DeFrancisco & Falgiatano Law Firm
Call now for a Free consultation
315-479-9000
VIEW OUR PRACTICE AREAS

Syracuse Personal Injury Law Blog

Determining the Guilty Party Responsible For Birth Injuries

It is widely known that a negligent doctor ultimately takes the fall in case of a birth injury attributed to medical malpractice. In actual sense, both the hospital management and nurses can be held accountable in case complications arise during the delivery process of a newborn child.

Since the hospital management is responsible for the hiring of new staff, it is in their best interests to adhere to strict regulations regarding verified credentials, training, verification and education of new and existing employees. The absence of such prudent requirements can inexplicably lead to medical malpractice with a birth injury the worst case scenario. To aggravate the situation, certain hospitals opt to hire unqualified workers, yet they can abruptly affect the hospital's reputation sooner rather than later. Hospitals dedicated to effective service delivery should possess adequate staff, comprising of doctors, nurses and cleaners at all times to accommodate the regular influx of patients.

Who is liable for your injuries in a driverless car accident?

Under traditional tort theory, the operator of a vehicle is the primary person responsible for the accident (unless he can overcome the presumption by implicating another party, such as a negligent mechanic). Driverless cars challenge this fundamental aspect of American tort theory and leaves this crucial question, if you are hit who is liable? How do you recover for your injuries? Are you left in legal limbo? This post will go over the answers to those questions.

 

Cognitive issues associated with brain injury

If you are in an accident in New York or otherwise suffer a serious blow to the head, you or your physicians may be concerned with whether you also suffered a traumatic brain injury. TBIs are frequently linked to cognitive problems, and these problems can be relatively minor in nature and improve over time, or they might be far more serious, and leave you with permanent medical issues that require considerable long-term care. At DeFrancisco & Falgiatano, we understand the devastating effects of TBIs, and we have assisted many brain injury sufferers who have developed limitations as a result of their injuries.

Among the cognitive issues you may experience following your brain injury is trouble communicating your feelings, needs and wants. Many who suffer a serious blow to the head find that they struggle to communicate in the manner in which they are accustomed. It is also common to have trouble formulating sentences, expressing thoughts and interpreting the communications of others.

The many causes of commercial construction worker injuries

Are you employed as a commercial construction worker? Do you enjoy your job? Do you also realize that you could be injured at any point?

As a commercial construction worker, it's a must that you do whatever you can to avoid trouble on the job. You should also expect your employer to take steps to prevent an accident.

Coping with a spinal cord injury

An accident that results in a spinal injury is often a life-changing event. The change from being a healthy and active adult to suddenly having a disability can leave a person scared, confused and depressed. Regaining a semblance of normalcy is a very difficult process that can take months or years of therapies. This type of injury does not mean that you can no longer have a happy and fulfilling life. Coping with a spinal injury requires motivation and support.

If another person's negligence has resulted in a spinal cord injury for you or someone you love, it is important to remember that you have options. An experienced Syracuse injury attorney can help you on the road to recovery after your accident. Here are some tips on coping with a spinal cord injury.

What constitutes hospital negligence?

Many people experience medical malpractice each year, in a number of forms. In 2012, there were $3.6 billion dollars in payout for medical malpractice suits. You or a loved one may have recently been at a hospital and found that your stay wasn?t as peachy as you hoped, leading to questions: What is hospital negligence? What is the hospital liable for? Can I sue? Should I sue?

 

Common forms of defense against medical malpractice claims

Doctors are meant to relieve us of pain and illness not to cause further damage because of negligence. So, it follows that if they do so then they should be held accountable. However, if decent hard working doctors who have done no harm are accused of medical malpractice then they should not suffer. To protect the doctors and medical professionals there are several defenses available that can be used in court.

Upper spine injured in an accident? Prepare for major setbacks

Maybe you were in a car accident, or maybe you fell from a ladder on a construction site. Perhaps your injury occurred incrementally through months or years of repetitive lifting and carrying, and one day you had to pick up something at work and you felt something change suddenly in your upper spine.

There are many ways that your upper spinal injury might occur, but one thing is certain - unless you are very, very fortunate, your life may have changed forever.

Common forms of defense against medical malpractice claims

Doctors are meant to relieve us of pain and illness not to cause further damage because of negligence. So, it follows that if they do so then they should be held accountable. However, if decent hard working doctors who have done no harm are accused of medical malpractice then they should not suffer. To protect the doctors and medical professionals there are several defenses available that can be used in court.

  • Standard negligence defenses. General defenses used against negligence claims can also be used for medical malpractice claims because medical malpractice also comes under the category of negligence.
  • Contributory negligence. In most cases, the blame lies with multiple parties in the case of an injury, not just the doctor or medical professional. If the accused can provide evidence for the contributory negligence of others then they very well may have a concrete defense against a malpractice claim.
  • Respectable Minority Principle. In certain cases where general or mainstream forms of treatment are ineffective or not an option, the doctor or medical professional may opt for a radical form of treatment that may be new, risky and rarely used. If a respectable minority of medical professionals back this form of healing, it could be used as a defense.
  • Good Samaritan laws. Many states have what are called "Good Samaritan" laws, which protect citizens and even medical professionals who help someone in an emergency situation.

Defining wrongful death and its elements

If a baby dies due to the negligence or misconduct of another person, then they may be held responsible by the family through a wrongful death lawsuit. The family is unable to recover their lost child, but they can attempt to recover compensation from the accused in the form of damages.

A wrongful death lawsuit can only be made by the family of the deceased. A wrongful death lawsuit can come about due to a variety of scenarios. Common scenarios that can lead to this lawsuit include:

Honors & Accreditations

Free Case Evaluation Form You will receive a prompt response to your evaluation.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

EMAIL US FOR A RESPONSE

OUR OFFICE LOCATIONS:

East Syracuse Office
6739 Myers Road
East Syracuse, NY 13057

East Syracuse Law Office Map

Oneida Office
312 Broad Street
Oneida, NY 13421

Oneida Law Office Map

Watertown Office
119 Sherman Street
Watertown, NY 13601

Watertown Law Office Map

New Hartford Office
23 Oxford Road
New Hartford, NY 13413

New Hartford Law Office Map

Oswego Office
92 W. 6th Street
Oswego, NY 13126

Oswego Law Office Map

Cortland Office
26 Court Street
Cortland, NY 13045

Cortland Law Office Map

Rochester Office
510 Clinton Square
Rochester, NY 14604

Rochester Law Office Map

Phone: 315-479-9000
Fax: 315-479-9300
Back To Top