Syracuse Personal Injury Law Blog

Published on: November 30, 2018

Bicyclist Seriously Hurt After Being Struck by Private Garbage Truck in Midtown

Garbage trucks accidents, whether publicly or privately operated, can lead to devastating harm. If you’ve sustained injuries or your loved one has died in an accident involving a garbage truck, you need to consult a seasoned Syracuse personal injury attorney who can help you make sense of what happened. At DeFrancisco & Falgiatano Personal Injury Lawyers, we are committed to helping our clients recover the damages award they need to move on with their life.

A private sanitation truck ploughed into a bicyclist in Midtown last month. The 43-year-old bicyclist was traveling southbound when the truck sideswiped the bicycle late into the evening. The bicyclist was rushed to a nearby hospital and was in critical, but stable condition. In other words, the injuries were not life threatening. The driver remained at the scene of the wreck and made no attempt to flee. Private garbage trucks in New York have been responsible for 20 fatalties since 2016. Given how often these trucks are involved in serious and even deadly accidents, the state has been cracking down on these vehicles.

Liability for a Garbage Truck Accident

Published on: November 23, 2018

Van Hits Seven Pedestrians, Kills One in Manhattan

by Jeff DeFrancisco

If you have lost a loved one in an unexpected accident, you may be able to sue the at-fault party for compensation. While no amount of money can undo the pain of losing someone close to you, making a financial recovery can help you deal with the expenses that often arise in such situations. At DeFrancisco & Falgiatano Personal Injury Lawyers, our experienced Syracuse wrongful death attorneys are committed to compassionately helping families obtain the legal help they need.

A driver attempting to park a minivan in Manhattan’s busy Chinatown went over a curb and onto a sidewalk earlier this week, killing a 56-year-old man and injuring six others, according to law enforcement. At least two of the injured victims were in critical condition while two others had injuries that were severe but not life threatening. Unconfirmed reports suggested that the wreck was unintentional as the driver was trying to parallel park but hit the wrong pedal. The driver of the vehicle, who is 70 years of age, stayed at the scene of the accident. He also suffered injuries but refused medical attention.

Wrongful Death Claims in New York

Published on: November 16, 2018

Errors in Medical Records Can Lead to Malpractice Claim

by Jeff DeFrancisco

Accurate and complete medical records are critical to providing safe and proper medical care to patients. If you suspect that your medical injury was the result of an error or omission in your medical record, you need to contact a skilled Syracuse medical malpractice attorney as quickly as possible. At DeFrancisco & Falgiatano Personal Injury Lawyers, we will critically evaluate the circumstances of your case to determine if malpractice occurred as well as your eligibility for compensation.

Errors in Medical Records

When an elderly couple moved to the other side of the country, they brought their medical files with them in a few cardboard folders. Within two days after the move, the man fell and went to a hospital for an assessment. While waiting to see a doctor, the man looked through the folder and realized that there were extensive notes on another patient with the same name. That patient to whom the file rightfully belonged had much more serious and complex health problems than the man who had possession of the file.

Published on: November 9, 2018

Syracuse Medical Spa Malpractice

by Jeff DeFrancisco

Medical spas are more popular than ever both in New York and across the country. If you have been injured at a medical spa, you may be eligible to recover compensation for the harm you suffered. At DeFrancisco & Falgiatano Personal Injury Lawyers, our hard-working Syracuse medical malpractice attorneys have knowledge in this area of law and can make a determination about the viability of your claim. If we take on your case, you can be confident knowing that we will vigorously advocate for your rights throughout the entire legal process.

Medical Spas

Medical spas are unique in that they try to combine the classic spa elements with medical procedures to leave people looking and feeling their best. In short, these facilities try to rejuvenate the patient. Med spas typically offer a wide range of medical procedures such as facials, facial peels, laser hair removal, Botox injections and sometimes plastic surgeries.

Sadly, while med spas aim to make people feel refreshed, they may injure customers due to careless or unsafe practices within the facility. When medical spas do not adhere to proper safety standards or are careless when performing procedures, customers can suffer scarring, disfigurement and even result in life-threatening conditions. In the most serious cases, medical spa errors can lead to death.

Published on: November 2, 2018

Deceased Woman’s Estate Wins Millions for Botched Surgery in New York

by Jeff DeFrancisco

Surgeons have an obligation to use the utmost care when performing a procedure. Sadly, this does not always happen. If you or a loved one has suffered injury due to a surgeon’s carelessness, error or misconduct, our trusted Syracuse surgical malpractice attorneys can help you seek the justice and compensation you deserve. At DeFrancisco & Falgiatano Personal Injury Lawyers, we are dedicated to helping victims of medical malpractice throughout New York.

A New Jersey woman checked into NYU Langone Hospital in November of 2011 for the removal of a benign polyp on her colon. During the surgery, the surgeon allegedly failed to notice that he had burned part of the patient’s small bowel, according to the plaintiff’s lawyer. The patient was in excruciating pain after the surgery. Despite this level of pain, it took the surgeon four days to order a CAT scan, which showed a severe infection. By the time the doctors went back in to operate, the patient was in septic shock and subsequently died. The woman’s family sued the doctor, and a Manhattan jury awarded the family $13 million.

Establishing Surgical Malpractice

Just like any other type of malpractice case, establishing surgical malpractice can be complicated. However, that does not mean you shouldn’t try, it just means you should have an experienced lawyer on your side who understand how to navigate this task. In New York, to prove surgical malpractice, you must show that there was a departure, on the part of the surgeon, from the recognized standard of care and that the patient’s injury or death was directly caused by the surgeon’s conduct. In short, the plaintiff must show that the doctor did something or did not do something that he or she was supposed to do, thereby injuring the patient. In the aforementioned case, the doctor was said to have burned a part of the patient’s small bowel and did not notice. This was considered a deviation from the recognized standard of care and a direct cause of the patient’s death, which is why he was found liable for malpractice.

Published on: October 25, 2018

Malpractice Related to Peptic Ulcers in Syracuse

by Jeff DeFrancisco

Peptic ulcers can be painful and cause serious discomfort for a patient. If you or a loved one has suffered an injury related to the diagnosis or treatment of a peptic ulcer, you may be able to recover damages through a medical malpractice claim. At our firm, we believe that medical professionals should provide competent care to each and every patient. When this does not happen and you suffer harm, we will help you hold the negligent medical professional accountable.

What is a Peptic Ulcer?

Peptic ulcers, also known as stomach ulcers, are quite common and affect approximately 4 million Americans every year. A peptic ulcer is a lesion of the digestive tract, generally in the stomach or duodenum caused by the digestive action of pepsin and stomach acid. In other words, peptic ulcers refer to open sores that grow on the inner lining of your stomach and the upper part of your small intestine. The most common symptom associated with peptic ulcers is stomach pain associated with indigestion and gas.

A perforated ulcer occurs when an ulcer is untreated and burns past the wall of the stomach or other parts of the gastrointestinal tract, permitting digestive fluids and acid to spill into the abdominal cavity. The first symptom of a perforated peptic ulcer is typically an abrupt, serious, sharp pain in the stomach. A perforated ulcer will typically require immediate surgery.

Published on: October 21, 2018

Family of Patient who Committed Suicide Wins Medical Malpractice Claim

by Jeff DeFrancisco

A medical professional should never take mental illness lightly as it can lead to serious consequences such as suicide. A physician who fails to follow proper protocol to prevent a suicide may be liable for medical malpractice under New York law. If your loved one committed suicide and you believe it could have been prevented by a medical professional, you need to contact one of our reputable and hard-working Syracuse medical malpractice attorneys.

A Staten Island jury has awarded almost $10 million to the family of a man who took his own life six years ago after a doctor allegedly did not properly identify and treat his severe depression and anxiety. The patient had told the physician of his intensifying symptoms of panic attacks, depression, fatigue, extreme worry, concentration issues and weight loss getting worse in the days leading up to the suicide. According to the patient’s family, however, the doctor failed to recognize the patient’s condition was dire and did not properly assess the situation, which ultimately led to the patient’s suicide. The jury award was for the patient’s son and daughter’s loss of parental care and guidance, pain and suffering and lost earnings and benefits.

Medical Malpractice and Suicide

Medical professionals are trained to recognize warning signs associated with suicidal inclinations. In some cases, the patient has actually stated that he or she is feeling suicidal. When these signs are present, medical professionals are required to act in any way needed to avert the patient from harming him or herself. When a medical professional fails to act in a manner that would prevent the individual from harming him or herself, that medical professional may be liable for medical malpractice.

Published on: October 17, 2018

Migraines/Headaches and Medical Malpractice in Syracuse

by Jeff DeFrancisco

Anyone who suffers from migraines knows just how debilitating they can be. These headaches can sometimes hinder a person’s ability to carry out even the most basic day-to-day tasks. If you or a family member has suffered an injury because of a medical professional’s failure to treat a migraine properly, you should contact our skilled Syracuse medical negligence advocates without delay. We will examine your situation and determine whether improper medical care played a role in your harm.

What is a Migraine?

A migraine is a primary headache disorder characterized by recurrent headaches that can range in severity and pain. A migraine typically lasts from four to 72 hours if it is untreated. These headaches may be rare or take place several times a month. During a migraine, you may experience pain on one or both sides of your head in addition to other symptoms such as nausea, vomiting and sensitivity to light, sound or smell. Migraines may be triggered by a variety of factors, including lack of sleep, changes in the weather, hunger, stress and other factors.

Published on: October 12, 2018

Man Killed in New York Motorcycle-Car Accident

by Jeff DeFrancisco

Motorcycle accidents often lead to death of the motorcyclist. If you have lost a loved one in a motorcycle accident, you may be able to recover damages from the at-fault party through a wrongful death claim. For years, our highly skilled Syracuse motorcycle accident attorneys have been settling and litigating motorcycle injury claims. With vast experience, you can rest assured that we will fervently advocate for your rights every step of the way.

Earlier this week, the New York State Police investigated a deadly accident in which a car allegedly turned left directly into the path of a Harley Davidson. The motorcycle driver was pronounced dead at the scene. The driver of the car was arrested and charged with drunk driving and other traffic offenses. Law enforcement is still collecting information on the accident and requests that anyone who has relevant information reach out to police.

Fatal Motorcycle Accident Statistics

The National Highway Traffic Safety Administration’s 2016 fatal crash data reveals that motorcyclist deaths took place 28 times more often than deaths in other automobiles. The Insurance Institute for Highway Safety found that there were 34,439 fatal motor vehicle crashes in the United States in 2016 in which 37,461 deaths occurred. In New York, there were 965 fatal motorcycle crashes resulting in 1,025 deaths that same year.

Published on: October 5, 2018

20 People Killed in Upstate New York Limo Crash

by Jeff DeFrancisco

Limousine accidents can result in catastrophic, even deadly injuries. If you or somebody you know was hurt in a limousine accident caused by carelessness or negligence, we believe we can help. Our trustworthy Syracuse personal injury attorneys will thoroughly investigate the crash and hold the responsible parties accountable. We know this process sounds daunting but you can trust that we will take care of each and every legal matter in your case so you can focus on your recovery.

Earlier this month, twenty people were killed following a limousine crash in Schoharie, New York. The limousine was headed to a birthday party when it failed to stop at an intersection and struck a parked vehicle. All seventeen passengers in the limo as well as the limo driver died instantly. In addition, two pedestrians near the unoccupied parked car were killed. There are still many unanswered questions about the cause of the crash. One thing is clear, however, the limousine had recently failed state inspection and was not supposed to be on the road at the time of the accident. In addition, the limo driver did not have the appropriate commercial driver’s license to be driving the limousine. As the investigation continues, these factors will undoubtedly be relevant.