Syracuse Personal Injury Law Blog

New York man discovers malpractice when appendix wasn’t removed

Published on: April 19, 2014 | By Jeff DeFrancisco

It is not that uncommon to suffer appendicitis, or the inflammation of the appendix. People in New York are diagnosed with the condition quite frequently, generally after they go to the hospital with intense pain and swelling in the abdomen. The only treatment is to have the appendix removed or risk it bursting, leaking pus and infection into the abdominal cavity. If the appendix is left in, a patient could die from peritonitis.

So, when a Bronxville, New York, man had to get an emergency appendctomy while on vacation, he may have been a bit surprised, as he was supposed to have had his appendix removed in January 2013 in New York. It seems, however, that the surgeon failed to remove the appendix, just a yellowish mass, and now the man is suing both the hospital and the surgeon for medical negligence.

You see, this was not just the surgeon’s fault (although he is certainly not off the hook). The man’s appendix, or whatever the surgeon removed, was sent to pathology following its extraction. The hospital knew that the man’s appendix was still in him, but it never told him, nor did it tell him that a yellowish mass had been removed from his body.

30 studies agree: hands-free is just as dangerous as handheld

Published on: April 18, 2014 | By Jeff DeFrancisco

Anyone who drives in Syracuse should know that there is a complete ban in New York on texting while driving, but they might not also realize that there is a ban on using handheld cellphones behind the wheel, too. The reasoning is clear, using a handheld cellphone while driving is dangerous and it really doesn’t matter if it is being used to text, surf the Internet or to talk on the phone. So, what about hands-free cellphones?

The National Safety Council took a public poll and drivers across the country overwhelmingly agreed that hands-free devices were safer than handheld devices. In fact, 80 percent of people thought so. Of those who actually use hands-free devices, 70 percent do so because they believe they are safer. The problem? More than 30 studies have found that hands-free devices are just as dangerous as handsheld devices.

The problem is not so much the looking away from the road to dial (although that is certainly a big distraction), but trying to have a conversation while driving. When people are driving, they need to use their brains to drive, to pay attention to the road and to make the adjustments necessary to stay safe. If they are also trying to hold a conversation, even if it is on a hands-free device, a great deal of brain power is being directed away from driving.

Medical malpractice payouts in New York

Published on: April 18, 2014 | By Jeff DeFrancisco

According to an annual report by Diederich Healthcare, total medical malpractice payouts in the state of New York amounted to roughly $39 per capita in both 2012 and 2013. That is the highest per capita rate in the nation—fifty percent higher than any other state. Given this information, one might be tempted to conclude that it is relatively easy to obtain compensation for medical malpractice in New York, but that would be a hasty conclusion.

First off, keep in mind that it is often difficult for those who have been legitimately harmed by medical negligence to find an advocate to represent them. Much of the reason for this is economic—medical malpractice attorneys are often leery of taking cases that don’t promise a significant payout because the cost of going to trial is so great.

Those who can find a good attorney to represent them should keep in mind, though, that taking a case to trial is not necessary the best way to obtain compensation. This is because the majority of medical malpractice payouts do not come through litigation. Most of the time—96 percent of the time in 2013—such payouts happen as the result of a settlement.

Learning from years of mistakes

Published on: April 10, 2014 | By Jeff DeFrancisco

According to the Centers for Disease Control and Prevention, the number of hospital-acquired infections is down. Though there may be other explanations as to why the rate of hospital infections has fallen since 2002, it would appear that hospitals are trying to avoid some of the problems of years past. Hospitals should certainly be commended for reducing their rate of illness, but there were still an estimated 722,000 hospital infections in 2011 alone.

Hospital negligence is often a cause of hospital-acquired infections. In some cases, hospitals fail to properly sanitize rooms for new patients, they allow doctors and nurses to wear clothing that has a high risk of transferring germs, or rules regarding hand washing are not thoroughly enforced. When it is clear that a hospital is to blame for a patient’s illness, it is often the hospital that becomes the subject of a medical malpractice lawsuit.

While the drop in the rate of hospital infections is commendable, there is also concern that the rate was compiled from hospital data alone, despite the fact that more than half of patients undergoing an operation have it done at an outpatient surgical center. In addition, much of the transitional and recovery care is done at nursing homes. Without including infection statistics at these types of facilities, the CDC’s approximate rate of infection may not accurately reflect the current state of medicine.

Woman attacked by friend’s dog, wins premises liability lawsuit

Published on: April 8, 2014 | By Jeff DeFrancisco

Although many people in Oneida may believe they could never file a lawsuit against a friend, when a friend’s negligence causes serious injuries, they may change their minds. Of course no one wants to ruin a friendship, but when someone is facing numerous medical bills, missed work and a seriously upturned life, an individual may need to make a difficult choice. When injured in a friend’s home, consulting a premises liability lawyer first could help to determine whether a lawsuit is even possible.

Sadly, when it does come to a lawsuit, some friendships will be destroyed, much like one out-of-state woman’s following a dog attack. Nearly two years ago, she was visiting friends when their dog ran into the room and bit her leg. The dog caused serious damage and would not let go of the woman’s thigh for several minutes.

Since the attack, the woman has undergone numerous surgeries, including some to remove muscle that had been infected with methicillin-resistant Staphylococcus aureus bacteria. She can no longer work as a nursing assistant, as she cannot perform the heavy lifting required of her position. So, on top of the numerous medical bills, she is having difficulty earning the money to pay them.

9 people will die from texting while driving today

Published on: March 19, 2014 | By Jeff DeFrancisco

Most of us in Oneida realize that distracted driving is a problem. We have seen the commercials, heard the news reports and seen celebrities plead with us not to text while driving and, fortunately, most of us have listened. Unfortunately, those that haven’t are putting people at serious risk of injury and death. Though New York has outlawed texting while driving, there are many accidents that likely can be linked to distracted driving.

According to the Centers for Disease Control and Prevention, nine people will die every day from distracted driving. Moreover, 1,060 people will be hurt. These statistics are nationwide and they aren’t just citing texting behind the wheel, but that doesn’t make the figures any less staggering. In 2011 alone, 3,331 people died in distracted driving accidents.

Although some of the people killed in these accidents are the distracted drivers themselves, there are a number of people who were just innocent victims in the wrong place at the wrong time. This is hardly consolation to the families, however, and many of the surviving relatives want to hold distracted drivers responsible via wrongful death lawsuits. Not only does a lawsuit give the clear message that distracted driving is wrong, but it also helps compensate the families for the financial burden that comes along with a wrongful death.

Pharmacy sends wrong medicine home and seriously injures child

Published on: March 13, 2014 | By Jeff DeFrancisco

Even though doctors still “write prescriptions” they generally don’t give patients in Syracuse a written prescription from the prescription pad anymore. Rather, they send the information to the pharmacy, whether that is the pharmacy in the hospital, the doctor’s office or just down the street. Once it is at the pharmacy, the patient will pick it up and take the medicine according to the doctor’s directions. What happens, however, when the pharmacy makes a medication error?

One family is learning that a medication error can be quite serious after a 5-year-old was given a drug meant for an adult. The Illinois family had thought they were giving their son some medicine for allergies that they had picked up from a pharmacy two years ago, but it was actually a powerful antipsychotic drug meant for an adult with the same name as the boy. While he is fortunate to be alive, the boy’s parents are filing a lawsuit against the pharmacy.

Not only was the boy given the powerful Haloperidol, but the dose that his parents had given him, which would have been fine if it had been allergy medicine, was dangerously high. After taking the medicine, the boy slept for nearly two days, only to wake up and have a neck flare. Once that subsided, he fainted and was taken to a doctor and then the hospital.

Reducing speed should reduce the number of pedestrian deaths

Published on: March 11, 2014 | By Jeff DeFrancisco

Whether it is to better one’s health, to enjoy nice weather or just to reduce the cost of transportation, there are a number of people in Herkimer County and across upstate New York who are choosing to walk instead of drive. It is undeniable that there are benefits to walking, but there are also risks, too. Pedestrian accidents can be serious and sometimes fatal. Moreover, drivers don’t always pay attention to pedestrians, which puts them in even greater risk of danger.

There are a number of safety campaigns in place around the country to lower the risk of pedestrian accidents, but the number of pedestrian fatalities has actually risen since 2009. It appears, however, that the first half of 2013 actually had fewer fatal pedestrian crashes than the first six months of 2012, a first since 2009.

What is truly important when talking about pedestrian safety, however, is reducing drivers’ speed. The faster a car is traveling at the time of impact, the higher the risk of severe injury or death. According to the former chief scientist for the Insurance Institute for Highway Safety, when someone is hit by a car that is going faster than 20 mph, the impact is more likely to be fatal.

Are tired truckers causing serious accidents?

Published on: March 4, 2014 | By Jeff DeFrancisco

Most people in Utica don’t show up to work exhausted. There may be days here and there where someone will be a bit tired, but as the day progresses, he or she will find the energy to get through the day. Even for those people who are exhausted, their work is such that even if they dozed off on the job, they wouldn’t maim or kill anyone. For truck drivers, however, the story is quite different.

Just look at the news once in a while for the number of serious car accidents in upstate New York and imagine just how much more damage a semitrailer truck could cause if it smashed into a car. Truck accidents can cause severe and sometimes fatal injuries, so it is important that truck drivers do whatever they can to be awake, alert and focused while on the road. Even a bit of fatigue could be enough to cause a massive crash.

Fortunately, however, the federal government has changed the safety regulations governing truck drivers. While truckers will still be getting approximately 34 hours off every seven or eight days, the way in which they take that 34-hour break will be quite different. Previously, a driver could pull in a 5 a.m. and spend 34-hours resting, but because he or she would arrive home in the early morning, he or she would really only have one full night of sleep. With these new rules, drivers must have two night periods off, defined as 1 a.m. to 5 a.m.

Are the risks of surgery always worth it?

Published on: February 27, 2014 | By Jeff DeFrancisco

When someone goes to the doctor in Binghamton and is told he or she has cancer, his or her first thought is likely about how to treat it. While treating cancer seems like the obvious choice, there are some within the medical field who believe that treatment, or at least aggressive treatment may not always be the best choice, especially if the treatment requires surgery. There are always going to be risks associated with surgery, so it may be best, in some situations to opt for monitoring of cancer instead of a surgical fix.

One of the best cases for this option is thyroid cancer. There are a number of different kinds of thyroid cancers, some of which involve tumors that are so slow moving that they will never be deadly. Instead of having the thyroid gland removed and having to take hormone pills for life, some doctors recommend monitoring the condition and taking action if the need arises. After all, if the cancer is slow moving, it may be better not to risk a surgical error for a cancer that may never have a negative impact on a person’s life.

At the same time, if someone chooses not to treat a cancer, his or her doctors must then constantly monitor the patient’s condition. It may not take long for a cancer to progress. Failing to monitor the patient’s condition could also be a form of medical malpractice.