Syracuse Personal Injury Law Blog

When should the umbilical cord be clamped?

Published on: June 24, 2015 | By Jeff DeFrancisco

The birth of a child is a simply wonderful event. Part of it is the joy of finally being able to meet a being that has been growing inside his mother’s womb, and the other is the happiness that comes with loving someone who loves you unconditionally as well. But with every birth, the risk of complications exists, which is why birth centers have detailed protocols that they must follow in order to limit the risks of infection and injury.

Part of these protocols includes when an umbilical cord must be cut, even though, as a brand new parent, you may not think about it when the baby is first born. Nevertheless, there are questions about whether the rules surrounding when umbilical cords should be changed.

Essentially, a recent study of infants suggested that children who a few extra minutes attached through their cords had a boost in neurodevelopment compared to those who had their cords clamped immediately after birth.

How PTSD can manifest itself in accident victims

Published on: June 23, 2015 | By Jeff DeFrancisco

In a prior post, we noted how comedian Tracy Morgan settled his lawsuit with Wal-Mart stemming from the horrific crash last summer that left him severely injured and killed his best friend. We reported that Morgan was pleased that Wal-Mart “stepped up” and compensated him for his injuries. However, he was still emotionally scarred from losing his friend and the slow recovery process he has endured, even a year after the accident.

Morgan reported having his “good days and bad days.” While he did not address it specifically, these up and down days could be indicative of post traumatic stress syndrome. PTSD can haunt a person long after an accident has occurred; especially if it was particularly traumatic (i.e. there was the possibility that the person would be killed, or if someone else died in the crash).

Of the more than two million people who are injured in an accident, it is estimated that nearly 30 percent will develop long lasting symptoms of PTSD, including depression and anxiety attacks. Essentially, they could have constant flashbacks of the accident, have specific triggers that brink up anxiety or become hopelessly preoccupied with the preciousness of life.

Could you be buying a flood damaged car?

Published on: June 23, 2015 | By Jeff DeFrancisco

Everyone likes a bargain; especially when it comes to buying a car. So when you see what appears to be a late model car with next to no miles on it for a great price, it certainly may be worth investigating. Not just because a great bargain is to be had, but because you may be unknowingly buying a flood damaged car.

Since the flooding in Texas and much of the southeastern United States has taken place earlier this year, flood damaged cars have made their way onto used car lots across the country; even showing up in New York. Some unscrupulous brokers have taken these cars and cleaned them so that any remnants of flood damage are hidden. While this may seem ingenious, it could be dangerous for the buyer.

After all, there may be certain components of these vehicles that could be compromised, which would put the driver (and any passengers) at risk. For instance, if the braking components of a flood damaged car malfunction, because of rusted parts, a driver could find him or herself in an accident because of bad brakes. Because used car sales people are not generally obligated to report damage to cars that they know nothing about, an injured car owner may have a difficult time finding recourse.

Can smart cars still be susceptible to human error?

Published on: June 22, 2015 | By Jeff DeFrancisco

It’s no secret that several automakers, including Mercedes-Benz, Volvo along with Google are racing to develop self-driving vehicles (or at least extended autonomous features) in a push to eliminate some of the common accidents that occur because of human error. After all, a self-driving car ostensibly will not give in to road rage, will not drive while under the influence of alcohol, and will not disobey speed limits because the driver is late.

With all of these potential benefits that a computer could bring, there is still a concern that self-driving cars could be susceptible to human error. According to a recent InsuranceJournal.com report, there have been several accidents during the testing of such cars.

For instance, a Volvo employee who was demonstrating a car that was supposed to detect pedestrians (and brake automatically) accidentally drove into a group of observers. The video footage of the accident made its way onto YouTube, and has been viewed more than four million times. Also, accidents have occurred with Google’s vehicle, essentially because the autonomous system did not take into account how human drivers sometimes “bend” traffic rules so that they could avoid accidents.

Swimming pool safety basics

Published on: June 22, 2015 | By Jeff DeFrancisco

As we have noted in a number of our posts, summer is the time for road trips. But for those who like enjoying the outdoors without driving hundreds of miles to a destination, a pool party would likely do the trick. But for people who open their homes for these parties, it is important to know and understand the safety responsibilities homeowners have.

Essentially, homeowners have a duty to use reasonable care in making sure that the property is safe for guests when they come over. Also, the must act as a reasonable person would in supervising people, especially children, when they are swimming. Indeed, the supervisory people may not need to have life-saving skills certificates as common lifeguards would have at a public swimming pool, but they should have a basic understanding of how to spot a person who is in distress.

This post will identify a few telltale signs of someone in danger.

Can physicians be drug addicts?

Published on: June 20, 2015 | By Jeff DeFrancisco

In our society, drug addiction is a prominent problem. According to a number of media reports, 10 to 14 percent of Americans struggle with a drug problem. When we think of drug addicts, however, the images that are likely conjured are of dirty, disheveled individuals who live in dilapidated houses (or on the street) and are one step away from losing their lives, since they have already lost so much else.

However, there are a number of drug addicts who simply fly under the radar, and they have access to as many drugs as they like. They are doctors.

According to a dailybeast.com report, doctors who are drug addicts lead some of the most dark, yet brilliant and complicated lives. However, it is indicative of a serious disease that “allows for a great deal of self-pity and mischief.”

What a doctor may argue in defending a medical malpractice case

Published on: June 18, 2015 | By Jeff DeFrancisco

Medical malpractice accusations can be staunchly defended. After all, physicians, who have been trained since college to be right all of the time, do not take kindly to having their expertise questioned. Nevertheless, this is what occurs in a medical malpractice lawsuit.

With the amount of money that can be awarded in medical malpractice suits, and the threat to a physician’s reputation, you can expect that there will be some strong defenses. This post will highlight a few common ones.

Statute of limitations – If a plaintiff does not bring a lawsuit in the amount of time allowed under law, a doctor could argue that an action is “time barred.”

Why doctors should document concussion symptoms

Published on: June 17, 2015 | By Jeff DeFrancisco

Indeed, there are more than 90 days before the first National Football League games will be played in September, but it is not too early to discuss the dangers of concussions in sports. After all, the concussion protocol was discussed during the NBA playoffs after Klay Thompson of the Golden State Warriors was inadvertently kneed in the head during the conference finals. Also, it was rumored that LeBron James may have suffered one after he hit his head on a camera.

Yes, many parents in our region will not have kids playing professional sports. But they will be playing on playgrounds and in youth sports leagues and they will invariably have head injuries that that will send them to the hospital. In fact, According to the Centers for Disease Control and Prevention, more than two million Americans will be hospitalized after suffering traumatic brain injuries (i.e. concussions).

For injuries that result in lawsuits, it is important to properly diagnose a concussion and maintain detailed information about continuing concussion symptoms. After all, not all concussions are the same and not every head injury manifests itself in the same manner.

Why drivers should not use their cell phones behind the wheel

Published on: June 15, 2015 | By Jeff DeFrancisco

Although we are weeks away from the big Fourth of July holiday weekend, the summer driving season has already begun in earnest. Between now and the next holiday weekend, tens of thousands of drivers will travel across the state to various vacation spots. One of the perks of getting away these days is knowing that you can still stay connected. This is why cell phone and tablet use has grown over the past few years.

Nevertheless, there are a number of drivers who insist on staying connected even when they are behind the wheel. According to a State Farm Insurance study, less than 20 percent of drivers surveyed in 2009 indicated that they used the Internet functions on their phones while behind the wheel. Indeed, the technology was different then (no 4G network connections or portable hotspots back then), and phones may not have been so sophisticated.

However, that was then, and this is now. Yes, this is a cliché, but with faster download speeds and higher bandwith with phones, more people are apt to use their phones while driving. As we have noted in a number of our posts, distracted driving can not only be seen as a crime, it can form the basis of liability in the event of an accident.

Three things patients can do to uphold their rights

Published on: June 10, 2015 | By Jeff DeFrancisco

When we go to the hospital or seek treatment for an injury, we inherently trust our doctors to act in our best interests. After all, why wouldn’t we? We know that physicians go through an inordinate amount of training and they know about how ailments and diseases are caused and treated. However, there are some instances where their training and experience may not give them the right answers. Also, as a patient, you know your body better than anyone, and sometimes a treatment may not be as beneficial as it needs to be.

In these instances, it is imperative that you take steps to protect your health; especially considering that doctors commonly feel that you are not the least bit qualified to express directives about your health. So to avoid potential medical malpractice, we offer the following tips:

Know your medical history – Regardless of how many (or how few) times you have been to the hospital, it is important that you have a solid idea of what your medical history is; including when you have had surgery, medications you have taken (and are on right now), and how you have dealt with ailments in the past.