects almost half of all pregnant women and their children. Since iron is essential to early brain development and neurotransmitter production, and the lack of iron can affect this development, it has been found that autism could be linked to iron deficiencies.

School bus drivers must drive safely

Published on: February 26, 2015 | By Jeff DeFrancisco

In all of our posts about traffic safety (i.e. driving in inclement weather) we have not discussed school bus safety. It is about time that we do so, given that school bus drivers drive thousands of miles around central New York with children on board every month. Additionally, bus drivers are under a higher level of scrutiny given the precious nature of their passengers.

However, a recent ABC News.com report suggests that bus drivers may not be following the rules of the road. In a number of states, including New York, a number of videos have surfaced showing drivers running red lights, driving above the speed limit and not stopping at train crossings. While the videos do not show drivers in accidents, and not all of them are conclusive in showing children on the buses, they do raise some concerns about bus safety.

While there may be those who believe that children are safer riding on buses than walking to school, this does not absolve drivers of their responsibility to use reasonable care while behind the wheel. This means that they must obey speed limits and traffic laws, avoid unsafe turns and lane changes and must drive without using handheld devices or social media apps. Most importantly, bus drivers must not drive while under the influence of mood altering drugs or alcohol.

What should you do if you hit black ice?

Published on: February 25, 2015 | By Jeff DeFrancisco

If you are tired of snow and icy conditions, chances are that you are not alone. There’s a reason why the weather patterns in our region have made headline news. Nevertheless, enduring the weather is what makes us strong, resilient and appreciative of spring. In the meantime, we must drive in these conditions, and that is not always easy despite the snow plows and salt trucks that patrol our streets.

Despite their efforts, there are still areas where black ice can form and present hazards. As we have noted in some of our previous posts, black ice can form when snow (or ice) melts and then refreezes on the street. It can be virtually invisible to drivers until it is too late. But when you hit black ice, what should you do? This post will provide some helpful tips.

Don’t hit the brakes – The natural inclination is to slam on the brakes to avoid sliding into danger, but ironically, hitting the brakes could lead to losing control and spinning into tragedy. Instead, try letting off the accelerator and coasting back into control.

What is discovery and how will it affect my case?

Published on: February 23, 2015 | By Jeff DeFrancisco

Part of resolving a premises liability claim involves investigating it. This includes gaining information that the property owner (or ownership group) is likely to rely on in marshalling a defense a plaintiff’s claims. The process of obtaining such information is called discovery, and it is a critical part of litigation.

Through discovery, your attorney will obtain information such as:

– Who would be responsible for providing insurance on the day the accident occurred?

Several hospital patients infected by ‘superbug’

Published on: February 20, 2015 | By Jeff DeFrancisco

We have noted in a number of our posts the responsibilities hospitals have to keep patients safe from harm. This includes following established protocols for preparing patients for surgery, monitoring their vitals for potential abnormalities, and listening to their concerns about medications and treatments.

One of these responsibilities is to ensure that patients do not succumb to infections due to unclean materials or equipment. Essentially, if a hospital fails to follow established guidelines for sanitizing equipment, and a patient is sickened as a result, the hospital could be held liable.

This is especially important given the situation that has arisen at UCLA’s Ronald Reagan Medical Center. According to a recent ABC News.com report, a “superbug” which can be potentially deadly, has infected several patients. The superbug, known as CRE, has been found to be resistant to antibiotics and was likely transmitted through contaminated medical scopes used in endoscopic procedures at the hospital. CRE can cause infections of the bladder and lungs, which can manifest themselves in flu-like symptoms, including fever, chills and coughs. According to the Centers for Disease Control and Prevention, cases of CRE have been reported in every state except for Maine, Alaska and Idaho.

Could spinal cord stimulation be used to mask surgical mistakes?

Published on: February 19, 2015 | By Jeff DeFrancisco

Since its approval by the Food and Drug Administration in 1989, spinal cord stimulation has become an important measure in treating chronic back pain, especially if other methods have not generated success. The treatment involves neurostimulation of the area where the source of pain is found. In essence, an electrical current is sent to the area, which creates a pleasant sensation and blocks the brain’s ability to sense the previous pain.

While neurostimulation can be used to treat a number of ailments, one of the primary reasons is to alleviate complications stemming from failed back surgeries. Perhaps the most common reason for failed back surgeries is that the area that was operated on is not necessarily the source of the patient’s pain. This may result in an improper procedure being performed. For example, a discectomy performed for leg pain may be proper and predictable, but a similar procedure to correct a lower back problem may not be.

Regardless of the procedure, a physician must use reasonable care in determining what should be done to correct a back issue. This means that a doctor must act as a doctor with similar experience and expertise would do in the same instance, or must follow established standards for treating a particular condition. If the physician fails to do so, and a patient is harmed as a result, the doctor could be held liable.

How can malpractice be determined in birth injury cases

Published on: February 18, 2015 | By Jeff DeFrancisco

As a parent, few things in life are as traumatic as learning that your new baby may be subject to severe or permanent damage due to a birth injury. Conditions such as cerebral palsy and Erb’s palsy can have life altering consequences and it is natural to want to hold the hospital and physicians liable for your new baby’s life sentence.

However, in holding people responsible, there must be a determination as to whether the condition is due to malpractice (which would lead to a birth injury) or a genetic or physical malady, which would suggest a birth defect.

Such a key question requires the investigation and opinion of a qualified medical expert. Essentially, the physician must be able to testify to how the condition may have been caused and must clearly show how the lack of reasonable care employed by the physicians who may be responsible for harming the child.