Operating Room Noise May Contribute To Syracuse New York Medical Malpractice

May 12th, 2013 at 5:22 am by Michael A. Bottar

Syracuse New York Medical Malpractice Lawyer Report: According to research published in the May issue of the Journal of the American College of Surgeons titled “Background Noise In The Operating Room Can Impair Surgical Team Communication,” noise in the operating room — including sounds generated by loud surgical equipment, people talking, and music — can impair a surgeon’s ability to process information and, in turn, lead to mistakes. Operating room noise also affects the concentration of OR team members, including surgical physician assistants, nurses, and techs.

To determine the impact of noise in the operating room on the delivery of medical care, researchers created a noisy test environment and asked surgeons with varying degrees of experience to listen to and repeat words. The study showed that surgeons understood less when the environment was noisy, especially if there was music. ”Miscommunication and distraction are two of the leading causes of surgical malpractice, including procedures performed improperly, as well as adverse events such as retained towels, needles, pads, sponges and instruments,” said Michael A. Bottar, a medical malpractice lawyer in Syracuse, New York.

Click here to learn more about NEVER EVENTS (surgical errors that should never occur):

Bottar Leone, PLLC is a regionally respected and nationally recognized upstate New York personal injury law firm founded in 1983. Based in Syracuse, New York, with satellite offices in Albany, Watertown and Utica, the firm’s dedication to injured patients, workers, consumers and motorists has earned it repeated recognition by U.S. News and World Report/BestLawyers® as a “first tier” firm for personal injury litigation. The Firm has also been featured in Newsweek, SuperLawyers®, TIME and The Best Lawyers In America®.

To speak with a member of our experienced legal team about a serious accident, medical malpractice, construction accident, dangerous product, wrongful death, or other complex injury matter, contact us by telephone or email at 800-336-5297 or info@bottarleone.com.

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Utica Medical Malpractice Lawyers Report St. Elizabeth’s Medical Center and Faxton St. Luke’s Healthcare May Join

April 30th, 2013 at 8:25 am by Michael A. Bottar

Utica Medical Malpractice Lawyer Report: According to an article published today in the Utica Observer-Dispatch titled “Hospital Partnership Not Likely This Year,” St. Elizabeth’s Medical Center may partner with Faxton St. Luke’s Healthcare if they receive approval by the New York State Department of Health (“DOH”), the Federal Trade Commission, the Sisters of St. Francis of the Neumann Community, the bishop of the Roman Catholic Diocese and both hospital boards. According to the article, the two hospitals are considering an affiliation in response to “declining reimbursements, unfunded mandates and tough regulations.”

“Hopefully these hospitals are also considering a partnership to improve the quality of patient care,” said Utica hospital negligence lawyer Michael A. Bottar, Esq., of Bottar Leone, PLLC. A search of the DOH website reveals that St. Elizabeth’s Medical Center is a 201 bed facility that, between January 1, 2005 and March 31, 2012, received 42 citations as a result of 23 investigations by the DOH (44 investigations resulted in no citations), including deficiencies in nursing services, surgical services, pharmaceutical services, emergency services, medical staff accountability, and incident reporting. A search of the DOH website also reveals that Faxton St. Luke’s Healthcare is a 346 bed facility that, between January 1, 2005 and March 31, 2012, received 80 citations as a result of 33 investigations by the DOH (69 investigations resulted in no citation), including deficiencies in nursing services, infection control, emergency services, respiratory care services, and incident reporting.

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New York Grain Silo Wrongful Death Risk High For Workers Walking The Corn In Bins

March 28th, 2013 at 8:40 am by Michael A. Bottar

New York Grain Silo Wrongful Death Report: According to an NPR and Public Integrity article titled “Fines Slashed In Grain Bin Entrapment Deaths,” regulatory fines that follow an injury or death that takes place inside of a grain silo or bin are frequently reduced.

“Walking down corn” is a practice where workers are sent into a grain silo or bin, often many stories high, to walk around and prevent grain from sticking to the walls or clogging the auger mechanism. It is a dangerous practice because the workers are walking around inside of a confined space with unstable footing. Periodically, the grain drops and workers may fall, become trapped under the grain, and suffocate or be injured by the auger. Usually, the workers are very young – often in their teens. For many years, the practice has been outlawed by state and federal regulations. “Despite violation enforcement by OSHA, workers each year suffer severe injuries or are killed,” said Michael A. Bottar, a Syracuse personal injury lawyer representing injured workers and laborers throughout the State of New York.

In the State of New York, a worker injured inside of a grain silo is entitled to Workers’ Compensation benefits for lost wages and medical bills, but cannot sue his or her employer for pain and suffering and other damages unless the employer was “grossly negligent.” New York Courts define “gross negligence” as an intentional or deliberate act of an employer intended to cause harm to an employee. “Depending upon the circumstances of the injury or death, an employer could be held liable for sending an employee into harm’s way inside of a silo,” Bottar added.

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Posted in Construction Accident, Work Injury, Wrongful Death | Add your comment

Failure to Diagnose Hip Dysplasia In Newborn May Be Medical Malpractice In New York

March 25th, 2013 at 8:07 am by Michael A. Bottar

Failure To Diagnose Hip Dysplasia Report: Developmental dysplasia of the hip (DDH), also known as hip dysplasia, is the name for a number of conditions that affect the formation and function of a child’s hip socket. Hip dysplasia can be one-sided (i.e., unilateral) or affect both sides (i.e., bilateral), and may range from mild to severe. In mild form, the ligaments and other soft tissues that stabilize the hip are loose and may allow the femur to move around inside of the socket. In severe cases, the hip may be grossly dislocated.

Newborns and children at greatest risk for dysplasia are females (85%), first-borns, babies born breech, and babies that faced intrauterine crowding or malpositioning. The left hip is affected more than right, due to pressure against the maternal sacrum. While the precise cause of hip dysplasia is not well known, it may be hereditary. Some research, such as an article published in PEDIATRIC ORTHOPEDICS titled “Does Swaddling Influence Developmental Dysplasia of the Hip?,” suggests that early and prolonged swaddling may play a role. Common signs and symptoms of hip dysplasia in newborns and children include:

a hip joint that “clicks” or “clunks,”
leg length discrepancy (one leg shorter than the other),
extra folds of skin on the inside of the thighs, and
walking with a limp or on the toes of one foot.

Hip dysplasia is diagnosed clinically by performing the Barlow and Ortolani tests, which may cause a poorly positioned hip to “click.” If a hip clicks, a physician should order an ultrasound or x-ray to determine the shape of the hip joint. “Good and accepted standards of medical care require a pediatrician to test for and treat hip dysplasia in newborns,” said Michael A. Bottar, a Syracuse medical malpractice lawyer. “This is because early treatment leads to good reduction of the joint and excellent recovery; whereas, delayed treatment – even by a few months – can lead to corrective surgery and a lifetime of complications, including hip replacement and arthritis.” The exact treatment for hip dysplasia depends upon the age of diagnosis and severity of the condition. Generally, treatment modalities include:

splinting (i.e., Pavlick harness),
casting (i.e., spica cast),
bracing, and
surgery.

Click here to learn more about the Bottar Leone, PLLC hip dysplasia misdiagnosis lawyers:

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New York Emergency Room Stroke Misdiagnosis Could Decline With Simple Test

March 24th, 2013 at 9:14 am by Michael A. Bottar

New York Emergency Room Stroke Misdiagnosis Report: According to a recent study led by Johns Hopkins Medicine, a bedside electronic device that measures eye movements rapidly can determine whether a dizzy patient is suffering from a stroke or something benign. The device is discussed in an article published in the journal STROKE titled “Quantitative Video-Oculography to Help Diagnose Stroke in Acute Vertigo and Dizziness: Toward an ECG for the Eyes.” To differentiate between a dangerous stroke and a diagnosis like vertigo, the patient wears goggles connected to a computer that records eye movements that physicians may be unable to detect. Researchers report that the system is “nearly perfect.”

“This simple test may save hundreds of millions of dollars in costly medical tests presently used to diagnose a stroke and, at the same time, it could also prevent the misdiagnosis of as many as 100,000 strokes a year,” said Michael A. Bottar, a New York emergency room stroke misdiagnosis lawyer. The failure to timely diagnose and treat a stroke can have devistating consequences for a patient, including

one-sided paralysis (i.e., hemiplegia or hemiparesis),
vision loss,
memory loss,
cognitive impairment,
speech impairment,
emotional problems,
suicidal thoughts, and
central stroke pain.

Generally, stokes occur for two reasons: (1) bleeding (i.e., hemorrhagic), or (2) lack of blood flow (i.e., ischemic). Depending upon the type of stroke, immediate treatment may be critical as there are medications (e.g., tissue plasminogen activator) and surgical interventions (e.g., clipping, coiling) that, if timely administered or performed, can save brain tissue before death and permanent neurological injury. Signs and symptoms of a stroke include:

sudden numbness or weakness affecting the face, arm or leg (usually on one side of the body),
sudden vision change (or loss of vision),
sudden trouble speaking,
sudden confusion (or difficulty understanding simple conversations),
sudden balance problems, and
sudden severe headache.

Click here to learn more about the Bottar Leone, PLLC stroke misdiagnosis lawyers:

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Posted in Emergency Room Errors, Medical Malpractice | Add your comment

Syracuse Brain Injury Lawyer Commends NASCAR For Neurological Testing

March 23rd, 2013 at 8:13 am by Michael A. Bottar

Syracuse Brain Injury Lawyer report: Brain injuries are common, affecting approximately 1.7 million people each year. An injury to the brain can happen in a number of ways. The leading causes of brain injury are: (1) falls, (2) motor vehicle accidents, (3) and “struck-by” events. Other causes of brain injury include hypoxia (i.e., lack of oxygen) and ischemia (i.e., lack of blood flow).

In a healthy brain, nerve cells called neurons form tracts that travel throughout the brain. These nerve tracts carry messages which are used to perform functions, such as telling the body to breathe, or the heart to beat. These messages also control personality, behavior, and senses like balance, vision, hearing, taste, smell and touch. “Even minor injury to the axons of the brain can cause serious impairments and deficits which, for some people, may never resolve, ” said Michael A. Bottar, a Syracuse brain injury lawyer.

In an effort to learn more about and protect against brain damage, NASCAR is recommending that race car drivers take a baseline concussion test before the season. The test – which is intended to identify brain function before an injury so doctors can provide appropriate car following a crash – may be mandatory for all drivers by 2014. Additional information can be found in recent New York Times article titled “Concussions In NASCAR Gain Drivers’ Attention.”

According to news reports, many race car drivers report concussions following high-speed impact as well as prolonged concussion symptoms, such as:

headache;
amnesia;
confusion;
dizziness;
nausea and vomiting;
slurred speech; and
fatigue.

Click here to learn more about the Bottar Leone, PLLC brain injury lawyers:

Bottar Leone, PLLC is a regionally respected and nationally recognized upstate New York personal injury law firm founded in 1983. Based in Syracuse, New York, with satellite offices in Albany, Watertown and Utica, the firm’s dedication to injured patients, workers, consumers and motorists has earned it repeated recognition by U.S. News and World Report/BestLawyers® as a “first tier” firm for personal injury litigation. The Firm has also been featured in Newsweek, TIME, SuperLawyers®, and The Best Lawyers In America®.

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Syracuse Retained Sponge Lawyer On Statistics For Never Events

March 22nd, 2013 at 1:03 pm by Michael A. Bottar

Syracuse Medical Malpractice Lawyer Report: The phrase “never event” was coined in 2001 by Ken Kizer, M.D., to describe medical mistakes that should “never” occur. Examples of never events include:

surgery performed on the wrong patient;
wrong surgery performed;
wrong site surgery;
retained objects (e.g., sponges, laparotomy pads,
certain medication errors.

According to a recent Johns Hopkins study published in Surgery, never events are actually common. Research from the study suggests that as many as 80,000 never events occurred in American hospitals between 1990 and 2010. On average, that amounts to 4,000 errors a year, or almost 11 per day. “The study is significant because never events are 100% preventable if healthcare providers follow well-established policies and procedures intended to safeguard patients,” said Michael A. Bottar, a medical malpractice lawyer in Syracuse. “This means that 11 times a day someone, somewhere, cut a corner.” The study also revealed that the “never events” reported caused death in 6.6 percent of patients, permanent injury in 32.9 percent of patients, and temporary injury in 59.2 percent of patients.

Medicare also tracks “never events” and recently made data available to public through a database known as “Hospital Compare” available at www.medicare.gov. According to the Medicare website, a number of central New York hospitals reported “objects accidentally left in the body after surgery” at rates far in excess of the national average of 0.028 per 1,000 discharges:

St. Joseph’s Hospital, Syracuse (none reported)
University Hospital, Syracuse .257
Crouse Hospital, Syracuse .201
Faxton-St. Luke’s Healthcare (none reported)
St. Elizabeth’s Medical Center, Utica .172
Samaritan Medical Center (none reported)

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Syracuse Wrongful Death Lawyers Discuss GPS Ankle Monitor Lawsuits

March 21st, 2013 at 11:33 am by Michael A. Bottar

Syracuse Wrongful Death Lawyer Report: In 2003, a Colorado company called BI, Inc., a manufacturer of electronic GPS ankle monitors used by law enforcement to track the position of criminals on bail or parole, paid the family of a Texas woman $200,000 for its role in the death of a woman killed by her ex-boyfriend who managed to remove his ankle bracelet. Following the brutal murder of a Syracuse woman on March 20, 2013, the company could be facing another negligence and wrongful death lawsuit.

According to news reports, it took one minute for the man who killed Lori Bresnahan, and assaulted her 10 year old daughter, to remove his GPS ankle bracelet. Shortly thereafter, the man went to a local mall and committed several heinous crimes. “An individual or company is negligent where he/she/it fail(s) to exercise the care that a reasonably prudent person/company would exercise in like circumstances, said Michael A. Bottar, Esq., a Syracuse personal injury lawyer. “In this case, whether BI, Inc., knew or should have known that its ankle bracelet could be quickly disabled, and whether it timely notified law enforcement about the lack of bracelet movement, may be the focus of a negligence and wrongful death lawsuit.” Bottar added, “apparent instructions from court officers to BI, Inc., not to notify the officers about brief interruptions in service may also be scrutinized.”

Click here to learn more about the Bottar Leone, PLLC wrongful death lawyers:

Bottar Leone, PLLC is a regionally respected and nationally recognized upstate New York personal injury law firm founded in 1983. Based in Syracuse, New York, with satellite offices in Albany, Watertown and Utica, the firm’s dedication to injured patients, workers, consumers and motorists has earned it repeated recognition by U.S. News and World Report/BestLawyers® as a “first tier” firm for personal injury litigation. The Firm has also been featured in Newsweek, TIME, SuperLawyers®, and The Best Lawyers In America®.

To speak with a wrongful death lawyer in Syracuse about a serious negligence, medical malpractice, construction accident, dangerous product or other complex injury matter, contact a member of our experienced legal team by telephone or email at 800-336-5297 or info@bottarleone.com.

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Posted in Municipal Liability, Negligence, Wrongful Death | Add your comment

Syracuse Van Accident Lawyers Review Highway Crash On 380 Near Binghamton

March 2nd, 2013 at 1:35 pm by Michael A. Bottar

Syracuse Van Accident Lawyer Report: According to a Syracuse.com article titled “Syracuse Bus Company’s Van Was Speeding, Carrying Too Many People,” a van that crashed on Interstate 380 outside of Binghamton on February 26, 2013 was loaded 15 passengers and traveling in excess of the speed limit when it struck the median and a tree in Coolbaugh. Whether the speed of the van and number of occupants caused or contributed to the accident is under investigation. The driver of the 2012 Mercedes Sprinter passenger van, which was operated by Universal Bus Travel Inc., was charged with homicide, involuntary manslaughter and other offenses. The van crash killed one and injured fifteen others.

Common carrier accidents involving buses and vans occur every day. Because of overcrowding and, frequently, the absence of seat belts (or lack of use), bus and van crashes often lead to fatalities. Although bus crash fatalities are far fewer than automobile fatalities, a 2009 study suggests that more than 200 fatal bus accidents occur every year. Common carrier accidents are a growing concern for the Federal Motor Carrier Safety Administration, which has created a bus crash causation study to track the causes of, and factors contributing to, crashes involving commercial motor vehicles. The database, which can be found by clicking here, reveals that the most common explanations for crashes include:

driver inattention;
driver distraction;
inadequate surveillance;
following too closely;
speed unsafe for conditions; and
unsafe maneuvers.

“Accidents like this, involving a van or bus traveling at a high rate of speed, are more complicated than a stop sign fender-bender,” said Syracuse van accident lawyer Michael A. Bottar, Esq., of Bottar Leone, PLLC. ”In the days and weeks following a crash like this it is important to secure evidence, including eye witness testimony, and black box data,” Bottar added. ”Without this type of information, it can be challenge to determine whether the crash was due to negligence, such as speeding, or whether variables beyond the driver’s control led to a loss of control.”

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New York State Thruway Accident Lawyers Review Utica Tractor Trailer Crash

February 11th, 2013 at 9:21 pm by Michael A. Bottar

New York State Thruway Accident Lawyer Report: Westbound travel along the New York State Thruway has been restored following a crash involving a big rig and a tandem tractor-trailer in the Town of Herkimer, just east of Utica. Despite the number of tractor trailers and motorists that utilize the 570 miles of the New York State Thruway every day, I-90 is a relatively safe roadway with only 31 fatal accidents in 2010. Statistically, the fatality rate along the Thruway (0.41) is well-below the national average as calculated by the National Highway Traffic Safety Administration’s National Center for Statistics and Analysis .

New York State Thurway tractor trailer accident lawyers

An accident along the New York State Thruway can occur for a number of reasons, including the failure to follow the Thruway Authority “rules of the road” that include:

no speeding;
no U-turns;
no stopping or parking in travel lanes;
no hand-held cell phone use;
keep right;
use turn signals; and
stay awake.

“In our experience, New York State Thruway accidents occur for a number of reasons,” said Michael A. Bottar, a NY Thruway tractor trailer accident lawyer. Those reasons include:

distracted driving;
speeding;
drunk driving;
reckless driving;
weather (e.g., rain, snow, ice and fog);
unsafe lane changes;
night driving;
wrong-way driving;
improper turns;
tailgating;
tire blowout;
potholes; and
roadway defects.

Click here to learn more about the Bottar Leone, PLLC New York State thruway accident lawyers:

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« Older Posts

Operating Room Noise May Contribute To Syracuse New York Medical Malpractice

Utica Medical Malpractice Lawyers Report St. Elizabeth’s Medical Center and Faxton St. Luke’s Healthcare May Join

New York Grain Silo Wrongful Death Risk High For Workers Walking The Corn In Bins

Failure to Diagnose Hip Dysplasia In Newborn May Be Medical Malpractice In New York

New York Emergency Room Stroke Misdiagnosis Could Decline With Simple Test

Syracuse Brain Injury Lawyer Commends NASCAR For Neurological Testing

Syracuse Retained Sponge Lawyer On Statistics For Never Events

Syracuse Wrongful Death Lawyers Discuss GPS Ankle Monitor Lawsuits

Syracuse Van Accident Lawyers Review Highway Crash On 380 Near Binghamton

New York State Thruway Accident Lawyers Review Utica Tractor Trailer Crash

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