Syracuse Personal Injury Law Blog

Court Distinguishes Negligence from Medical Malpractice in New York Case

Published on: November 11, 2023 | By Jeff DeFrancisco

Home health care aides are expected to ensure that the people they assist are safe an well taken care of; unfortunately, however, they do not always possess the skills and training needed to do so, and falls and other harmful incidents often occur in their presence. While companies and individuals that provide home health care may offer medical services, merely because their negligence causes an injury does not mean that they will be liable for medical malpractice, as discussed in a recent New York case. If you were hurt in a fall, it is prudent to confer with a Syracuse personal injury attorney about your rights.

Facts and Procedure of the Case

It is reported that the plaintiff, the decedent’s son, entered into a contract with the defendant home health care company (Company) in June 2017 for home healthcare services for the decedent. The plaintiff, along with his girlfriend, left the decedent in the care of the defendant home health aide (Aide) on June 11, 2017. Upon their return 15 minutes later, they found the decedent on the floor near her bed.

Allegedly the Aide, who was present until the end of her shift, did not file an incident report, as required by the Company, and did not contact the Company. The plaintiff initiated legal action, alleging negligence by the Company in providing care and supervision and asserting claims of negligent hiring, training, and supervision. The defendant moved for summary judgment. Continue Reading ›

New York Court Discusses Proof of Proximate Cause in Car Accident Cases

Published on: October 20, 2023 | By Jeff DeFrancisco

Car accidents are unfortunately common in New York, and while some people involved in collisions walk away without harm, many suffer significant injuries. People hurt in car accidents can recover compensation, but only if they can demonstrate that another party proximately caused their harm. In a recent New York case in which the defendant argued the plaintiff was at fault for a car crash, the court discussed the concept of proximate harm and what evidence is needed to establish negligence. If you sustained damages in a collision, it is wise to meet with a Syracuse personal injury attorney to discuss your possible claims.

Factual Background of the Case

It is alleged that the plaintiff initiated a lawsuit seeking compensation for personal injuries she sustained during a motor vehicle collision involving a car she was driving and a car owned and operated by the defendants. The defendants filed a motion for summary judgment to dismiss the plaintiff’s complaint, arguing that the accident resulted from the plaintiff’s attempt to change lanes when it was not safe to do so, and that her negligence was the only cause of the accident. The trial court denied the motion, and the defendants appealed.

Establishing Proximate Cause in New York Car Accident Cases

On appeal, the court affirmed the trial court ruling. The court considered the well-established legal principle that there could be more than one proximate cause of an accident but noted that the defendants bore the burden of establishing that they were not at fault in causing the accident or that another person’s negligence was the sole proximate cause of the accident, as they were the ones seeking summary judgment. Continue Reading ›

Court Discusses Demonstrating Liability for Medical Malpractice Under New York Law

Published on: October 13, 2023 | By Jeff DeFrancisco

It is not uncommon for a patient to undergo multiple procedures for a single medical issue. While typically, such treatment will offer them relief, in some cases, it will unfortunately result in compounded harm. In such cases, more than one provider may be deemed liable, as demonstrated in a recent New York case in which the plaintiffs sought medical malpractice claims against multiple defendants. If you were harmed due to an improperly performed procedure, it is advisable to talk to a Syracuse medical malpractice attorney about your rights.

Case Background

It is reported that the plaintiff underwent surgery at the defendant hospital involving mesh placement to repair a hernia. Another surgery was scheduled for later that year, with the defendant doctor as the surgeon, to perform a radical prostatectomy to treat the plaintiff husband’s prostate cancer. However, the defendant doctor aborted the procedure upon discovering intraoperatively that the mesh from the previous surgery had migrated, rendering the prostatectomy unsafe. Subsequently, the plaintiff husband’s prostate cancer was treated with radiation therapy.

Allegedly, the plaintiff husband and his wife, commenced an action against several defendants, including the defendant hospital and defendant doctor, to seek damages for medical malpractice and lack of informed consent resulting from surgeries performed on the plaintiff husband. The complaint alleged that the defendant hospital failed to properly implant the mesh and that the defendant doctor failed to discuss treatment alternatives for the prostatectomy, leading to a cause of action based on lack of informed consent. After discovery was complete, the defendants moved for summary judgment. The trial courts denied their respective motions, after which they appealed. Continue Reading ›

New York Court Discusses Medical Malpractice Versus Ordinary Negligence

Published on: September 21, 2023 | By Jeff DeFrancisco

In New York, EMTs providing ambulance services constitutes healthcare. As such, if they render their services improperly, they can be liable for medical malpractice. Not all duties performed by EMTs require an analysis of the standard of care imposed on health professionals, however, as some errors merely constitute negligence. In a recent New York case, the court discussed the difference between negligence and medical malpractice, ultimately determining that the plaintiff set forth a malpractice claim. If you were injured by inadequate medical care, it is wise to meet with a Syracuse medical malpractice attorney to determine what damages you may be owed.

Factual History of the Case

It is alleged that in May 2017, police officers had an altercation with the decedent that ultimately resulted in an officer shooting the decedent. The defendant ambulance company was dispatched to the scene to provide the decedent with emergency medical services and to transport him to the hospital following the incident.

Reportedly, the decedent passed away, after which the plaintiff filed a lawsuit against the city and the defendant ambulance company, asserting wrongful death and negligence claims. The specific claim against the defendant ambulance company alleged it negligently provided first aid and medical treatment to the decedent, resulting in his death. The defendant moved for summary judgment, arguing that the claim sounded in medical malpractice, and as the plaintiff failed to offer expert testimony in support of her claim, it should be dismissed. Continue Reading ›

New York Court Discusses Grounds for Summary Judgment in Car Accident Cases

Published on: September 13, 2023 | By Jeff DeFrancisco

Collisions involving bicyclists often cause catastrophic harm. In many cases arising out of bike accidents, defendants will often try to avoid liability by assigning fault to the plaintiff. Unless the evidence clearly demonstrates that a defendant bears no fault, however, the court will not rule in their favor as a matter of law, as illustrated in a recent New York ruling. If you or a loved one were involved in a bicycle-car collision, it is advisable to meet with a Syracuse personal injury attorney to evaluate your potential claims.

Factual and Procedural Setting

It is reported that the plaintiff, a minor, was involved in a bicycle accident when he attempted to cross a street. The accident occurred when the defendant driver collided with the plaintiff while operating a vehicle that belonged to the defendant owner. The plaintiff filed a lawsuit against the defendants, asserting that their negligence caused the accident and his subsequent injuries. The defendants responded by moving for summary judgment, arguing that they were not at fault in the accident. The trial court denied the motion, and the defendants appealed.

Grounds for Summary Judgment in Car Accident Cases

On appeal, the court reversed the trial court ruling. In doing so, it noted that a defendant seeking summary judgment in a negligence case must establish, prima facie, that they were not responsible for the accident. Moreover, the court emphasized that a driver with the right-of-way is entitled to assume that other drivers will adhere to traffic laws requiring them to yield. In cases where a driver with the right-of-way has only seconds to react to a vehicle that has failed to yield, they are not comparatively negligent for failing to avoid a collision. Continue Reading ›

New York Court Expert Qualifications in Medical Malpractice Cases

Published on: August 29, 2023 | By Jeff DeFrancisco

Medical malpractice cases often hinge on the qualifications of expert witnesses and the interpretation of applicable standards of care. As such, the disqualification of a party’s expert witness can be devastating to their case. Recently, a New York court discussed expert qualifications in a medical malpractice case in which it ultimately determined that the plaintiffs’ expert was qualified to opine on the issue of whether the defendants violated the relevant standard of care. If you were hurt due to a negligently performed procedure, it is prudent to speak to a Syracuse medical malpractice attorney regarding your possible claims.

Factual and Procedural History

It is alleged that the plaintiffs, a husband and wife, filed a lawsuit against the defendants, alleging that an improperly performed blood draw at the defendants’ laboratory facility caused the plaintiff-wife to suffer severe and permanent. The complaint sounded in failure to obtain informed consent, medical malpractice, and loss of consortium. The defendants moved to strike the plaintiff’s expert, an anesthesiologist, from testifying on the grounds that he was not qualified as an expert witness on the issue of the standard of care for the blood draw procedure.

Demonstrating an Expert Is Qualified to Testify in Medical Malpractice Cases

In this case, the admissibility of expert testimony is governed by Federal Rule of Evidence 702, which requires that an expert possess knowledge, skill, experience, training, or education relevant to the case. Rule 702 serves as a gatekeeper to ensure that expert testimony is both reliable and pertinent to the matter at hand. Continue Reading ›

New York Court Discusses Liability for Crashes Caused by Overgrown Vegetation

Published on: August 24, 2023 | By Jeff DeFrancisco

Motorists approaching intersections generally must check for oncoming traffic before proceeding. If an obstruction inhibits their vision, though, they may not be able to ensure that the way is clear. For example, if a property owner allows bushes or trees that grow adjacent to the intersection to become overgrown, they may hinder motorists’ views. Recently, a New York court addressed the issue of whether a homeowner can be liable for failing to maintain their vegetation if said vegetation allegedly causes a fatal car accident. If you lost a loved one in a car crash, it is smart to talk to a Syracuse personal injury attorney to determine what claims you may be able to pursue.

Facts of the Case

It is alleged that the plaintiff’s decedent sustained injuries in a collision between the vehicle he was driving and a vehicle owned by the defendant owner and driven by the defendant driver. The collision occurred at an intersection, where the plaintiff’s decedent encountered a stop sign while the defendant driver did not have a stop sign. The plaintiff’s decedent initiated a lawsuit to recover damages, naming the town where the accident occurred, the defendant driver and owner, and the owners of the property adjacent to the intersection as defendants.

Reportedly, the defendant property owners moved for summary judgment to dismiss the complaint, and the court granted their motion. The plaintiff plaintiff’s decedent appealed, and during the appeal, he passed away, resulting in the plaintiff taking over the case as the administrator of his estate. Continue Reading ›

Basic Facts About Birth Injuries

Published on: June 28, 2023 | By Jeff DeFrancisco

There are nearly 600 infant deaths for every 100,000 live births. While some of these deaths are the result of chromosomal abnormalities and congenital malformations, the majority are the result of medical malpractice.

Birth injury affects 6 to 8 out of every 1,000 infants born in the United States, which is why birth injury laws exist to protect babies, mothers, and their families. It can be difficult to determine why an injury occurred and who is to blame when dealing with such a traumatic event. As a result, if you are involved in an accident, it may be in your best interest to hire a birth injury lawyer. At DeFrancisco & Falgiatano, our highly experienced medical malpractice attorneys may be able to help you recover the compensation you deserve. We help clients throughout Upstate New York, 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.

A birth injury occurs when an infant is harmed because of physical pressure or pulling during the birthing process. It can occur because of the use of equipment or at the hands of a professional while delivering a baby. It usually occurs as the baby moves through the birth canal. The injuries can be temporary at times, but they can also last for years or even a lifetime. When nerves or bones are damaged, it can be extremely dangerous for an infant and their family.

Pediatric Cardiomyopathy

Published on: June 23, 2023 | By Jeff DeFrancisco

Cardiomyopathy is a heart muscle disease. A defect causes the heart muscle to become weakened, swollen, or lopsided, making it difficult for the heart to pump blood. Cardiomyopathy affects infants eight times more than any other demographic. Cardiomyopathy, like myocarditis, can lead to congestive heart failure, which is caused by fluid buildup in the heart, lungs, or other organs.

Pediatric cardiology is a special type of pediatric medicine. In general, pediatric care has very few medical errors; however, more complicated, life-threatening diseases have twice the number of medical errors as other medical complications. As children’s systems are still developing and they are generally small in size, it is difficult to predict how their systems will react to complex and invasive medical testing and treatments. Furthermore, children are frequently unable to articulate their symptoms in a detailed and understandable manner. Pediatric cardiology is a very unique condition to treat, resulting in unusual conditions that can lead to errors. Because few children suffer from cardiac problems, the overall possibility of error is low, but it does occur. However, since there are fewer patients, errors are more common in this area. As a result of less experience in treating these diseases, fewer protocols, fewer established diagnostic methods, and a lack of equipment to treat these diseases, medical errors are on the rise.

Other factors that contribute to medical errors in pediatric cardiology patients include a general lack of awareness of these problems, which frequently results in physicians failing to diagnose or consider cardiac conditions, the frailty of critically ill patients, and the fact that symptoms of heart disease can also correlate with a wide range of other possible conditions. For these reasons, pediatricians frequently test other options before considering a cardiac condition. This significantly delays diagnosis and treatment, potentially causing the child to suffer greatly or even die. If your child was harmed as a result of medical malpractice involving heart failure, you should consult with a medical malpractice attorney as soon as possible. Our highly experienced medical malpractice attorneys at DeFrancisco & Falgiatano may be able to assist you in obtaining the compensation you deserve. We serve clients throughout Upstate New York and have offices in several convenient locations. Our extensive experience in the field of medical malpractice is reflected in the results we have obtained for our clients.

Improper Use of MRI Machine Leads to Serious Injuries

Published on: June 21, 2023 | By Jeff DeFrancisco

Magnetic resonance imaging (MRI) is a medical imaging test that uses magnetic pulses in conjunction with radio wave energy to view internal organs and other areas of the body. An MRI is a specialized piece of equipment with unique requirements. The MRI is not the same as a CT scan. During an MRI, the patient’s body is placed in a unit and must remain motionless for some time while the imaging is performed. Medical personnel who operate MRI machines must be properly trained in their use.

According to a recent lawsuit, a woman was injured during an MRI procedure. The woman claims that the machine was not properly operated and that the MRI machine was too small. As a result, the woman sustained physical injuries to the left side of her body. The injuries included burns due to her placement on the equipment. The woman states that the injuries were very severe and very painful. The lawsuit does not indicate whether the injuries were permanent, however, burn injuries often require continued medical treatment including the possibility of skin grafts to repair the damage. Additionally, the woman will likely have scarring and disfigurement because of the burns to her body. These injuries could have been prevented if the technicians were more careful while operating the machine. The equipment may not have been large enough to accommodate the woman, or she may have been positioned incorrectly on the table. Whatever the reason, the woman was injured because of the negligent care she received. The medical personnel should have been more cautious and noticed that the woman was not properly aligned to fit into the machine.

When a patient suffers a serious injury because of negligent care, it is considered medical malpractice. In this instance, the woman may request damages to cover her medical expenses, lost wages, future treatments, and pain and suffering caused by the injury. If you or someone you love was injured due to an improperly performed MRI procedure, contact our office today. At DeFrancisco & Falgiatano, our highly experienced medical malpractice attorneys may be able to help you recover the compensation you deserve. We help clients throughout Upstate New York, 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.