Syracuse Personal Injury Law Blog

How long do I have to bring a medical malpractice suit?

Published on: January 12, 2015 | By Jeff DeFrancisco

With all the posts we have written about medical malpractice, part of the reason that some may not bring malpractice suits is that they may not realize that their injuries or ailments were actually caused by a doctor’s mistake. Additionally, some may have questions about whether they can bring a lawsuit, given how much time has passed since the surgery, diagnosis, or procedure they underwent.

Because of these questions, we dedicate this post to answering the question (on a threshold level) as to how the statute of limitations may affect a medical malpractice suit.

Under New York state law, a medical malpractice suit must be initiated within two years and six months of the alleged injury or malpractice. New York is one of a few states in America where the statute of limitations is based on the date of the alleged malpractice (or the last date of treatment), not when a prospective plaintiff actually discovers that their ailment was caused by a physician’s mistake. Because of this, a plaintiff may be at a disadvantage when it comes to seeking damages for malpractice.

Relaxed HOS regulations should not change safety expectations

Published on: January 12, 2015 | By Jeff DeFrancisco

It may go without saying that driving in upstate New York can be difficult during this time of year. After all, we recently posted on how ice missiles that come off a semi truck’s trailer are hardly friendly to drivers following behind them. But snow covered hazards are probably the least of a driver’s worries. It is whether a truck driver is too sleepy to be behind the wheel.

According to the National Highway Traffic Safety Administration, fatigued driving has been a problem for commercial drivers and individuals alike.

Fatigue is a culprit in more than 100,000 crashes each year, and it is believed that drowsy driving is underreported. This is likely the reason why federal regulators implemented hours of service rules, so that the public may benefit from not having so many tired drivers on the road, which would ostensibly limit the number of accidents due to fatigue.

Study finds half of fatal teen crashes involved older, smaller cars

Published on: January 10, 2015 | By Jeff DeFrancisco

It’s a rite of passage in homes across New York and around the nation: Parents handing over the keys to the household’s oldest — and perhaps worst — vehicle to their newly licensed teen driver.

While the idea of driving around in an older model vehicle likely makes little difference to the teens driving them and makes sound financial sense to the parents doing the gifting, a recently released study by two researchers from the Insurance Institute for Highway Safety suggests that this might not be the safest course of action.

Specifically, the study — published in the latest edition of the journal Injury Prevention — examined figures in the National Highway Traffic Safety Administration’s Fatality Analysis Reporting System, and made some shocking findings concerning fatal car accidents involving teen drivers between 2008 and 2012.

How pedestrians can be safe during the winter

Published on: January 9, 2015 | By Jeff DeFrancisco

Living with treacherous sidewalks and parking lots is a way of life in upstate New York. After all, with all the snow that we receive during the winter (and unfortunately sometimes during the spring) you would think that store and building owners would know that they have a legal duty to keep entry ways and parking lots reasonably free of snow and ice.

Unfortunately, it does not always happen that way. Because of this, pedestrians are injured in slip and falls during the winter. However, as the old adage says, an ounce of prevention is worth a pound of cure. With that, we offer some helpful tips for pedestrians as they navigate icy sidewalks, entryways and parking lots.

Make storeowners aware of dangerous conditions – As we alluded to earlier, property owners have a duty to take reasonable steps to make ingress and egress safe for customers. However, if they are not put on notice about dangerous conditions, it may be difficult to establish liability for an owner who does not know that such conditions exist.

Why peephole drivers are dangerous

Published on: January 8, 2015 | By Jeff DeFrancisco

It’s no secret that drivers sometimes feel like their cars are fortresses; almost like they are in their own little world within their steel frame and four wheels. Indeed, cars are not necessarily rolling fortresses, with small peepholes to greet people who come forward. However, when snow and ice collect on windshields and windows, some drivers, in their haste to get from Point A to Point B, they may only scrape of just enough space to see the road ahead.

Of course, this practice, called “peephole driving” should be viewed as clear negligence (pardon the pun). There is much more to see than what a driver can see through a letterbox view due to snow and ice. For instance, the surrounding sides and rear of a vehicle may not be seen without debris being properly cleared. As such, a driver may not see hazards (such as another car) before it is too late.

From a legal standpoint, drivers in upstate New York have a duty to use reasonable care while operating a motor vehicle. A part of this involves clearing off one’s vehicle so that they may properly see out of all windows. If such a failure is found to be the proximate cause in an accident, the offending driver could be held liable for the ensuing injuries and property damage.

Why medical malpractice may not always be based on human error

Published on: January 8, 2015 | By Jeff DeFrancisco

In a number of our posts, we have highlighted the notion that some physicians believe that they are not mistake prone. Essentially that there is a culture that doctors should not confront their colleagues about mistakes made in treating (or diagnosing) patients. This rigidity about making (or being accountable) for mistakes is particularly troubling, especially when the specter of human error is simply a part of life.

But what happens if human error is not the cause of an adverse medical outcome? What if such an outcome is the result of faulty equipment?

This is a question that may come up in the midst of a medical malpractice investigation (much less a lawsuit). In order for a plaintiff to prevail in a malpractice action, he or she must show that but for a doctor’s negligence, the injuries or ailments the plaintiff now suffers from would not have occurred.

Why properly screening head injuries is important

Published on: January 8, 2015 | By Jeff DeFrancisco

While we have written a number of posts on injuries suffered through auto accidents, it is also important to realize that head injuries (particularly concussions) can be suffered through a number of ways. In fact, more than two million people will suffer head injuries severe enough to send them to the hospital this year.

Traumatic brain injuries can be suffered through car accidents (i.e. heads hitting dashboards or windows), through sports injuries (particularly football and cheerleading accidents), and most notably, falls. Given the icy conditions that we live in, falls on slippery surfaces are common this time of year.

However, being able to properly diagnose brain injuries is of particular importance. Besides traditional bumps and bruises, it may be difficult to ascertain whether a person has suffered such an injury because of the subtle ways it may manifest itself. As we have mentioned in previous posts, not all people react the same way to head trauma. Some may have irregular sleep patterns, others may have intermittent headaches and others may have significant mood changes.

Why drivers should be aware of ice missiles

Published on: January 7, 2015 | By Jeff DeFrancisco

If you live in upstate New York, driving in the snow is a part of life during the winter months. Of course, being able to navigate snowy roads is important, and knowing how to avoid accidents on icy roads is also critical. Nevertheless, the following post on ice missiles is something that every winter driver should be aware of.

No, we are not talking about some weapon that “Mr. Freeze” would be conjuring up to terrorize citizens of Gotham City. Instead, we refer to the pieces of snow and ice that may remain on the tops of semi trucks and trailers. And when a truck goes down the freeway after not having a trailer cleaned off, pieces of snow and ice may fly off and into the windshields of cars following such vehicles.

An ice missile may not penetrate a car’s windshield, but it may create a blinding blanket of ice that may severely restrict a driver’s ability to see. This may also lead to an accident.

How to know when to get a new doctor

Published on: December 30, 2014 | By Jeff DeFrancisco

As medical malpractice attorneys, we hear a number of stories about doctors who make mistakes. Some of them are quite tragic, as they are errors that should never be made. Others are fairly common, as they are a reflection of disorganization or poor judgment.

Nevertheless, good physicians; or rather, good medical teams are not easy to come by. As such, it may be difficult to really know when you should move on and find new medical providers. With that, we dedicate this post to highlighting clues that should tell you when it is time to move on.

Your doctor doesn’t seem to care – Indeed, a doctor’s bedside manner is only one component of what makes him or her a great physician, but your doctor has to care about your ailments. If your doctor appears less than concerned about your issues, or dismisses your claims, it may be time to find a new doctor.

Car accident injuries you may have questions about

Published on: December 28, 2014 | By Jeff DeFrancisco

In a prior post, we highlighted the possibility that drivers in our region could be involved in a car accident. During this time of year, the convergence of poor weather, higher volumes of traffic (commonly around shopping centers), and drunken drivers can make the holiday season dangerous. Because of this, drivers must be especially vigilant in order to avoid car crashes.

But sometimes, an accident cannot be avoided and drivers and passengers may be injured. With that, this post will highlight some of the common injuries suffered.

Back and neck injuries – If you know anything about neck injuries, you have probably heard of whiplash; the violent action of a person’s head going forward then back in the midst of a crash. This puts substantial strain on a person’s neck. Additionally, a person can suffer serious back injuries in a crash due to the same action.