Central New York Injury Lawyer Blog

Syracuse Medical Malpractice Lawyer Explains: Medical Malpractice Is Killing Us.

October 25, 2009 | by Michael Bersani

I recently read an article entitled “Deadly Mistakes that Plague Hospitals” by William Campbell Douglass II, M.D. According to the article, there are 400,000 preventable drug-related injuries every year and there is a 1-in-30 chance that your prescription will be filled out wrong. A lot of these are blamed on poor handwriting scrawled out onto prescriptions. Another article I have read, “Dead by Mistake” reports that medical errors cause about 200,000 preventable deaths every year in the United States, which includes many Syracuse area medical malpractice deaths each year. That’s more than the deaths from diabetes, Alzheimer’s, the flu, and pneumonia all combined!.

I am convinced that one reason for these amazing statistics is medical arrogance. Humble people learn from their mistakes. Arrogant people never learn from their mistakes because they don’t believe they can make mistakes. I am not saying that all doctors are arrogant, but the American medical establishment, which seems to have a personality of its own, is arrogant.

The medical establishment does not sufficiently castigate and weed out bad doctors. Instead, it protects them. When a doctor makes a consequential mistake in a hospital, a small group of other doctors conducts a “peer review” of his or her actions. But if wrong-doing or negligence is found, the peer review group usually meets out a mere wrist-slapping rather than consequential penalties. To add insult to injury, the complaints and investigation records are, unlike police and other such records, kept sealed and confidential.

Can My Lawyer Lend Me Money During My Personal Injury Claim?

October 25, 2009 | by Michael Bersani

So you’re hurt and out-of-work through no fault of your own. You hired a good injury lawyer to bring a claim against the responsible parties. You lawyer says you’ve got a strong case, but meanwhile you’ve got no money coming in and those bills keep piling up. So what do you do? Hey, you’ve got an idea — your lawyer can front you some money against that future settlement you’ll eventually get!

Only one problem: He can’t. The New York State Bar ethical rules just won’t allow it. If he does, and he gets caught, he can lose his license to practice law. Not long ago, a big injury law firm, with a huge advertizing presence, out of Western New York State had one if its two senior partners suspended from the practice of law because he was involved in lending money to his injured clients.

Why is it considered wrong for your injury lawyer to lend you money? The problem is that when your lawyer becomes your lender, a conflict of interest arises. Your lawyer is supposed zealously represent you in your claim for compensation without being derailed by self-interest concerns. But if you owe him money, his self interest might interfere with his doing what is right for you. For example, if he wants to make sure he gets repaid, he might be tempted to talk you into settling your case for less than it is really worth to avoid the risk of losing at trial and not getting repaid.

Onondaga County Cyclist Struck and badly Injured

October 15, 2009 | by Michael Bersani

A horrific bicycling accident took place in Onondaga County a few weeks ago. The poor guy was riding his “road” bike, that is, a racing style bicycle, along a State Route 20. He was doing everything right; had his helmet on, was wearing proper bright clothing, was riding on the right side of the road near the shoulder. As he approached an intersection, he was traveling a few car lengths behind, and to the right of, a car. Another car coming in the opposite direction allowed that car to pass through the intersection, and then, without seeing the cyclist, turned left into him. The injuries are horrible. This young man will be disabled for life, and will have a lifetime of pain and suffering. He will need major reconstructive surgery.

The case reminds me again of how dangerous bicycling on public roads is. It is a risk that I myself, and one of my partners, Lee Michaels, take on a regular basis — we are both avid cyclists. That’s one reason why we have become passionate central New York bicycle accident attorneys. Lee has had several close calls — and injuries, including fractures, from biking accidents. I have been luckier, but maybe that’s because I haven’t been biking as long. Why do we do it? Why does anyone do any hobby? We love it! It’s great exercise, you get marvelous views of the incredible Finger Lakes region where we live and work, and you meet great people with the same interest.

Yes, cycling is dangerous. But then again, so is life (you never get out of it alive!). The trick is to try to minimize the risks (but you can’t eliminate them all). One way to do so when bicycling is to realize that many motorists simply fail to “see” cyclists. We are invisible to them! To be on the safe side, we cyclists must always assume we are invisible. Unless you actually make eye contact with a motorist, don’t assume he sees you. Just because you have the right of way doesn’t mean you should go — ride defensively! For other bicycle safety tips, go to the FAQ page of our website .

Syracuse Injury Attorney Explains Why He Does Not Accept “Frivolous” Cases

October 14, 2009 | by Michael Bersani

When people ask me what I do for a living, and I tell them I am a personal injury lawyer, they sometimes roll their eyes, tell me a lawyer joke, or wag their finger at me about all the “frivolous” lawsuits us injury lawyers bring. My response to the “frivolous” lawsuits remark is simple and straightforward: Neither my law firm nor I ever accept frivolous cases. We reject every single one from the outset. Why?

First, we are fortunate enough to have a full plate of legitimate claims representing honest people injured through the negligence or wrongdoing of others. Our reputation attracts good cases, so why would we want to take bad ones? Because we successfully attract good cases, we don’t have to accept bad ones.

Second, taking frivolous cases is bad business. You have to be a dishonest lawyer, who is prepared to misrepresent or exaggerate facts and law, to even have a chance at prevailing with a frivolous lawsuit. But if you are dishonest even once, if you misrepresent the facts or law even once, your reputation with insurance adjusters, judges and defense lawyers is affected not just once, but forever. After that, when you bring legitimate cases, the insurance adjusters, defense lawyers and judges will all mutter under their breath, “there he goes again with another one of those cases”. If you get a reputation for bringing frivolous claims, you are less likely to be able to settle your legitimate cases because even those cases may be perceived as frivolous. As the saying goes, “your reputation precedes you.”

Why This Central New York Injury Lawyer Represents Injured “Illegal” Aliens

October 10, 2009 | by Michael Bersani

I represent many “illegal” immigrant farm workers in their personal injury claims. Why?

First, I speak fluent Spanish. I am married to a Guatemalan. We speak Spanish at home with our children. It is only natural that injured Spanish speakers in Central New York would seek out the only Spanish speaking injury lawyer in all central New York counties, including Onondaga, Seneca, Oswego, Ontario, Tioga, Orleans, Wayne and Jefferson Counties. And all these counties have an abundance of Mexican and Guatemalan farm workers tending to our apple orchards, grape vineyards and onion fields.

Second, about one half of all Mexican and Guatemalan farm workers in this area are “illegal”. Actually, I prefer the term “undocumented” immigrants to “illegal”. No person is “illegal”. Crossing the border without legal permission to do so is not a crime, nor is working or living here without legal permission. These are considered civil violations, not criminal ones. That is why when an undocumented immigrant is apprehended, he is not tried for a crime or given a prison sentence. Instead he is merely deported or “removed”, which means he is sent back to his country.

Please Allow Me to Introduce Myself: Mike Bersani, Your Central New York Injury Law Blogger.

October 5, 2009 | by Michael Bersani

Please allow me to introduce myself: Mike Bersani, your Central New York Injury Law Blogger.

I am a personal injury lawyer in Central New York with the law firm of Michaels Bersani Kalabanka We have our law offices are in Auburn, New York, which is in Cayuga County, just north of Owasco Lake, and a satellite office in Liverpool, New York, Onondaga County. I live in Geneva, New York, Ontario County, right on the northern tip of Seneca Lake. To get between my office and home, I drive through Seneca County, passing first through Seneca Falls, across the northern tip of Cayuga Lake, and then through Waterloo in Seneca County. We handle all types personal injury cases, car and truck accident cases, defective product cases, medical malpractice and legal malpractice cases all over New York State, but mostly in upstate, and more than anywhere else in Onondaga County, Monroe County, Cayuga County, Ontario County, Seneca County, Oswego County, Wayne County, Yates County, Orleans County, Thomkins County, Chemung County, Erie County and Jefferson County. You can read all more about me on the bio page of my firm’s website.

Why have I joined the law-blogosphere? Well, to be honest, one big reason is that I learned blogging would give my personal injury law firm a higher ranking with the search engines so that potential clients would find me easier online. Another reason — I love writing.