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Syracuse Personal Injury Law Blog

Published on: March 14, 2023

What Are Hospital-Acquired Infections?

by Jeff DeFrancisco

Patients visit a hospital when they’re sick and need treatment to get better. Unfortunately, that doesn’t always happen. Sometimes a person is admitted to a hospital only to find that they contract another illness. Unfortunately, around 1.7 million patients get infections at the hospital on an annual basis, according to the Centers for Disease Control and Prevention. These infections are called “hospital-acquired” infections (HAI). These infections can result in sepsis, organ failure, and even death for the patient. It’s sometimes challenging to determine liability after a patient has developed a hospital-acquired infection. Many times, the hospital staff did nothing to contribute to the infection. Sometimes, infections can be caused by a natural reaction to a surgical procedure. This isn’t always the case though. In some cases, hospital-acquired infections are caused by negligent practices by healthcare professionals. This may be when medical negligence is the cause that gives rise to a medical malpractice claim.

Hospital-acquired infections are common, and when treated properly and quickly, they may not be all that dangerous to a patient. But when an infection goes undiagnosed or untreated for too long, conditions like sepsis and septic shock can occur. That’s a big reason why hospitals and other healthcare facilities follow stringent protocols when it comes to the sterility and cleanliness of the treatment environment and why failure to follow safe practices can lead to a medical malpractice case when a patient suffers infection-related harm. The experienced Syracuse medical malpractice attorneys of DeFrancisco & Falgiatano may be able to help.

Many kinds of bacteria and infections are found in cases of hospital negligence. Some of the most common types include:

Published on: March 8, 2023

Basic Personal Injury Law

by Jeff DeFrancisco

Personal injury law covers a wide variety of cases that involve injuries caused by another person or party. A personal injury claim is brought against someone whose negligence caused you harm. Common examples include vehicle accidents, slip and fall cases, dog bites, and medical malpractice. Personal injury laws allow victims to seek compensation for their injuries and damages. Most personal injury claims are based on the legal theory of negligence. Negligence is the failure to exercise the same level of care that a person of reasonable prudence would use in the same or similar situation. It is always best to consult with an experienced Syracuse personal injury lawyer as soon as possible to ensure your rights are protected.

Personal injury claims are numerous, there are millions of injuries every year. A personal injury claim will detail a victim’s claims against someone and the damages they are demanding. These cases often involve a lengthy legal process in addition to any recovery from injury. Many of these cases end in settlement, while others end up going to trial before a jury. Before you can recover compensation for an accident claim, you must prove each of the elements of a negligence claim:

The other party owed a duty of care to you.

Published on: December 30, 2022

New York Court Explains the Distinction Between Medical Malpractice and Ordinary Negligence

by Jeff DeFrancisco

Medical malpractice claims typically sound in negligence. There is a difference between ordinary negligence and negligent acts committed in the course of offering medical care, though, and the failure to recognize the distinction prior to instituting a lawsuit can have negative consequences. For example, in a recent New York case, a court dismissed the plaintiff’s lawsuit against a physician on the grounds that the statute of limitations for medical malpractice claims, rather than the statute of limitations for negligence claims, applied and operated to bar the plaintiff’s claims. If you were hurt by incompetent medical care, you could be owed compensation, and you should speak to a Syracuse medical malpractice attorney.

The Plaintiff’s Harm

It is alleged that the plaintiff was a patient of the defendant’s allergy practice. During a treatment visit, one of the defendant’s employees injected the plaintiff with an allergy shot intended for another patient. The plaintiff later commenced a lawsuit against the defendant, alleging that she suffered personal injuries due to the error.

Reportedly, after discovery, the defendant moved for summary judgment on the grounds that the plaintiff’s claims were not filed within two years and six months of her harm, as demanded by the statute of limitations. The plaintiff argued that her claims sounded in ordinary negligence and not medical malpractice. The court granted the defendant’s motion and the plaintiff appealed. Continue reading

Published on: December 23, 2022

New York Court Explains What Evidence Is Needed to Prove a Doctor’s Negligence Caused a Patient’s Harm

by Jeff DeFrancisco

Breast cancer is a devastating illness that impacts many women. As such, it is recommended that women undergo regular breast cancer screenings. Even if a woman submits to such tests, they may nonetheless develop cancer. Whether a doctor’s failure to conduct more frequent screenings to prevent cancer from progressing constitutes malpractice, however, depends on the facts of the case. This was illustrated recently in a New York matter in which the court dismissed the plaintiff’s claims on the grounds that she could not establish that her harm arose out of the defendant’s negligence. If you were injured by medical errors, you have the right to pursue claims against your doctor, and it is wise to meet with a Syracuse medical malpractice attorney.

History of the Case

It is reported that the plaintiff treated with the defendant gynecologist, who referred her for a screening mammogram in 2015. The radiologist that interpreted her mammogram recommended an ultrasound as well. The defendant discussed the recommendation with the plaintiff and advised her that he agreed.

Allegedly, the plaintiff underwent an ultrasound and a diagnostic mammogram, the results of which were probably benign and benign, respectively. It was recommended that she follow up in six to twelve months. In June 2106, she visited a breast surgeon due to pain and swelling and was diagnosed with stage II breast cancer. She then filed a medical malpractice lawsuit against the defendant. The defendant moved for summary judgment, and the trial court granted his motion. The plaintiff appealed. Continue reading

Published on: December 18, 2022

New York Court Discusses the Serious Injury Threshold in Car Accident Cases

by Jeff DeFrancisco

People hurt in motor vehicle collisions will often endure significant emotional and physical pain and psychological trauma. As such, they will frequently pursue civil claims against the parties responsible for their harm in an effort to recoup compensation for their losses. Pursuant to New York law, however, a plaintiff in a car accident case can generally only recover compensation for their noneconomic harm if they can demonstrate they suffered a serious injury. Recently, a New York court examined the serious injury threshold in a matter in which it ultimately determined that the plaintiff set forth sufficient evidence to meet the threshold. If you were injured in a car accident, you might be able to recover compensation, and it is prudent to speak to a Syracuse personal injury attorney as soon as possible.

Facts of the Case

It is alleged that the plaintiff was riding as a passenger on a bus owned by the defendant company when it collided with a taxi operated by the defendant driver. The accident occurred after the defendant driver cut off the bus and then attempted to shift into another lane. The plaintiff suffered injuries to her right hand in the accident.

Reportedly, the plaintiff subsequently filed a lawsuit against the defendants, seeking compensation for her harm. The defendants moved to dismiss the plaintiff’s complaint on the grounds that she failed to meet New York’s serious injury threshold as required to recover damages. The trial court denied the motions, and the defendants appealed. Continue reading

Published on: December 15, 2022

New York Court Examines Federal Jurisdiction Over Medical Malpractice Claims

by Jeff DeFrancisco

A plaintiff that wishes to pursue medical malpractice claims generally has the right to determine where to file their case. There are limitations to this general right, however. Specifically, the court must have the authority to exercise jurisdiction over a medical malpractice case, and if it does not, the case must be dismissed. This was illustrated recently when a New York federal district court dismissed a plaintiff’s medical malpractice case due to lack of subject matter jurisdiction. If you were hurt by the negligence of your healthcare provider, it is wise to talk to a Syracuse medical malpractice attorney to determine if you may be able to pursue a claim for damages.

Facts and Procedure of the Case

It is alleged that the plaintiff visited the emergency room of the defendant’s medical center with pain in his ribs and lacerations on his head. The physicians at the defendant’s medical center took x-rays of the plaintiff’s chest, gave him stitches, and discharged him. Three days later, he visited the emergency department of another hospital with ongoing complaints of chest pain; the doctors at the second hospital diagnosed the plaintiff with three rib fractures.

It is reported that the plaintiff subsequently filed a lawsuit against the defendant in federal court, arguing that it was liable for medical malpractice for failing to diagnose his fractures. He then moved to proceed in forma pauperis. Continue reading

Published on: December 12, 2022

Court Analyzes Proof of Damages in a New York Car Accident Case

by Jeff DeFrancisco

People involved in car crashes will often pursue claims from the parties they deem responsible for the collision. In order to recover damages, though, a plaintiff in a car accident case must not only demonstrate fault for the crash, but they must also show that the crash proximately caused them to suffer actual losses. If they cannot establish both liability and damages, they may be denied compensation, as demonstrated in a recent New York ruling issued in a car accident case. If you were injured in a collision, you should meet with a Syracuse personal injury attorney to discuss what evidence you must produce to obtain a favorable outcome.

The History of the Case

It is alleged that the plaintiff was driving a vehicle when he was struck from behind by a truck owned by the defendant postal service and operated by one of its drivers. The plaintiff subsequently commenced a personal injury lawsuit against the defendant, alleging that the accident caused him to suffer significant harm. The case proceeded to a bench trial, after which the judge issued a verdict in favor of the defendant on the grounds that the plaintiff failed to show that his injuries were caused by the accident. The plaintiff appealed.

Establishing Damages in a Car Accident case

On appeal, the court affirmed the trial court ruling. It explained that it reviews a district court’s ruling that was the subject of an appeal for clear error and examines its legal conclusions de novo. Pursuant to the clear error standard, there is a strong presumption that the trial court’s findings are fact and should be upheld, and the presumption will not be disturbed absent a firm and definite conviction that the court has made a mistake. Continue reading

Published on: December 10, 2022

New York Court Examines Requirements for Pursuing Medical Malpractice Claims Against Federal Employees

by Jeff DeFrancisco

The federal government funds many medical facilities in New York; as such, the healthcare providers that work in such facilities are often considered federal employees. Whether a physician works for a private or public corporation matters, in part, if the physician engages in behavior that constitutes malpractice, as it impacts how a plaintiff must pursue claims against them. This was demonstrated recently in a New York medical malpractice case in which the court dismissed the plaintiff’s lawsuit on the grounds that she failed to exhaust her administrative remedies prior to pursuing claims against the defendant. If you suffered harm because of a doctor’s carelessness, it is advisable to consult a Syracuse medical malpractice lawyer to discuss your possible remedies.

Procedural Background of the Case

It is alleged that the plaintiff treated with the defendant doctor during her pregnancy. Tragically, the plaintiff’s son suffered injuries at birth, including brain damage, cerebral palsy, seizures, and the inability to walk. The plaintiff attributed the infant’s injuries to the defendant’s failure to perform an emergency C-section. During the relevant period, the defendant worked for a health center that received federal funding.

Reportedly, approximately two years after the infant’s birth, the plaintiff submitted an administrative claim to the Department of Health and Human Services (HHS). Six weeks later, she instituted a medical malpractice claim against the defendant in state court. HHS did not issue a written determination regarding the claim at that time. The United States removed the case to federal court. It then moved to substitute itself as a defendant and dismiss the plaintiff’s complaint due to her failure to exhaust her administrative remedies. Continue reading

Published on: December 5, 2022

New York Court Discusses Statutes of Limitations for Medical Malpractice and Wrongful Death Claims

by Jeff DeFrancisco

People that suffer losses due to medical malpractice have the right to pursue claims against the healthcare providers responsible for their harm. They must file any claims within the applicable statute of limitations, though; otherwise, they might waive the right to recover damages. While the courts strictly construe statutes of limitations, when a cause of action begins to accrue will vary depending on the facts of the case. Recently, a New York court discussed the statute of limitations imposed on a plaintiff pursuing medical malpractice and wrongful death claims in a case in which the plaintiff sought reversal of the dismissal of her claims. If you suffered harm because of the negligence of a doctor, it is in your best interest to meet with a Syracuse medical malpractice attorney to determine your possible claims.

Procedural Background of the Case

It is alleged that the decedent died of liver cancer in 2013. Prior to his death, he treated with the defendant primary care physician, the defendant oncologist, and the defendant radiologist. Slightly less than two years after the decedent’s death, the plaintiff commenced a lawsuit against the defendants, asserting wrongful death and medical malpractice claims. Following discovery, the defendants each moved for dismissal via summary judgment on the grounds that the claims against them were barred by the applicable statute of limitations. The trial court granted the motions and the plaintiff appealed.

Statutes of Limitations for Medical Malpractice and Wrongful Death Claims

On appeal, the court affirmed the trial court ruling as to the plaintiff’s medical malpractice claims but reversed it with regard to the wrongful death claims. The court explained that pursuant to New York law, medical malpractice claims must be brought within two years and six months of the harmful act or omission, or if there is continuous treatment for an injury or illness, within two years and six months of the last treatment. Continue reading

Published on: November 30, 2022

Court Examines Proximate Cause in New York Car Accident Cases

by Jeff DeFrancisco

When multi-vehicle collisions occur, there is often more than one party at fault. As such, people injured in such accidents will often name multiple parties as defendants. Simply because one defendant bears a portion of responsibility for a car crash does not mean that the other defendants cannot be deemed liable as well, as noted in an opinion recently issued by a New York court in a car accident case. If you sustained injuries in a crash involving several vehicles, it is wise to confer with a Syracuse personal injury lawyer regarding your rights.

Facts and Procedure

It is reported that the plaintiff was driving on a New York parkway when she was involved in an accident with two other vehicles. She suffered injuries in the crash and subsequently filed a personal injury lawsuit against the drivers of the other cars. One of the defendants moved for summary judgment, asking the court to dismiss the claims against her. The court granted her motion, and the plaintiff appealed.

Proximate Cause in Car Accident Cases

On appeal, the court reversed the trial court ruling. The court explained that a defendant seeking summary judgment on a negligence claim arising out of a car crash bears the burden of proving, prima facie, that they were not at fault for the accident occurring. Continue reading