Syracuse Personal Injury Law Blog

New York Court Reverses Summary Judgment, Holding that Driver Who Had Right-of-Way Might Still be Partially at Fault in Crash

Published on: February 1, 2019 | By Jeff DeFrancisco

Sometimes, a Syracuse automobile accident case seems very simple at first. If one driver runs a stop sign and causes an accident, that driver – and only that driver – is at fault, right?

Unfortunately, things are not always as they seem, especially when it comes to motor vehicle accident litigation. This is especially true when it comes to multi-car accidents and the resolution of issues pertaining to comparative negligence.

Facts of the Case

In a recent case, the plaintiffs were two individuals who were injured in a multi-vehicle crash. They filed separate lawsuits naming several other drivers as defendants. One driver (and his father, who owned the vehicle he was driving when the accident occurred) filed motions for summary judgment in the plaintiffs’ respective cases. As grounds, they averred that they could not be held liable for the plaintiffs’ damages because the defendant driver had the right-of-way at the time of the accident. According to the defendants’ view of the case, the conduct of another driver, who allegedly ran a stop sign, was the sole proximate cause of the accident.

Summary Judgment in Failure-to-Diagnose Stroke Case Reversed by New York Appellate Court

Published on: January 31, 2019 | By Jeff DeFrancisco

With the vast knowledge of the internet readily at our fingertips, it can be tempting these days to attempt to self-diagnose an illness or medical condition based on the particular symptoms that we have. However, we quickly learn that our symptoms may result from a wide array of medical conditions – a persistent headache could indicate anything from simple dehydration to a brain tumor.

That’s why a sensible person who is experiencing medical issues goes to an expert – a doctor or a hospital, depending on the severity of the symptoms. Unfortunately, many New York medical malpractice cases are filed annually due to the failure of these so-called medical professionals to correctly diagnose or treat a patient’s medical condition.

Facts of the Case

A recent appellate case heard in the Supreme Court of New York, Appellate Division, Fourth Judicial Department involved a medical malpractice claim made by a man who was seen by several different healthcare providers over an 11-day period in 2008. During this time, the plaintiff was told that he had sinusitis and an ear infection, among other things. When the plaintiff’s primary care physician finally saw the plaintiff, he immediately recognized the signs and symptoms of a stroke. The plaintiff sued several doctors and medical clinics, seeking monetary compensation for injuries he allegedly sustained due to their negligence in failing to properly diagnose and treat his medical condition.

New York Appellate Division Affirms Summary Judgment to Doctor in Otolaryngology Malpractice Lawsuit

Published on: January 28, 2019 | By Jeff DeFrancisco

New York medical malpractice lawsuits can involve many different types of injury to the body – even wrongful death. One recent case involved a claim brought by a woman who believed that she had suffered loss to her hearing and other injuries due to her doctor’s allegedly negligent treatment of an ear infection.

Unfortunately, both the trial court and the appellate court sided with the woman’s doctor, finding that no actionable medical negligence had occurred.

Facts of the Case

A case recently considered by the Supreme Court of the State of New York, Appellate Division, Second Judicial Department, involved a medical malpractice claim brought by the plaintiff patient against the defendant doctor seeking compensation for hearing loss that the plaintiff allegedly suffered due to the defendant’s negligent prescription of a certain medication to treat an ear infection. The plaintiff further averred that the defendant had failed to instruct her properly as to the administration of the drug at issue.

New York Appellate Court Grants Summary Judgment to Defendant in Slip and Fall Case

Published on: January 23, 2019 | By Jeff DeFrancisco

Slip and fall accidents are all too common. A business may neglect to clean up snow and ice in a timely fashion, or an area grocery store may have an employee who doesn’t clean up a spill after being told to do so. These and many other scenarios can lead to a Syracuse premises liability lawsuit. Like other negligence actions, the plaintiff must be able to prove that the defendant breached a legal duty to him or her and that this was the proximate cause of his or her personal injuries in order to prevail at trial.

This can be a difficult proposition, especially if the allegedly dangerous condition was only present for a short time. Having effective legal representation can help improve the plaintiff’s chances of success on the merits of his or her claim.

Facts of the Case

The plaintiff in a recent case was a woman who sought monetary compensation for personal injuries she suffered during a slip and fall accident on the premises of an apartment building. She filed suit against the defendants, the owners of the building, seeking payment for her medical expenses, pain and suffering, and other damages resulting from the fall. According to the plaintiff, her fall occurred due to the wet condition of a staircase at the building, and the defendants either knew about the condition or, in the exercise of due diligence, should have known about it.

New York Court Reverses Spoliation Sanctions Against Medical Center Following Alleged Malfunction of Opioid Medication Pump

Published on: January 16, 2019 | By Jeff DeFrancisco

It is not unusual for a New York medical malpractice lawsuit to evolve into multi-faceted litigation involving several defendants and multiple theories of liability. For instance, a medical negligence lawsuit against a doctor or hospital could, under certain circumstances, grow to include a possible product liability lawsuit against the maker of an allegedly defective medical device.

Facts of the Case

In a case recently ruled upon by the New York Supreme Court, Appellate Division, Fourth Judicial Department, the plaintiffs were a former medical patient and the patient’s husband. According to their complaint, filed in the Supreme Court of Niagara County, the patient was admitted to the defendant medical center for surgery in 2008. After her surgery, the patient was given a patient-controlled analgesia infusion pump that allowed her to self-administer pain medication with the push of a button. The pump was supposed to have a “maximum dosage” feature, but, after using the pump without incident for several hours, the patient suffered an adverse medical event that necessitated her receiving an emergency opioid-reversing medication and being transferred to intensive care for additional treatment.

The plaintiffs filed suit in 2011, seeking compensation for the alleged negligence and medical malpractice of the defendant medical center and others. In an amended complaint, the plaintiffs sought monetary damages from the manufacturer of the pump, but that litigation stagnated because the medical center could not identify which of the 12 pumps it possessed was the pump that allegedly harmed the plaintiff. Eventually, the trial court dismissed the complaint as to the manufacturers, but the appellate court reversed that decision. On remand, the plaintiffs moved for sanctions against the medical center for spoliation of the pump. The trial court granted the plaintiffs’ motion for an adverse inference charge at trial as a sanction for its spoliation of evidence. The medical center appealed.

New York Court Allows Plaintiff in Car Accident Case to File Otherwise Untimely Claim Based on “Relation Back”

Published on: January 4, 2019 | By Jeff DeFrancisco

Timeliness is very important in a New York automobile accident case. If a claim is not filed within the statute of limitations, there is a strong likelihood that it will be dismissed by the court on procedural grounds.

However, there are a few – a very few – exceptions to this general principle. One of these exceptions is based on a doctrine known as “relation back,” under which a late-filed claim can be “dated” as if it were filed earlier. However, this doctrine only applies to claims relating to a lawsuit that has already been timely filed.

Facts of the Case

In a recent case, the New York Court of Appeals was called upon to consider the various issues arising in three consolidated actions filed as a result of multi-vehicle accident that occurred in 2011. The accident happened when a vehicle (in which several employees of a certain business were riding) stalled on a bridge. That car was struck from behind by a second car, which was then hit by a third car. One of the passengers in the first car died from injuries suffered in the wreck.

Brooklyn Bicyclist Killed in a Hit-and-Run Accident

Published on: December 31, 2018 | By Jeff DeFrancisco

No matter how careful you are and how much protective gear you have on when you ride your bicycle, a negligent motorist can hit you at any time. If this has happened to you or someone you know, you need to seek the help of a skilled Syracuse personal injury lawyer who can help. At DeFrancisco & Falgiatano Personal Injury Lawyers, we understand the devastating impact that a bicycle accident can have on the victim and his or her family.

Law enforcement are investigating a hit-and-run accident that took place in Brooklyn and left a bicyclist dead recently. The 21-year-old victim was riding in a bike lane parallel to a truck as both approached the road. The truck allegedly made a right turn and hit the bicyclist, dragging the bicyclist for several feet before driving off. The victim was on an electronic bike and was wearing a helmet at the time of the wreck. Tragically, he was pronounced dead at the scene of the incident. Police are still looking for the truck and have mentioned that the truck driver may not have known that he hit the cyclist.

Liability for Bicycle Accidents

Bicycle accidents can leave individuals seriously injured, in some cases, even restricting their mobility permanently or causing death. If you have been in a bicycle accident caused by someone else’s negligence, you may be able to sue the at-fault party. Negligence is the failure to behave with the level of care that someone of ordinary prudence would have exercised under the same or similar circumstances. The behavior typically consists of actions but can also involve omissions, namely when a person fails to act when they have a duty to do so. To establish negligence, the party filing the lawsuit has the burden of proving the following: the defendant owed the bicyclist a duty of care; the defendant breached the duty of care owed to the bicyclist; and the defendant’s breach was the direct cause of the bicycle accident and the bicyclist’s resulting harm.

Woman Sues Physician for Near-Death Experience During Butt-Lift Surgery

Published on: December 26, 2018 | By Jeff DeFrancisco

While butt-lifts have quickly become one of the most popular cosmetic procedures in the United States, the surgery can be extremely dangerous. If you have experienced harm due to a plastic surgeon’s negligence in performing a butt-lift, you need to reach out to a trusted Syracuse surgery malpractice attorney. At DeFrancisco & Falgiatano Personal Injury Lawyers, we will be able to examine the circumstances surrounding your injury and determine whether the adverse outcome was the result of malpractice.

Recently, a 31-year-old woman sued a Miami hospital for a near-death experience after a butt-lift operation. The woman, who travelled from California to Miami for the operation, claims that she remembers nurses and doctors shouting, “she’s bleeding! More blood, more blood!” in the operating room. The mother of two says she faded in and out of consciousness until the doctor’s staff called 911. At the hospital, the emergency room physician’s treated the patient’s punctured lumbar artery. To make matters worse, it turned out that the plastic surgeon who performed the initial procedure was not certified by the American Board of Plastic Surgery although he claimed he was. The woman filed a medical malpractice against the plastic surgeon and the hospital.

Syracuse Plastic Surgery Malpractice

While this incident happened in Florida, the reality is that plastic surgery errors are also common in New York. Individuals who opt for plastic surgery either do so to improve their appearance, correct disfigurement or for health reasons. If you have been injured as a result of a botched plastic surgery, you may be able to hold the surgeon accountable through a medical malpractice claim.

Brooklyn Construction Worker Killed at Work Site

Published on: December 17, 2018 | By Jeff DeFrancisco

Sadly, many workplace injuries and deaths are the result of dangerous work conditions. If you have suffered an injury on-the-job, you may be eligible to obtain compensation. At DeFrancisco & Falgiatano Personal Injury Lawyers, our Syracuse construction accident attorneys will meticulously analyze the particulars of your injury and help you determine your next steps. You can trust that we are devoted to making sure you get the highest possible damages amount in your case.

Last week, a Brooklyn construction worker was struck by falling construction material at a work site. Law enforcement claim the construction worker was hit by the falling object as he was working. He was rushed to the hospital where he succumbed to his injuries. The city’s Department of Buildings is investigating the cause of the accident. Sadly, incidents like this are common. Data from the Occupational Safety and Health Administration (OSHA) reveals that falls are the leading cause of death in construction. In 2015, 364 out of 937 total deaths in construction were the result of falls, meaning nearly 40 percent of all construction deaths were due to falls.

Liability for New York Work Accidents

Every employer and company involved in a construction project has an obligation to make sure the worksite is safe and that there are safety protocols in place to minimize the chance of injury or death to workers. If a falling object has injured you at work, your legal recourse depends on the specific circumstances of your case. While construction workers are generally entitled to workers’ compensation benefits in New York, these benefits only cover certain medical expenses, disability benefits and only cover a portion of an employee’s lost wages. In addition, workers’ compensation does not compensate an injured worker for pain and suffering.

Doctor’s Decision to Stop Medication Leads to Lawsuit After Patient Suffered a Stroke

Published on: December 10, 2018 | By Jeff DeFrancisco

Deciding when a patient should or should not be on medication is a critical part of a doctor’s job. However, the decision is not always clear-cut and, many times, the doctor must use his or her discretion after weighing both the benefits and potential risks associated with administering the medication. If you have been injured by a medication error, you might be able to recover compensation in your case. At DeFrancisco & Falgiatano Personal Injury Lawyers, our diligent Syracuse medical malpractice attorneys will parse your claim and devise a legal plan that maximizes your chances of recovery.

In a recent case, a 72-year-old man was brought into the ER of a hospital complaining about shortness of breath for the past few hours. He was about 30-40 pounds overweight and was sweating profusely. He suffered from hypertension for which he was on medication for a number of years. The patient was also a former smoker and indicated that he led mostly a sedentary lifestyle.

After relevant tests were conducted, the doctor diagnosed the patient with congestive heart failure and atrial fibrillation and prescribed him a blood thinner. The patient’s condition improved over the next few months and the doctor decided to take him off the blood thinners. The man later had a stroke that left him permanently disabled and confined to a wheelchair. He sued the doctor for malpractice.