Syracuse Personal Injury Law Blog

School Liability – Who is Responsible When Your Child is Hurt at School?

Published on: April 20, 2023 | By Jeff DeFrancisco

When we send our children to school, we put a lot of faith in the adults who will be watching over them all day. All too often, school and staff members’ negligence results in serious injuries to children. It is the responsibility of schools to provide a safe environment for students. That does not imply that they must guarantee that students will not be harmed. However, if they fail to meet accepted standards of care, they may be considered negligent. And if that negligence resulted in an otherwise avoidable injury, the school may be liable in a personal injury lawsuit, even if the injury was unintentional. Some injuries at school are inevitable. Nonetheless, the law requires teachers and school administrators to do everything possible to avoid such accidents. If they fail to meet this responsibility and an accident occurs, the school will almost certainly be held liable for the child’s injuries. Even if the school or a school employee didn’t directly cause a child’s injury, the school district might still be legally responsible.

Although schools are generally safe places, students can and do get hurt on the playground, during football practice, or in fights. There are other types of injuries, such as emotional or academic problems caused by harassment or abuse. When a child comes home from school hurt, most parents are eager to understand how such a thing could have happened. It is critical to understand how accidents occur and how schools may be held liable for injuries sustained while under their supervision. The facts of the case will determine whether the school or another third party can be held liable. If your child was injured at school, it is always best to consult with a personal injury attorney. DeFrancisco & Falgiatano strives for the best possible outcome in every case. We understand how important your child and family are, and how much harm can be caused by a school’s negligence. We have over 30 years of courtroom experience fighting for victim compensation. With offices in several convenient locations, we assist injured children and their families throughout Upstate New York. Our extensive experience in the field of medical malpractice is reflected in the outcomes we have obtained for our clients.

Sprains, slips and falls, bruises/cuts, dislocations, fractures/broken bones, sports injuries, head injuries, school bus accidents, violence, school crossing injuries, food poisoning, faulty playground equipment, and bullying are some of the most common injuries children sustain at school. Each of these circumstances could support a finding of liability. If the school failed to remove ice and snow from its walkways or failed to keep a staircase in a safe condition, the parents of a child who slipped and fell may be able to sue. If school coaches or teachers fail to properly supervise children participating in sports, or if they provide children with inappropriate equipment, they may be held liable. A premises liability claim may be appropriate when a child is injured on the playground as a result of a dangerous property condition. Injuries on playgrounds can also occur due to insufficient supervision and equipment. In cases where defective equipment was involved, you may have a defective product claim against the equipment’s manufacturer in addition to or instead of the school.

Improper Electric Fetal Monitoring

Published on: April 7, 2023 | By Jeff DeFrancisco

Electronic Fetal Monitoring (EFM) can monitor the health of the baby during labor by continuously measuring the fetal heart rate. The fetal heart rate pattern must be evaluated in order to establish if the infant is receiving sufficient oxygen during labor and delivery. When a baby is deprived of adequate oxygen, his or her organs, including the brain, might sustain damage. Brain damage sustained during labor and delivery can be permanent and have a profound effect on the child’s life. A child can develop cerebral palsy, a motor handicap, if they did not receive enough oxygen during labor and delivery. The best technique for medical practitioners to determine if a baby is receiving adequate oxygen is by monitoring the fetal heart. Fetal distress is indicated if the baby’s heart rate is too high, too low, or otherwise abnormal. Fetal distress may indicate that the baby’s body is attempting to adjust to oxygen deprivation; it is a medical emergency that requires immediate attention.

If medical practitioners fail to use fetal heart rate monitors as directed, operate monitors incorrectly, interpret monitor readouts inaccurately, or fail to intervene when necessary, the repercussions could be severe. If the infant is injured as a result of irresponsible monitoring of the fetal heart rate, this constitutes medical malpractice. Our experienced trial attorneys at DeFrancisco & Falgiatano have a comprehensive understanding of medical malpractice law and empathy for families coping with the financial and emotional implications of birth injuries. We have numerous offices throughout Upstate New York that allow us to assist clients throughout the region. The results we have obtained for our clients are reflective of our significant experience in the field of medical malpractice.

EFM monitors and traces the mother’s uterine activity, continuously displaying the duration and intensity of the mother’s contractions. The contraction pattern of the mother is vital information that medical professionals must regularly monitor. If the infant is not reacting well to the mother’s contractions or the labor as a whole, the medical staff must take action to protect the infant. This may involve abandoning the vaginal delivery plan in favor of a Cesarean section. If the medical practitioners fail to act promptly or fail to comprehend the information offered by EFM, they may cause severe damage to the mother and/or the infant.

Tackling Texting While Driving: “The Decision to Reach for The Phone Can Be Impulsive”

Published on: April 7, 2023 | By Jeff DeFrancisco

According to the United States Department of Transportation, 1.6 million automotive accidents occur each year as a result of distracted drivers on their cell phones. All of these accidents resulted in approximately 500,000 injuries and 6,000 deaths. According to Verizon Wireless, those who read or compose text messages while driving are 23% more likely to be involved in a car accident than other drivers. The facts on the perils of texting and driving speak for themselves, but people continue to engage in this risky conduct despite the threat it can pose to not just you, but also other drivers. If you or a loved one has been harmed in an automobile accident caused by someone else’s negligence, you should contact an experienced Upstate New York car accident lawyer immediately. DeFrancisco & Falgiatano’s expert accident and injury attorneys may be able to assist you to obtain the conclusion you deserve. We help clients throughout Upstate New York, with offices in multiple convenient locations. Our extensive experience in the personal injury field is reflected in the results we have achieved for our clients.

According to studies, around 660,000 drivers try to use their cell phones while driving every day. While this statistic includes texters, it also includes those who check their email, make, receive, or check phone calls, and use mobile apps. Texting and driving statistics are concerning, with some surveys indicating that the risks are even larger than drinking and driving. This activity is six times more likely to result in an accident than drunk driving.

Texting and driving is especially dangerous for juvenile drivers since it is combined with novice driving. When texting and driving, teen drivers are four times more likely than adult drivers to be involved in major car accidents. Cell phones were used by approximately 21% of young drivers involved in fatal motor vehicle accidents. Despite the fact that the majority of teen drivers indicated they were aware of the dangers of texting and driving, 35% acknowledged doing so. Texting while driving impairs a person’s ability to drive safely. When a person responds to a text, he or she takes his or her eyes off the road for around five seconds. This distraction lasts long enough for the motorist to go the length of a football field if the individual is moving at 55 miles per hour. Texting while driving is the most dangerous type of distracted driving since it takes a person’s eyes off the road, distracts his or her mind, and takes his or her hands off the wheel.

The Dangers of Delayed or Failure to Diagnose Cervical Cancer

Published on: March 29, 2023 | By Jeff DeFrancisco

Cervical cancer is cancer that starts in the cells of the cervix. The cervix is the lower, narrow end of the uterus. The cervix connects the uterus to the vagina. Cervical cancer usually develops slowly over time. Before cancer appears in the cervix, the cells of the cervix go through changes known as dysplasia, in which abnormal cells begin to appear in the cervical tissue. Over time, if not destroyed or removed, the abnormal cells may become cancer cells and start to grow and spread more deeply into the cervix and to surrounding areas. About 14,000 women in the United States are diagnosed with cervical cancer each year. Women between the ages of 35 and 44 are most frequently diagnosed with cervical cancer. The average age at diagnosis is 50. Around 4,000 women die of cervical cancer per year.

Because cervical cancer develops from a treatable, pre-cancerous condition, it is imperative that doctors correctly interpret a woman’s Pap smear test results. When dysplasia is present and doctors fail to diagnose and treat the condition, the woman is in danger of developing cervical cancer in the future. When gynecologists fail to correctly evaluate, diagnose, and treat dysplasia and cervical cancer develops as a consequence, the woman may have legal grounds to file a medical malpractice claim. Medical malpractice occurs when healthcare providers do not adhere to the medical community’s accepted standards of care when diagnosing or treating a patient and as a result, the patient is injured or dies. Medical malpractice typically occurs due to the health care providers’ harmful, negligent acts or failure to act. Women that believe their healthcare provider acted carelessly with their health and are suffering from cervical cancer, as a result, may want to consider contacting a medical malpractice attorney for a consultation and case review. At DeFrancisco & Falgiatano, our cancer misdiagnosis lawyers help clients throughout the Upstate New York area with offices in multiple convenient locations. Our extensive experience in the medical malpractice field is reflected in the results we have achieved for our clients.

Most cervical cancers are caused by the virus HPV, a sexually transmitted infection. HPV spreads through sexual contact and can lead to cancer. Many people will get HPV at some point in their lives and not realize it because their bodies fight the infection. However, if your body doesn’t fight the infection, it can cause the cells of your cervix to change to cancerous cells. There are more than 100 kinds of HPV and about a dozen of them have been shown to lead to cancer. Early detection of these types of HPV is key to preventing cervical cancer. Regular screenings with your healthcare provider can help identify cell changes before they become cancer. The HPV vaccine can help prevent HPV infection by protecting you against the HPV that causes up to 90% of all cervical cancers. When these cells are found early, cervical cancer is highly treatable and less likely to become serious.

Failure to Diagnose Breast Cancer

Published on: March 29, 2023 | By Jeff DeFrancisco

Diagnosing breast cancer in a timely manner can, quite literally, mean the difference between life and death for many women. The 5-year survival rate for a woman with Stage 0 or Stage I breast cancer is nearly 100%, yet by the time cancer reaches Stage IV, the survival rates drop down to about 22%. Your healthcare team has the responsibility to take all actions possible to ensure you receive a rapid diagnosis of breast cancer, so treatment can commence as quickly as possible. Not all breast cancer starts with a lump, and sometimes breast cancer is detected on a screening mammogram that finds cancer at a stage prior to its being felt. Most of the time, women are the ones who get breast cancer. However, it is possible for men to get breast cancer. A healthcare provider should examine any lump or change in the breast.

Delayed breast cancer diagnosis is one of the most common forms of medical malpractice. The claim arises when the physician, typically a family practitioner, surgeon, dermatologist, obstetrician, or gynecologist discount or fail to recognize the severity, the physician fails to properly read radiology, or a physician or hospital fails to report the results or follow-up with the patient. Cancer then grows and advances to more critical stages that require more severe treatment such as a mastectomy, radiation, or chemotherapy than would have been required had the cancer been diagnosed earlier. Moreover, cancer can infiltrate the lymph nodes and cause a greater chance of recurrence further decreasing the chance of survival. Aside from some forms of skin cancer, breast cancer is the most common cancer among American women, regardless of race or ethnicity. Screening can improve outcomes. Early detection reduces the risk of dying from breast cancer and can lead to a greater range of treatment options and lower healthcare costs.

Approximately 1 in 8 women in the United States will develop invasive breast cancer during their lifetime. Of those, around 42,000 die per year as a result. The stats are high, and early detection is the best way to prevent cases from becoming as extreme. Breast cancer is hard to treat and therefore requires as much time as possible to explore the range of treatment options. Medical malpractice and the failure of a physician to diagnose breast cancer can lead to devastating results. If your breast cancer worsens due to failure to diagnose, you’re entitled to seek legal compensation. Enlist the help of lawyers who are experts in dealing with injuries from medical malpractice to ensure you receive the compensation you deserve. If you believe you’ve been harmed by a misdiagnosis related to breast cancer, the experienced Upstate New York medical malpractice attorneys of DeFrancisco & Falgiatano can assess your case. We help clients throughout the Upstate New York area with offices in multiple convenient locations. Our extensive experience in the medical malpractice field is reflected in the results we have achieved for our clients.

What Are Hospital-Acquired Infections?

Published on: March 14, 2023 | 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:

Basic Personal Injury Law

Published on: March 8, 2023 | 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.

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

Published on: December 30, 2022 | 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 ›

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

Published on: December 23, 2022 | 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 ›

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

Published on: December 18, 2022 | 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 ›