Articles Posted in Brain Injury

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The medical condition known as a “stroke” occurs when there is poor blood flow to the brain. Suffering a stroke can result in debilitating personal injuries and even death. High blood pressure is one of the main risk factors for strokes.

If a doctor’s negligence causes a patient to suffer a stroke, the patient may have a claim for medical malpractice. A Syracuse medical negligence attorney can help you review the facts of your case if you believe that you or a loved one may have a malpractice claim against a particular doctor or healthcare provider.

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Tragedy can strike in just a moment. One minute, someone is driving down the road, going in for a routine medical procedure, or even standing in the parking lot of a mall, and the next minute their life is changed forever.

When someone is hurt because of another’s failure to take reasonable care as required by law, the injured individual has a right to seek compensation via a personal injury or negligence lawsuit. While the burden of proof at trial in a Syracuse personal injury case is on the plaintiff, it is quite possible that he or she can be awarded a considerable amount of money in compensation for the injuries suffered due to the defendant’s negligence or carelessness.

Of course, as with any other remedy awarded by a trial court, it is possible that the plaintiff will have to continue the fight in the appellate courts. Defendants may have one or several alleged errors that they believe entitle them to a reversal of the trial court’s entry of judgment on the verdict, a downward adjustment of the verdict, or other relief.

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While mothers and infants generally fare much better during labor and delivery than they did in years past, Syracuse birth injuries still happen regularly. Obstetricians, anesthesiologists, nurses, and others are quick to point out that complications can arise even when healthcare workers “do everything right.”

However, these medical workers are human, and they don’t always “do everything right.” When things go wrong, the costs on the family can be staggering. Medical expenses, lost wage for the parent(s), lost earning potential for the child, and pain and suffering are all damages for which a malpractice victim can be financially compensated by the jury in a medical malpractice case – if the case makes it to trial.

Facts of the Case

In a recent case, the plaintiff was a minor child who was born at the defendant hospital via an emergency cesarean section. The plaintiff’s complaint setting forth a claim for medical malpractice alleged that his birth occurred after a prolonged slowing of his heartbeat during delivery and that he suffered numerous injuries as a result from the defendant’s deviation from the accepted standard of care. The defendant filed a motion for summary judgment, urging the trial court to hold that the plaintiff had failed to provide sufficient evidence to create a genuine issue material fact such that proceeding to trial was necessary.

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In most Syracuse medical malpractice cases, one or more healthcare provider defendants will file what is known as a “motion for summary judgment.” This procedural device may sound harmless enough, but it is often deadly to the plaintiff’s pursuit of fair compensation for an act of medical negligence.

Summary judgment can effectively end a plaintiff’s case as to certain defendants, certain claims, or in its entirety. When a trial court grants such a motion, the court is basically telling the plaintiff that, even if everything he or she says is true, there is no genuine issue of material fact in his or her case and the defendant is entitled to judgment as a matter of law. Fortunately, there is an appellate process for reviewing a trial court’s granting of summary judgment. Many such appeals are successful, giving the plaintiff’s a second chance to have his or her case proceed to a trial on the merits.

Facts of the Case

In a case arising in the Supreme Court of Erie County, the plaintiff was the administratrix of the estate of a man who died from acute respiratory failure following a hypoxic brain injury that occurred as a result of an emergency tracheostomy that was performed when the man returned to the defendant medical center after he had been dismissed earlier in the day when the defendant anesthesiologist and a nurse (who was employed by the medical center) failed in their attempts to intubate the man in preparation for surgery on his shoulder.

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A traumatic brain injury can dramatically alter the lives and families of those affected. If you or a loved one has suffered a traumatic brain injury in an accident that was not your fault, you deserve compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, our seasoned Syracuse brain injury lawyers are committed to helping clients and their families find the resolution they need in their case. We know each case is unique, which is why we offer personalized representation at every step of the way.

Traumatic brain injury (TBI), also known as an intracranial injury, occurs when an external force such as a bump, blow, or jolt to the head injures the brain. TBI typically disrupts the normal function of the brain. Mild TBI may affect the brain cells temporarily, whereas more serious TBI can result in long-term damage or even death.

A variety of accidents can lead to TBI, including but not limited to motor vehicle crashes, slip and falls, sports accidents, construction accidents, defective products, and assaults. According to the Centers for Disease Control and Prevention (CDC), TBI is the leading cause of death and disability among people aged one to 44. CDC data also reveals that almost eight out of 10 TBIs among older adults are caused by a fall. A person who has suffered a TBI is more likely to die from seizures, unintentional drug poisoning, infections, and pneumonia.

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Brain injuries can have devastating consequences for a patient. Unfortunately, brain injuries are sometimes results of a doctor, nurse, or medical staff making a mistake or omitting a necessary step in a procedure. If you or someone close to you has suffered a brain injury due to a medical professional’s negligence, it is important to reach out to a skilled Syracuse brain injury attorney who can assess the merits of your case. At DeFrancisco & Falgiatano Personal Injury Lawyers, we are committed to helping our clients pursue the compensation they deserve for their harm.

A traumatic brain injury (TBI) generally arises from a blow to the head or something entering the skull. These injuries can range from mild to severe. Brain injuries can be extremely serious, and the results can be devastating, including the loss of motor function, life-long health issues, or even death. Unfortunately, brain injuries are more common than you may think. According to the Centers for Disease Control (CDC), TBI affects 1.4 million people annually in the United States. The CDC also reports that more than 50,000 annual deaths occur due to brain injuries each year, and about 280,000 hospitalizations take place due to TBI complications. While TBI can have many causes, one cause is medical malpractice.

Many medical procedures, especially those in which you receive anesthesia, run the risk that you may be deprived of oxygen. When your brain is deprived of oxygen, a brain injury can occur. If you have suffered a brain injury due to a medical professional’s error or carelessness, you may be able to file a medical malpractice claim against the at-fault party. Not every adverse medical outcome is a result of medical malpractice. Instead, medical malpractice occurs when a doctor, nurse, or other health care provider fails to care for a patient in accordance with the accepted standard of care, and the patient is injured as a result. To establish medical malpractice, a plaintiff must demonstrate the following elements:

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If you are dealing with the consequences of suffering a traumatic brain injury, you are one of many New Yorkers facing a long-term recovery. With the right mindset and a commitment to come out on top, you can overcome your injury and excel. At Defrancisco & Falgiatano, LLP, we have helped many people navigate the complexities of brain injuries.

According to Psychology Today, if you are coping with a TBI, you can take several proactive steps to expedite your recovery and encourage long-term progress. These include the following:

  • Break tasks into sections: If you have seemingly large tasks to complete, break each one down into smaller sections. Doing so will make things more manageable and will empower your self-confidence as each portion is successfully completed.
  • Use repetition: Repetition is an incredibly effective way to re-train your brain to function the way it used to. For example, ask people to repeat what they have said, repeat names of people you want to remember and repeat directions to locations you visit frequently.
  • Watch for signs of exhaustion: As you recover, tasks that used to be simple and effortless may require more time and energy to complete. Do not get discouraged with yourself as you relearn certain things, and as soon as you sense yourself getting overwhelmed, stop and take a break.
  • Exercise and complete therapy: Chances are, your health care provider will give you specific exercises to incorporate into your therapy. It is imperative that you complete these and other general exercises to help strengthen your body and encourage growth and healing.

Do your best to take good care of yourself by getting enough rest and eating right. Through your vigilance, you can encourage your body to make progress at a faster rate. For more information about head injuries, visit our web page. 

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Soldiers across New York and the United States hold inherently dangerous jobs, and new concerns are being raised about your risk of suffering a brain injury due to repeated use of certain heavy military weapons.  According to NPR, the military began having its soldiers wear sensors known as blast gauges to get a better sense of how you may be affected by your surroundings while in battle, but that the sensors are no longer widely used.

Initially intended to assess the effects of being near roadside bombs, the sensors indicated that certain weapons, such as the Carl Gustaf, a bazooka-like rifle, also resulted in considerable blast exposure to the person firing it. When you fire this particular weapon, it redirects a sharp burst of hot gas backward, which is why soldiers are supposed to be trained to stand on the side of the weapon before using it.

A study conducted last year as part of a five-year Office of Naval Research endeavor already revealed that your use of certain heavy military weapons can affect your memory and your ability to learn and retain new information. As a result, some legislators are pushing for additional research to determine whether long-term brain injuries are also related to repeated use of heavy weaponry.

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Sustaining a brain injury is widely considered to be a catastrophic outcome, if not fatal in the U.S. Mainly arising from various forms of accidents, sustaining a brain injury can adversely affect your life in a variety of ways. In a nutshell, a Brain injury refers to a range of head trauma, from minor concussions to damaged brain tissues caused by a damaging blow to the skull. Whether it’s a sharp or blunt object, you might want to seek medical immediately. As a potential victim, it is advisable to exercise vigilance on the following symptoms:

  • Confusion
  • Dizziness
  • Headaches
  • Personality changes
  • Memory loss

Sustaining a brain injury courtesy of negligence from a car driver is surely guaranteed to adversely alter your life. Apart from the possibility of permanent disability, seeking accident compensation and footing medical expenses can be a tall order, to say the least. In most cases, rehabilitation can be a daunting task especially in the absence of medical support to aid you in the process. Unlike other medical conditions, a brain injury can be quite challenging to analyze effectively. Fortunately, the presence of imaging tests, the Glasgow Coma Scale Test and proficiency from qualified specialists should be enough to diagnose such conditions efficiently.

Brain injuries are mainly manifested in two forms; they are either closed or open. The latter relates to bruises related to skull fracturing mostly due to accidents leading to direct contact with a hard surface. The former mainly revolves around incidents of swelling which ultimately result in blood clots. Whether open or closed, a brain injury should be taken seriously and immediate medical attention can spell the difference between life and death. A brain injury doesn’t necessarily arise from a high-speed object. It could simply be the product of a sudden fall on a hard surface.

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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.

As a TBI sufferer, you may also find that your memory and ability to concentrate also take hits. It is common to have trouble staying focused on lengthy conversations or finishing tasks after they are started, and you may also find that your attention is easily pulled in several different directions at once. This inability to fully concentrate can also make it harder for you to process information as you typically would, which may make it hard for you to keep up with conversations, television show plots, material you read and so on.

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