Syracuse Personal Injury Law Blog

Should medical device makers be held liable in malpractice cases?

Published on: May 23, 2015 | By Jeff DeFrancisco

With more intricate surgical procedures becoming technology dependent, it is becoming important for medical malpractice law to catch up, so that it could deal with the potential health problems that can come from technological defects.

In prior posts, we have noted that medical malpractice is not always based on a physician’s error or negligence. The case involving a da Vinci surgical machine is a prime example. In a separate medical malpractice case emanating from surgical complications, an injured patient attempted to include the device maker along with the hospital and the offending surgeon.

However, a district court judge believed that the device maker should not be included. After all, it was determined that a medical device maker could not be responsible for the actions of a poorly trained physician. Nevertheless, the decision has sparked a debate over whether devices should meet credentialing standards similar to what doctors must procure.

Auto safety tips for Memorial Day Weekend

Published on: May 21, 2015 | By Jeff DeFrancisco

If you can’t believe that Memorial Day weekend is upon us…believe it. Yes, 2015 appears to be flying by, and with the unofficial beginning of summer this weekend, the summer driving season also begins with earnest.

Keep in mind that a greater number of people will be on the road this weekend. It is estimated that more than 30 million people will travel at least 50 miles away from their homes. With more people on the road, the greater the potential for accidents. So drivers must beware. This post will provide some helpful tips as you plan your getaway.

Stay cool while behind the wheel – With all the cars on the road (especially on Friday), and traffic being heavy, you can expect hot-tempered, ornery drivers who may be ready to take revenge if you upset them. At the same time, these drivers may get under your skin. Resist the urge to retaliate.

Will automakers be ready to deliver self-driving cars by 2020?

Published on: May 19, 2015 | By Jeff DeFrancisco

In prior posts, we have noted that some automakers have made it a goal to introduce a driver-less car by the end of the decade. While we understand that this is a lofty (yet achievable ) goal, there is still a great deal of research and development to do before we see these cars on the road. After all, these goals were part hypothetical and part hype that went with auto show displays.

However, one automaker has stepped forward and has announced definite plans to have a car ready by 2020. Nissan Motor Corp announced that it will have cars “packed” with autonomous driving technologies that year; but whether consumers will be able to take advantage of them depends largely upon whether government regulations will allow them.

Regulatory guidelines will undoubtedly be a huge part of whether driverless cars will be on the road at the end of the decade, since there must be rules governing whether there must be a human behind the wheel should the autonomous technology fail. In a prior post, we noted the danger of such technology being hacked and how it could lead to vital functions being compromised. Imagine what could happen if a remote hacker took control of a car’s acceleration or braking systems?

Common questions in birth injury cases

Published on: May 18, 2015 | By Jeff DeFrancisco

When a child is born, it is commonly a joyous occasion. After all, a birth is one of medicine’s miracles; especially with all of the things that can go wrong during a pregnancy and during a birth. However, and unfortunately, bad things can happen.

Yes, children can be affected by birth injuries and birth defects. When they occur, there are naturally a bevy of questions that parents may have. If you feel like your questions may not be valid or are highly unusual, fear not. They probably are not. With that, we highlight some of the most common questions about birth injuries.

What is the difference between birth injuries and birth defects? – A birth injury is likely due to something going wrong (usually negligence) during the birth, while a birth defect may have occurred prior to the birth and during the pregnancy.

Takata airbag recall expands after leaks discovered

Published on: May 15, 2015 | By Jeff DeFrancisco

The growing crisis involving Takata airbags is reaching the proportions that the General Motors ignition switch issue reached last year. For those who do not own a GM vehicle, the recall involving defective ignition switches (which could turn off a car’s engine and electrical functions) affected millions of vehicles in the United States and Canada. The issue went unabated for years and even led to GM being fined a record amount of money for not acting quickly or prudently in addressing the issue.

Also last year, the National Highway Traffic Safety Administration issued a frantic and dire warning to car owners in the southeast and mid-Atlantic states over concerns that Takata airbags could harm consumers by sending shrapnel like metal fragments into drivers and passengers when they inflate. The alarm led to thousands of cars being recalled from the likes of BMW, Honda, Toyota and Mercedes-Benz.

Over the past few months, more cars have been added to the recall; and recently, it was expanded once again, but for a different reason (and defect). According to an ABC News.com report, the new defect involves a leak that can occur when the car is in motion that could cause a rupture in the airbag casing, which would cause the airbag to explode.

Autonomous cars in accidents during testing

Published on: May 14, 2015 | By Jeff DeFrancisco

If there is one thing that is certain about the auto industry, self-driving cars are coming. The only questions about these vehicles are when they will be released to the public, and when they will become mainstream. A number of automakers are diligently working on offerings that will enable a driver to use extended autonomous features.

For instance, in a prior post, we highlighted the maiden cross country voyage of an Audi that was scheduled to have a driver stand in for emergencies while the car travelled from California to New York.

While autonomous cars are being ushered in for the future because of their relative safety, there have been a number of self driving cars that have been in accidents. According to a FoxNews.com report, a number of self driving cars have been in accidents. According to the California Department of Motor Vehicles, there have been four accidents. The department has not commented on the accidents.

Three important safety tips for motorcycle riders

Published on: May 13, 2015 | By Jeff DeFrancisco

If you follow our blog and have seen an increase in posts involving motorcycles, there is a reason for it. May is motorcycle safety month, and we feel it is prudent to remind our readers of the dangers surrounding bike rides.

Yes, riding a motorcycle can be exhilarating. The quick acceleration, the maneuverability and wind rushing by can be intoxicating. There is nothing like the freedom of being on a motorcycle, but riders must be especially careful during this time of year. Believe it or not, but drivers are still getting used to seeing motorcycles on central New York streets and highways.

With that, we offer a few safety tips that riders of all types of motorcycles can take advantage of.

Could automotive technology be hacked?

Published on: May 12, 2015 | By Jeff DeFrancisco

Let’s face it; the ability to have your vehicle be its own 4G wifi hot spot can be a cool idea. The Chevrolet commercial with the children planning mom’s surprise birthday party while she quickly drops off her dry cleaning should be enough of an example to entice even the most conservative buyer. This is an extension of wireless technology that allows vehicles to be turned on and off, locked and unlocked, as well as stopped.

However, what these buyers may not know is that there is a hazard with wireless technology. No, it is not the potential for distracted driving. Rather it is the potential for hacking. Imagine a vehicle being infiltrated electronically so that it can suddenly accelerate, turn, and operate the headlights without the driver’s knowledge or permission.

Congress is aware of this concern, and during a hearing where automakers were asked about these concerns the responses were surprising. Essentially, automakers had not made any provisions for protecting these technologies according to a report generated by a Massachusetts senator and reported by the Associated Press.

Should motorcycles talk to each other?

Published on: May 11, 2015 | By Jeff DeFrancisco

In a prior post we highlighted how a motorcycle rider’s GoPro camera captured a near fatal accident where another rider did not see him and barreled into him. It remains to be seen why the other rider did not see the crashed motorcyclist; as it is much more common for drivers to fail to see motorcycles.

But what if motorcycles talked to each other? Indeed, the notion of vehicles talking to each other may seem far-fetched right now. But with the prospect of self-driving vehicles growing every year, it is more likely that motorcycles will talk to each other too.

Part of the safety features that come with autonomous driving features is the ability for cars to exchange information about location and speeds so that collisions can be avoided. The technology is being developed so that cars can see and detect each other, but being able to see motorcycles would be beneficial as well. After all, the common claim (or statement) by drivers is that they did not see the motorcycle before a crash.

Do you need to replace your car seat after an accident?

Published on: May 7, 2015 | By Jeff DeFrancisco

There’s no question that a car accident can be jarring. But even after the initial shock, the thoughts of anger and worry may set in check to see if everyone is alright. Of course you may be thanking your lucky stars that you (or your children) were not injured further in the crash, and you know that your car may need to be repaired, but you may have questions about hidden safety issues after a car accident.

While an auto body repair shop can give you some insight on structural damages and advise you on whether the vehicle can be declared a total loss, it may not be able to advise you on whether your child’s car seat must be replaced. Nevertheless, the National Highway Traffic Safety Administration has provided some tips to help you decide whether a new car seat will be necessary.

– If you were able to drive your car away from the accident scene, chances are that the car seat did not sustain any severe damage.