Syracuse Personal Injury Law Blog

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Published on: October 4, 2014 | By Jeff DeFrancisco

In a prior post, we highlighted a trend in Philadelphia and its suburban counties of fewer medical malpractice claims being brought to trial and even fewer verdicts in favor of injured plaintiffs. The trend in Pennsylvania is an example of an overall trend in New York and across the nation. A recent Philly.com report examined this phenomenon, which led to the question: Are innocent medical malpractice victims being left uncompensated?

Currently, medical malpractice claims and payments have dropped in 31 states, including New York. This is arguably a result of improvements in medical care, particularly communication between staff members, but it is also attributable to tort reform efforts raised by state legislators and physicians’ rights organizations. The various new laws have resulted in damage caps that may prevent an injured person from realizing the full amount that they are entitled to.

Because of this, medical malpractice law firms must scrutinize cases much closer and decline those that are too much of a risk that they will not make money for the firm; even if the case in fact has merit. The results are startling.

Joan Rivers’ doctor reportedly took a selfie during procedure

Published on: September 25, 2014 | By Jeff DeFrancisco

The death of comic icon Joan Rivers is a harsh and tragic reminder that every medical procedure, no matter how routine, comes with its share of complications. Rivers passed away on September 4 after she went into cardiac arrest during a procedure on her vocal cords on August 28. An investigation is ongoing into the circumstances that led to her demise, but preliminary reports indicate that her air supply may have been cut off during the procedure.

More disturbing elements were recently revealed. According to CNN.com, Rivers was scheduled to undergo an endoscopy on her vocal cords, but apparently her personal ear, nose and throat doctor performed a biopsy (that Rivers reportedly did not give her consent for). Even more troubling, the physician reportedly took a selfie of himself and Rivers while she was under anesthesia.

The clinic where the biopsy was reportedly performed recently released a statement denying that the procedure took place. It also announced that the physician who completed the endoscopy had resigned from the clinic. While there have been no formal allegations of wrongdoing and no discipline has been meted out, the events touch upon the propriety that doctors must act with when performing procedures on patients.

Record keeping changes could mask hospital mistakes

Published on: September 23, 2014 | By Jeff DeFrancisco

Record keeping is an important aspect of a medical malpractice case. Essentially, if a hospital has bad record keeping practices, chances are that it may be easier to prove that reasonable steps were not taken to ensure the patient’s safety, or that established procedures were not followed that led to the patient being harmed.

Indeed, some hospitals have exceptional record keeping practices. However, a new reporting protocol may mask some hospitals’ shortcomings. According to a recent Claims Journal report, some diagnoses to be reported under ICD-9 reporting codes may not translate to ICD-10.

For instance, an issue reported under ICD-9 may have several interpretations under ICD-10. Basically, accurate reporting under ICD-10 may make a hospital look safer than it really is. At the same time, other hospitals may seem less safe because of the different (and new) categories generated under the system.

$73 million awarded in vaginal mesh implant case

Published on: September 17, 2014 | By Jeff DeFrancisco

If you have heard commercials asking for women who have been injured through vaginal mesh implants to come forward, you are not alone. A woman in Texas who was harmed by such an implant was reportedly awarded $73 million, which included $23 million in compensatory damages and $50 million in punitive damages. In fact, according to a recent Bloomberg.com report, Boston Scientific, the maker of the Obtryx sling, is facing more than 12,000 lawsuits where women who used the product have complained of severe organ damage as the slings eroded within their bodies.

The damages obviously would lead to severe pains and additional surgical procedures, and could further lead to limitations on performing normal life activities.

The U.S. Food and Drug Administration reportedly ordered Boston Scientific and a number of vaginal implant makers to study the rates of organ damage attributable to such products two years ago.

Could your doctor be on drugs when treating you?

Published on: September 11, 2014 | By Jeff DeFrancisco

TV dramas about hospitals and emergency rooms are arguably about art imitating life. This means that some of the scenarios that shock us (and gain our empathy) actually are lived by real people. This also means that doctors who make mistakes may do so in real life. While they may happen in limited instances, the patients that are treated by irresponsible doctors are still at risk.

For instance, one doctor who was addicted to pain killers for years…all while treating patients…was highlighted on NBC’s “Today” show. The physician indicated that his habit was nearly 100 pills of Vicodin at its worst. He said that he has been clean for 10 years, but his past still scares him.

But this doctor is certainly not alone. It is reported that 100,000 doctors, which equates to nearly 1 in 10 doctors, is addicted to drugs or alcohol and are still treating patients. An investigative reporter for Today even found that some doctors are performing surgeries while under the influence; which can lead to disastrous results for patients.

Do not despair if you haven’t found a lawyer to take your case

Published on: September 10, 2014 | By Jeff DeFrancisco

If you are frustrated that you have not found a law firm to take your medical malpractice case, do not lose hope. Take solace in knowing that many clients talk to multiple law firms before they find a firm that is willing to take their cases.

The reasons for rejecting a case are varied. Some firms may not take cases that are valued below a certain amount of money. They know that it will take a substantial investment in order to get the case to trial, and if they don’t believe that they will achieve a successful verdict, or that the potential award amount won’t cover their costs, they won’t take the case.

Others may not be interested in cases where the alleged malpractice will be difficult to prove (i.e. there may be other factors involved that caused the procedure to go bad or the desired result was unachieved.) When there is unclear evidence of malpractice, this may turn some law firms off. Others may not take the case because they may believe it is too complicated a matter to bring to trial (i.e., the case may not resonate with a jury).

Many hospitals making changes to accommodate children’s surgeries

Published on: September 4, 2014 | By Jeff DeFrancisco

When children need surgery, this can be a terrifying experience for a parent, especially when decisions must be made as to where the surgical procedure will take place, and who will be performing the procedure. When it comes to pediatric surgical needs, there may be little information that parents can rely on when it comes to choosing the best venue and doctor for their needs. Moreover, many facilities focus on general surgical needs, (i.e. adults with a number of maladies) and therefore do not have the proper instruments, facilities and staff to handle pediatric surgeries. Children, unlike adults, need special attention when it comes to anesthesia, x-rays and post-op care, and they tend not to receive this in hospitals geared toward treating adults.

Because of this, a number of hospitals are implementing programs to accommodate such procedures, and to give parents as much information and reassurance they need to choose the hospital to handle pediatric procedures. Additionally, studies show that fewer complications arise when children undergo surgeries in hospitals and clinics that are equipped for young children.

The levels will correspond as follows:

What you should look for in a good doctor

Published on: August 29, 2014 | By Jeff DeFrancisco

Anyone who tells you about finding a doctor who’s right for you knows how difficult it can be. Indeed, doctors are qualified to practice their respective crafts, but they may not have the bedside manner or the natural empathy that makes patients feel secure with their advice.

Also, not all doctors have a way of making clients feel valued, and more importantly, not all physicians follow the standards set forth by state law and professional guidelines. Further, patients may not be able to find helpful information about the doctor they are considering. As such, we feel that providing some guidelines would be helpful.

Your doctor should stay abreast of the latest research – It should not be lost on patients to ask whether their physician is on top of the latest research, trends and topics that matter to you. After all, you want your doctor to be knowledgeable and skilled.

Johnson & Johnson recalls hysterectomy machines over cancer risk

Published on: August 27, 2014 | By Jeff DeFrancisco

Healthcare giant Johnson & Johnson announced recently that it would stop selling and distributing its power morcellators, after the Food and Drug Administration (FDA) found that its use in hysterectomies and myomectomies could lead to cancer in women. A report in the Journal of the American Medical Association found that 27 of every 10,000 women who underwent a hysterectomy using a morcellator machine could develop cancerous tumors that could spread to other parts of the body.

Moreover, scientists could not determine if a uterine fibroid could be cancerous prior to being removed with such a machine. Because of this, they discouraged the use of power morcellators and advised doctors to fully discuss the risks and benefits of using other treatment options.

As such, Johnson & Johnson has pulled the machines from the marketplace.

Survey: Parents may not be setting the best driving example

Published on: August 24, 2014 | By Jeff DeFrancisco

As you made your way to work this past week, there’s a very good chance that you observed some fairly reckless conduct behind the wheel from speeding and tailgating to running red lights and, of course, distracted driving.

The unfortunate reality is that even though New York has outlawed talking or texting while driving, making it a primary offense, motorists here in the Empire State can still be regularly observed with their smartphones held to their ears or their heads looking downward as they are sending a text message.

In fact, it’s not just New York that has a problem with distracted driving, as statistics from the National Highway Traffic Safety Administration reveal that 3,360 people were killed in distracted driving-related car accidents in the U.S. in 2011 and another 3,328 were killed in 2012.