Syracuse Personal Injury Law Blog

How can malpractice be determined in birth injury cases

Published on: February 18, 2015 | By Jeff DeFrancisco

As a parent, few things in life are as traumatic as learning that your new baby may be subject to severe or permanent damage due to a birth injury. Conditions such as cerebral palsy and Erb’s palsy can have life altering consequences and it is natural to want to hold the hospital and physicians liable for your new baby’s life sentence.

However, in holding people responsible, there must be a determination as to whether the condition is due to malpractice (which would lead to a birth injury) or a genetic or physical malady, which would suggest a birth defect.

Such a key question requires the investigation and opinion of a qualified medical expert. Essentially, the physician must be able to testify to how the condition may have been caused and must clearly show how the lack of reasonable care employed by the physicians who may be responsible for harming the child.

More than just automakers will have recalls in 2015

Published on: February 17, 2015 | By Jeff DeFrancisco

In a prior post, we highlighted the record number of vehicles that were recalled in the United States last year. According to a recent New York Times report, 803 recalls were initiated last year that covered 64 million vehicles. Indeed, a large number of recalls were due to federal regulators calling for manufacturers to take action. The National Highway Traffic Safety Administration had 123 investigations that led to recalls. The others were due to automakers calling for cars to be brought back on their own initiatives.

The notion that automakers led a majority of recall efforts should be comforting. After all, they have a legal obligation to report defects that consumers would not know about on their own and to take reasonable steps to correct them. However, the federal government was recently under fire because of the delays in investigating consumer complaints that could have led to recalls. The NHTSA recalled the fewest number of vehicles since 2010, and there were rumblings that the full extent of its legal powers were not exercised.

Aside from the epic recalls due to General Motors’ ignition switch problem and Takata Corporation’s airbag issue, arguably the most problematic (and least discussed) recall had to do with children’s car seats. More than six million car seats manufactured by Graco Corporation were recalled, along with 1.6 million seats by EvenFlo. Both manufacturers had the same problem; bulky buckles that could trap a child inside their seat in the event of an emergency.

What to ask before hiring a medical malpractice attorney

Published on: February 12, 2015 | By Jeff DeFrancisco

If you have been injured or sickened by a doctor or mistreated by hospital staff, your recovery should be your highest priority. However, negligent physicians and hospitals should be held accountable for the actions (or inaction) and a medical malpractice lawsuit may be necessary to achieve this.

Nevertheless, most people do not have any experience in hiring an attorney, and often seek referrals because of the confusion that open solicitations may present. But to pick the right law firm for your needs, it is important to ask questions. This post will highlight a few important ones that can help in determining which law firm is right for you.

How did you start handling malpractice cases? – Just as a potential jury will be interested in hearing your story, you should be interested in your attorney’s story as well. When asking about how he or she started handling malpractice cases, the attorney should be able to discuss his or her background and experience, and make you feel that he or she is experienced and capable.

Just how effective are surgical masks anyway?

Published on: February 11, 2015 | By Jeff DeFrancisco

If there is anything that is synonymous with a hospital setting, it is the surgical mask. It is almost as common for medical personnel as the standard scrubs are. The idea of a surgical mask is that it is to protect against the transmission of germs. But are surgical masks as effective as they are thought to be, especially considering the throes of flu season and the recent outbreaks of the measles?

A recent medicaldaily.com article explored that question.

Essentially, the effectiveness of a surgical mask depends on two major factors: the location of the sick individual and the method in which germs are transmitted.Â

You are ‘Not Alone’ with the BIAA

Published on: February 10, 2015 | By Jeff DeFrancisco

With a number of our posts, we describe how brain injuries can occur and how they can be prevented. In car accidents, airbags can keep people from head trauma that can occur by hitting a dashboard, steering wheel, or even a window. With sports, new equipment can disburse the impact of a blow to the head, and updated concussion protocols can reduce the chances of a player being severely injured after suffering a concussion. Also, hours of service rules can reduce the likelihood of a crash caused by a drowsy trucker.

While these things can be beneficial in preventing brain injuries, they still occur. And when they do, we have to remember that a human being still needs to be cared for, even if he or she cannot function they way that they once used to. Moreover, research still needs to be done so that those who suffer from severe brain injuries can find ways to heal and regain some of the life that was taken from them.

These are a few of the goals of the Brain Injury Association of America. Through continued advocacy and awareness, the group hopes to give those who are disabled through brain injuries a voice in policy decisions and hope for those who cannot help themselves.

Will ‘Groundhog Day’ return tomorrow?

Published on: February 8, 2015 | By Jeff DeFrancisco

While Groundhog Day was last week, it appears that Central New York is mired in a case of the same. No, people are not depending on the proximity of spring based on seeing their shadows. Rather, they seem to be stuck in the same day, just like Bill Murray was in his hit movie. The snow and ice storms that battered the region last weekend was apparently the culprit in another massive pileup.

According to a recent ABC News.com report, more than 30 cars and four semi-trucks were involved in a chain reaction crash on I-81 near Syracuse. While the crash is still under investigation, it is believed that the weather was a factor. As such, it is unknown at this time whether snow or ice caused the roads to become treacherous or whether it was driver error that led to car after car crashing into one another.

A number of pictures and videos of the accident scene made its way to the Internet, with people indicating how they felt and expressing thanks for first responders. Miraculously, no one was seriously injured.

Assessing a pregnant woman after a car accident

Published on: February 6, 2015 | By Jeff DeFrancisco

While we have focused a number of our posts on car accidents, as medical malpractice attorneys, we also handle cases where pregnancy injuries are misdiagnosed or mistreated. While it is uncommon for pregnant women to be involved in car accidents, they do occur; and in these instances, medical personnel must be ready and available to take extra precautions when assessing the extent of injuries to both mother and child.

After all, trauma is the most common form of non-obstetric deaths in the United States; and one of the most common causes of trauma is car accidents. Because of this, doctors who evaluate a pregnant woman who has been in a car accident should keep this possibility in mind to rule out potential issues.

As such this post will highlight a few things that pregnant patients should expect during a post crash evaluation.

Political clout featured at Patient Safety Movement summit

Published on: February 5, 2015 | By Jeff DeFrancisco

A recurring theme on our blog is what patients, hospitals and medical personnel can do to eliminate patient deaths. It is an important topic because of how many preventable deaths occur each year. To put it into perspective (if you haven’t followed our blog before) deaths due to hospital errors are the third leading cause of death of adults in the United States according to a 2013 study published in the Journal of Patient Safety.

With tort reform becoming such a popular political topic, it is interesting how patient safety has not necessarily been politicized…until recently. According to a recent Forbes.com report, the Patient Safety Movement has been gaining such support. At a recent summit, a number of political heavyweights pledged their support, including Vice President Joe Biden, former President Bill Clinton as well as former Surgeon General Richard Carmona.

Essentially, they put their names and political clout behind the notion of eliminating all preventable medical errors by 2020. Indeed, this may appear like a lofty goal given the number of errors (and deaths) that occur each year, but having such a united front now, and making it a high-profile political issue during the presidential election in 2016, may be the driving force needed to make meaningful change.

Wal-Mart reportedly settles wrongful death suit

Published on: February 4, 2015 | By Jeff DeFrancisco

The trucking industry is arguably suffering with the weather that is affecting the northeast. There are reports of trucking accidents throughout the region, mainly due to snowy and icy roads. It suggests that there are sometimes instances where drivers, despite their efforts to use reasonable care, can be involved in accidents.

Unfortunately, there are instances where reasonable care should have been used, and the lack of it results in an accident. In these instances, it is helpful when an offending party takes responsibility and moves to settle a lawsuit. This apparently was the case with the lawsuit stemming from a crash last summer involving a Wal-Mart truck.

The truck crashed into a limousine bus carrying comedian Tracy Morgan and his entourage. Morgan and several others were seriously injured, and fellow comedian James âJimmy Mackâ McNair was killed. After a lawsuit was filed, Wal-Mart initially claimed that it was not liable for the injuries suffered because the people in the limousine were not wearing their seatbelts.

Winter storm creates havoc on the roads

Published on: February 3, 2015 | By Jeff DeFrancisco

When you think of the phrase “oh, the weather outside is frightful” you may think about how cute the snow is during the holiday season. In the first week of February, however, the snow is just an eyesore and may be behind seasonal depressive disorder. Nevertheless, another snowstorm is bearing down on Central New York.

The band of snow is apparently massive, and stretches from Chicago to Boston. Yesterday, thousands of flights were cancelled due to the weather, and locally, schools were closed or start times were delayed. Indeed, people in this region are used to dealing with snow, but sometimes they do not pay attention to the conditions and how dangerous they may be.

Indeed, the snow on the ground is a concern, but as cars and plows go by, the concern for black ice also grows. It is not uncommon for small patches of ice to form after some snow melt freezes. This can cause unsuspecting drivers to lose control of their cars and crash.