Syracuse Personal Injury Law Blog

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.

More than just automakers will have recalls in 2015

Published on: February 17, 2015 | By Jeff DeFrancisco

In a prior post, we highlighted the record number of vehicles that were recalled in the United States last year. According to a recent New York Times report, 803 recalls were initiated last year that covered 64 million vehicles. Indeed, a large number of recalls were due to federal regulators calling for manufacturers to take action. The National Highway Traffic Safety Administration had 123 investigations that led to recalls. The others were due to automakers calling for cars to be brought back on their own initiatives.

The notion that automakers led a majority of recall efforts should be comforting. After all, they have a legal obligation to report defects that consumers would not know about on their own and to take reasonable steps to correct them. However, the federal government was recently under fire because of the delays in investigating consumer complaints that could have led to recalls. The NHTSA recalled the fewest number of vehicles since 2010, and there were rumblings that the full extent of its legal powers were not exercised.

Aside from the epic recalls due to General Motors’ ignition switch problem and Takata Corporation’s airbag issue, arguably the most problematic (and least discussed) recall had to do with children’s car seats. More than six million car seats manufactured by Graco Corporation were recalled, along with 1.6 million seats by EvenFlo. Both manufacturers had the same problem; bulky buckles that could trap a child inside their seat in the event of an emergency.

What to ask before hiring a medical malpractice attorney

Published on: February 12, 2015 | By Jeff DeFrancisco

If you have been injured or sickened by a doctor or mistreated by hospital staff, your recovery should be your highest priority. However, negligent physicians and hospitals should be held accountable for the actions (or inaction) and a medical malpractice lawsuit may be necessary to achieve this.

Nevertheless, most people do not have any experience in hiring an attorney, and often seek referrals because of the confusion that open solicitations may present. But to pick the right law firm for your needs, it is important to ask questions. This post will highlight a few important ones that can help in determining which law firm is right for you.

How did you start handling malpractice cases? – Just as a potential jury will be interested in hearing your story, you should be interested in your attorney’s story as well. When asking about how he or she started handling malpractice cases, the attorney should be able to discuss his or her background and experience, and make you feel that he or she is experienced and capable.

Just how effective are surgical masks anyway?

Published on: February 11, 2015 | By Jeff DeFrancisco

If there is anything that is synonymous with a hospital setting, it is the surgical mask. It is almost as common for medical personnel as the standard scrubs are. The idea of a surgical mask is that it is to protect against the transmission of germs. But are surgical masks as effective as they are thought to be, especially considering the throes of flu season and the recent outbreaks of the measles?

A recent medicaldaily.com article explored that question.

Essentially, the effectiveness of a surgical mask depends on two major factors: the location of the sick individual and the method in which germs are transmitted.Â

You are ‘Not Alone’ with the BIAA

Published on: February 10, 2015 | By Jeff DeFrancisco

With a number of our posts, we describe how brain injuries can occur and how they can be prevented. In car accidents, airbags can keep people from head trauma that can occur by hitting a dashboard, steering wheel, or even a window. With sports, new equipment can disburse the impact of a blow to the head, and updated concussion protocols can reduce the chances of a player being severely injured after suffering a concussion. Also, hours of service rules can reduce the likelihood of a crash caused by a drowsy trucker.

While these things can be beneficial in preventing brain injuries, they still occur. And when they do, we have to remember that a human being still needs to be cared for, even if he or she cannot function they way that they once used to. Moreover, research still needs to be done so that those who suffer from severe brain injuries can find ways to heal and regain some of the life that was taken from them.

These are a few of the goals of the Brain Injury Association of America. Through continued advocacy and awareness, the group hopes to give those who are disabled through brain injuries a voice in policy decisions and hope for those who cannot help themselves.