Syracuse Personal Injury Law Blog

Intersection Accidents in Syracuse

Published on: February 2, 2018 | By Jeff DeFrancisco

On urban and suburban roads with high volumes of traffic, intersection accidents can pose a great risk to drivers. The vast majority of intersection accidents take place because one of the drivers failed to yield the right-of-way. If you or someone close to you has been injured in an intersection accident, you need to reach out to a reputable Syracuse car accident attorney without delay. At DeFrancisco & Falgiatano Personal Injury Lawyers, we will work diligently to do what is in your best interest after an intersection accident.

An intersection, also sometimes known as a crossroads, typically involves a crossing over of two streets or roads. Traffic accidents often take place at intersections because many vehicles are traveling in different directions at the same time. If any traffic laws are disobeyed or lights are ignored, the risk of accidents can increase significantly. According to the National Highway Traffic Safety Administration (NHTSA), 40 percent of all car accident deaths in the United States every year involve drivers running a red light, failing to yield the right-of-way at an intersection, or driving through a stop sign.

The NHTSA found that the following driver mistakes frequently led to accidents at intersections:

Drivers making improper left turns at intersections;
Trying to rush through a yellow light;
Distracted driving; and
Rolling through stop signs.

Plastic Surgery Malpractice in Syracuse and Across New York

Published on: January 30, 2018 | By Jeff DeFrancisco

Plastic surgery is more popular than ever with millions of cosmetic procedures taking place every year. All surgery has risks, and plastic surgery is no exception. However, in some cases, things go horribly wrong, and the patient can suffer a serious injury. If you or someone close to you has been harmed due to the negligence of a plastic surgeon, it is important to reach out to a skilled Syracuse plastic surgery malpractice attorney who can assess the merits of your case. With years of experience, we understand how to navigate these types of claims.

Plastic surgery is reconstructive surgery that focuses on repairing damage or defects related to the face and body. Cosmetic surgery is a subset of plastic surgery. It is typically elective and is done to improve a person’s appearance. According to data released by the American Society of Plastic Surgeons’ annual plastic surgery procedural statistics, there were 15.9 million surgical and minimally invasive cosmetic procedures performed in the United States in 2015, a 2 percent increase from the prior year. Some common examples of cosmetic surgery include:

Liposuction;

Colonoscopy Errors in Syracuse

Published on: January 23, 2018 | By Jeff DeFrancisco

Colon cancer is the second-most diagnosed cancer and the second-leading cause of cancer death in the United States. Colonoscopies are an important tool for colon cancer detection. While these procedures are relatively safe, injuries due to malpractice do happen. If you or someone close to you has been injured during a colonoscopy, you may be entitled to compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, our Syracuse cancer malpractice lawyers are committed to protecting the rights of patients at every step of the way.

A colonoscopy is a procedure that enables an examiner, typically a gastroenterologist, to evaluate the inside of the colon (large intestine or large bowel). The American Cancer Society advises that both men and women should have regular colonoscopies, beginning at age 50, to screen for colorectal cancer. A person should continue getting regular colonoscopies until the age of 75. According to a 2011 article in the Medical Journal of Gastrointestinal Endoscopy, the risk of serious injury from a colonoscopy is relatively low. However, possible complications from the procedure include the following:

Perforations: this takes place when a hole is punched in your bowel, causing fecal matter to leak into the abdominal cavity, which can lead to sepsis.

Study Reveals Male Dermatologists Sued More Often Than Female Counterparts

Published on: January 17, 2018 | By Jeff DeFrancisco

While some skin conditions can be minor, others can have dire consequences for a person’s health. When a dermatologist fails to understand, diagnose, or treat a patient’s skin condition, the patient can suffer severe injuries and, in the most serious cases, death. If you or someone close to you is in this situation, you need the help and guidance of a trusted Syracuse dermatology malpractice attorney. At DeFrancisco & Falgiatano Personal Injury Lawyers, we can meticulously analyze your case and determine whether or not malpractice occurred.

A new study published in the Journal of the American Medical Association found that female dermatologists were sued less often than their male counterparts. The report scrutinized features of medical malpractice claims against dermatologists from 1991 to 2015 and found that female dermatologists were sued less because they communicated with their patients more than the male doctors. Specifically, the female physicians would more often elicit and validate patient input, as well as provide encouragement and reassurance. As a result, male physicians were 2.5 times more likely to be sued for malpractice than their female contemporaries. In fact, nearly 70 percent of claims were against male physicians. Most claims were results of medical errors in skin operations, followed by misdiagnoses.

Dermatology errors can happen in a variety of ways, including but not limited to failing to timely diagnose skin cancer, failing to properly treat skin cancer, failing to promptly follow up, failing to prescribe the appropriate skin medication, and failing to understand the patient’s complaints. These and other errors can form the basis of a medical malpractice claim when they cause an injury or death to a patient.

Slip and Fall Accidents Due to Ice in Syracuse and Throughout New York

Published on: January 11, 2018 | By Jeff DeFrancisco

Winter in New York can be harsh. When a person slips and falls on ice, the injuries can be serious and long-lasting. In the most serious cases, the victim of the fall may require surgery. If you or someone close to you has suffered an injury after slipping and falling on ice on someone else’s property in Syracuse, you need to reach out to a skilled Syracuse premises liability attorney immediately. We can assess the circumstances of the fall and help you pursue the compensation you deserve for your harm.

A slip and fall accident occurs when a person is injured because a walking surface contains a dangerous condition (like ice) that causes a person to slip, trip, or fall. Many slip and falls on ice are results of a property owner’s negligence. In New York, both city and private property owners are required by law to clear ice and snow on the sidewalks abutting their property. Failing to clear snow from the sidewalk in front of the building or doing a poor job of clearing the snow or ice creates a hazard for anyone walking in the area. Property owners must clear snow and ice from the property in a “reasonable” amount of time to ensure walkways and high traffic areas are safe. According to the New York City Department of Sanitation, snow and ice must be removed no later than four hours after the end of the snowfall or no later than 11 a.m. if the snowfall ends after 9 p.m. the night before.

Slip and fall liability is generally rooted in the theory of negligence. Negligence takes place when an injury is a result of a property owner failing to use reasonable care. Reasonable care refers to the level of care that a prudent person would use in the same or similar circumstances. For instance, a property owner using reasonable care would make sure to clear a sidewalk properly so that there are no icy conditions that would lead to a fall. To establish negligence in a New York slip and fall case, the plaintiff must demonstrate the following:

Deadly Accidents on the Rise in New York and Elsewhere Due to Tech-Related Distractions

Published on: January 4, 2018 | By Jeff DeFrancisco

Data from the National Highway Traffic and Safety Administration reveals that the United States has experienced a 14 percent rise in roadway fatalities over the last two years. It has also experienced the biggest back-to-back increase in motor vehicle death rates per mile driven in more than 50 years. In 2016, 37,461 people died in roadway accidents, including drivers, passengers, cyclists, and pedestrians. If you or someone close to you has been injured by a distracted driver in New York, you need to reach out to a Syracuse car accident attorney who can help.

The National Safety Council, however, challenges the official DOT figures, claiming that in 2016, cellphone usage was involved in 26 percent of all traffic accidents. In fact, the NSC states that due to the under-reporting of distracted driving crashes, the number of deadly crashes that actually take place each year could be double what is recorded in federal data. A study released by Cambridge Mobile Telematics, a company that creates apps to monitor driving and smartphone usage for insurance purposes, echoes this sentiment and found that about a quarter of drivers involved in crashes were on their phones during or in the minute prior to the accident.

Most car accident claims in New York are based on the legal theory of negligence. Negligence takes place when a driver causes an accident because he or she failed to use ordinary care behind the wheel. Ordinary care is defined as the level of care that a reasonably prudent person would have used in the same situation. For instance, a driver who causes a crash because he or she was texting and driving would be liable for the accident and any resulting harm. This is because a reasonably prudent driver would understand the risk of accidents and injuries that could result from such conduct.

Malpractice Claims for Surgical Errors in New York

Published on: December 27, 2017 | By Jeff DeFrancisco

Surgery is a daunting experience for most people, and it can be even more stressful if you think about the possibility of something going wrong. Unfortunately, surgical errors affect many people in New York and across the United States each year. If you or someone close to you has suffered an injury due to a surgical error, you need to reach out to a skilled Syracuse surgical malpractice attorney who can handle your case. With many years of experience, we understand how to navigate these types of claims effectively and efficiently.

According to data compiled in the National Practitioner Data Bank between the years of 1990 and 2010, in excess of 4,000 individuals who underwent surgery were hurt because of preventable surgical errors. While minor surgical errors may be understandable, some mistakes are so shocking that they should never have occurred. The medical community knows these mistakes as “never events.” Unfortunately, never events take place all across the country. In fact, the National Practitioner Data bank study revealed that 80,000 “never events” took place between 1990 and 2010. Some examples include but are not limited to:

Performing surgery on the wrong person;
Performing surgery on the wrong body part;
Performing the incorrect surgery altogether;
Leaving objects (i.e., surgical instruments) in the patient’s body;
Using dirty or unsterilized instruments in surgery;
Infusing the wrong blood type or unclean blood into a patient; or
Providing oxygen lines containing no gas or the wrong gas.

Brain Injuries as a Result of Malpractice in New York

Published on: December 18, 2017 | By Jeff DeFrancisco

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:

Rear-End Accidents in New York

Published on: December 11, 2017 | By Jeff DeFrancisco

A car accident can change one’s life instantly. While some rear-end accidents result in minor damage and injuries, in other cases, rear-end accidents can be deadly. If you or a loved one has been injured in a rear-end accident, you may be entitled to compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, we are dedicated to protecting our clients’ rights in New York car accident cases at every step of the way.

A rear-end collision takes place when one vehicle crashes into the vehicle in front of it. These accidents typically happen when a driver is stopped for some reason (i.e., at a red light or in heavy traffic). Rear-end collisions are one of the most common types of automobile accidents in the United States. In fact, there are approximately 2.5 million rear-end collisions each year. According to the National Highway Traffic Safety Administration (NHTSA), approximately 28 percent of all crashes are rear-end collisions. Rear-end accidents can be caused by a variety of negligent acts. Some common causes include but are not limited to:

Aggressive driving;
Distracted driving;
Driving under the influence of drugs or alcohol;
Excessive speeding;
Faulty brakes or automotive defects;
Tailgating or following too closely;
Poor weather conditions;
Sudden or unexpected stops; or
Improper lane changes.

Hospital Negligence in New York

Published on: December 8, 2017 | By Jeff DeFrancisco

Medical professionals at hospitals are expected to provide competent care to each patient. Unfortunately, this does not always happen. If you or someone close to you was injured due to hospital negligence, you may be entitled to compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, our seasoned Syracuse hospital negligence attorneys can thoroughly examine the facts of your case and determine the viability of your claim. For many years, we have helped New York clients resolve their medical malpractice claims, and we can help you as well.

Hospital negligence is much more common than you may think. In 1999, the Institute of Medicine reported that up to 98,000 people a year die because of mistakes in hospitals. In 2010, the Office of Inspector General for Health and Human Services found that inadequate hospital care contributed to the deaths of 180,000 patients in Medicare alone in a given year. A study by the Journal of Patient Safety estimated that in 2014, between 210,000 and 440,000 patients who went to the hospital for care suffered some type of preventable harm that contributed to their death.

Doctors, nurses, and other medical professionals at a hospital play a critical role in a patient’s treatment and recovery. Any medical professional working at a hospital may be responsible for a hospital error. Some examples of these errors include but are not limited to: