Syracuse Personal Injury Law Blog

H.S. football players affected without suffering concussions

Published on: December 2, 2014 | By Jeff DeFrancisco

The link between concussions suffered while playing professional football and permanent brain injury has grown over the past few years as more football players are diagnosed with depression, anxiety and other terminal illnesses. The growing number of players exhibiting erratic (and sometimes violent) behavior off the field and even committing suicide has led to rules changes and increased monitoring of concussions on the professional and collegiate levels.

But what about high school football? Concussion protocols have become increasingly important because of new information suggesting that young people can exhibit emotional changes even though they have not technically suffered a concussion. A study presented at the Radiological Society of North America found that small, continuous blows to the head could cause changes to the brains of young football player, even though they have not been clinically diagnosed with a concussion.

Even though the study did not examine how the changes affected brain functions, it brings about concerns as to whether a player should be examined by a brain specialist prior to resuming contact activities. It may also raise questions as to whether doctors are following proper protocols when diagnosing football players.

How to travel safely during the Thanksgiving holiday

Published on: November 26, 2014 | By Jeff DeFrancisco

Last week’s lake effect snowstorm in the Buffalo area was an epic weather event. Also, as temperatures were forecasted to warm up, fears arose that flooding would grip the area as well. As of today, it is predicted that flooding will largely be avoided, which is good news for people who had to dig out from the previous storm.

However, another storm predicted for our region cannot come at a more inopportune time; the Thanksgiving holiday. According to the American Automobile Association, more than 46 million people will be travelling, with a large majority of these travelers taking to the road. With the combination of additional traffic and the possibility of poor weather, drivers must be vigilant in order to avoid accidents.

After all, drivers in Syracuse and throughout central New York have a duty to use reasonable care while operating a motor vehicle. This commonly means that drivers must reduce their speeds in inclement conditions, they must leave some additional space between vehicles ahead of them when conditions are challenging, and they must avoid driving under the influence of alcohol, among a few things.

When can airbags be a threat to passengers?

Published on: November 25, 2014 | By Jeff DeFrancisco

When you think about how airbags in vehicles are supposed to work, the overriding notion is that they are supposed to save lives. They are supposed to cushion the impact between a driver (primarily their head) and the steering column and the dashboard. The same could be said about airbags that protect passengers as well.

However, while many airbags save lives, there is a growing problem that is being discovered about the canisters that house them. Essentially they could disintegrate under the pressure of inflating during the impact of an accident, and could send metal shards into the occupants of a car, therefore creating serious lacerations and other injuries.

According to a warning issued by the National Highway Traffic Safety Administration, nearly five million vehicles across the United States could be affected. The airbags, which were manufactured by Takata Corporation, have been included in Hondas, Toyotas, Nissans and BMWs sold over the past few years. However, new information has surfaced suggesting that more than seven million cars could have faulty airbags.

How patients can avoid complications with hospital discharges

Published on: November 25, 2014 | By Jeff DeFrancisco

Some hospital error cases are based on patient readmissions that occur because of mistakes on diagnosing patients for discharge, and the lack of education that patients receive. Indeed, there are a number of things that hospitals can do in these areas to increase patient safety. This post will highlight some important considerations that patients should be aware of.

Your doctor or nurse should educate you about blood thinners – If you recently have had surgery, chances are that you may be discharged from the hospital with a prescription for a blood thinner. It is critical that your physician give you detailed instructions about your prescription, and you should ask all the questions you feel are necessary in order to feel comfortable with what you will be taking.

Read your discharge plan – Most hospitals have protocols where the patient is read their discharge plan, or it is explained to them by the physician or a designated agent. Essentially, the discharge plan should include what prescriptions will be given and how often the medications should be taken, when follow up appointments will take place, as well as who primary contact shall be should the patient have questions.

Why melting snow may lead to black ice

Published on: November 25, 2014 | By Jeff DeFrancisco

The recent snow storms in Buffalo and greater Eerie County have been historic in the amounts that have fallen. Residents and businesses alike have been digging out for days on end. Now it appears that an equally historic warm up is imminent, which raises the possibility of flooding.

If things could not get worse after that, temperatures are bound to fall later in the week, which may bring about the possibility of icy roads just in time for the holiday weekend. With that said, we find it prudent to discuss the dangers of black ice.

This is the term given to large, thin sheets of ice that form on streets and highways after moisture freezes as temperatures fall. Black ice is largely invisible to the naked eye, which makes it that much more dangerous for drivers, because there is hardly any reaction time once a driver hits a patch of ice.

Could non-economic damages caps be discriminatory?

Published on: November 24, 2014 | By Jeff DeFrancisco

In our prior post, we talked about how caps on non-economic damages could be harmful to medical malpractice plaintiffs, in that they may not compensate injuries that involve a great deal of pain and suffering or long-term emotional injuries. With these scenarios possible when medical negligence mars procedures involving reproductive organs or victims of sexual assault, could it be that some malpractice victims are treated differently than others?

According to a study about women, children and elderly medical malpractice victims, it appears that their injuries are largely compensated through non-economic damages, which are capped at $250,000 in a number of states.

Essentially, damages caps create an unfair value system where certain members of society may not recover what they should be entitled to based on the nature of their injury. Instead, damages may be determined on a person’s earning capacity. Since women tend to be awarded more than men when it comes to non-economic damages, such caps could be seen as discriminatory and work towards an unequal system of access to justice.

Three things you can do to avoid medical malpractice

Published on: November 14, 2014 | By Jeff DeFrancisco

In a prior post, we highlighted the breaches in procedure and improper actions taken by physicians that led to Joan Rivers’ death. Essentially, there were critical errors that if they were abated, could have saved Rivers’ life.

While the Rivers’ case appears to be a straightforward case of negligence, many other medical malpractice cases are not so clear cut. This led us to think about potential things that patients could do to help them avoid medical malpractice cases. This post will identify a few.

Speak up – Doctors are trained to diagnose medical conditions and make recommendations on how to treat them. However, you know your body much more than a physician can. So if you feel that something is wrong but doctors are telling you that everything is alright, speak up for yourself and not simply rely on one opinion. After all, it is your body and only you have to deal with the consequences if something goes wrong.

Why professional certifications may be important

Published on: November 13, 2014 | By Jeff DeFrancisco

As a patient, you may not be as concerned with certifications as a physician might be; but perhaps you should. Indeed, doctors may believe that certifications are an important measure for keeping abreast of the latest recommendations and best practices for a particular field. When doctors are into continuing education, the patient stands to benefit as well.

Take Arizona Cardinals quarterback Carson Palmer. He went down with an injury during last Sunday’s game. It was discovered that he tore his ACL, unfortunately on a play where crumpled to the field untouched. Palmer is likely to trust his surgery and subsequent rehab to someone who is certified by the National Academy of Sports Medicine (NASM) and/or the American Orthopaedic Society for Sports Medicine (AOSSM).

Certification by these groups inherently means that they are up to date on the latest techniques for surgery and post-operative care. Doctors who continue to hone their craft by obtaining these certifications are less likely to fail to use reasonable care during a procedure or during the rehab period. For instance, these physicians can advise on the best times after a catastrophic injury has occurred to have surgery. So while you may not have a professional football career to earn a living, medical negligence can occur regardless of your income.

Can doctors acting as Good Samaritans be held liable?

Published on: November 12, 2014 | By Jeff DeFrancisco

Indeed, physicians have difficult jobs where there may be times where they must make split second decisions that can have critical implications on patients’ lives. This is why they go through extensive training in order to properly diagnose illnesses and injuries and to make care recommendations accordingly. Despite the difficult nature of their profession, doctors must use reasonable care when performing their duties.

However, in situations where doctors are acting as Good Samaritans in emergency situations, should they be held to the same standards? More importantly, should a patient injured by a doctor in this position be able to initiate a malpractice suit?

This is an important question given that doctors may have an ethical duty to assist members of the public in the event of an emergency. Nevertheless, Good Samaritans are protected in a number of situations under New York law, including where:

Cancer treatment risks for men with prior cardiac histories

Published on: November 6, 2014 | By Jeff DeFrancisco

A number of our posts focus on the legal duty that physicians, nurses and hospital staff in using reasonable care in treating patients. A large part of that duty involves properly assessing patients for treatments; which may include asking questions about what drugs a patient may be allergic to and what their prior medical history involves.

A recent medicalnewstoday.com story exemplifies the importance of these screenings. According to a recent study featured on the site, certain prostate cancer treatments could lead to increased risk of death from heart-related causes. Specifically, men with prior cardiac histories or a diagnosis of congestive heart failure were found to be at risk when undergoing androgen deprivation therapy (ADT).

ADT focuses on reducing levels of male hormones in the body so that cancer cells will not be stimulated, thus preventing further growth of cancerous cells. Despite the success of this treatment, patients have seen an increased risk of diabetes, heart disease and even heart attacks.