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Medical malpractice is a general term that describes a treatment, or lack of treatment, that violates good and accepted standards of medical care. To prevail in any New York medical malpractice case, the plaintiff (i.e., the patient/family) must prove three things: (1) Negligence (2) Causation (3) Injury   True medical malpractice exists when the negligent act or omission of a medical provider or health care specialist directly causes significant and permanent harm, or wrongful death.  Therefore, when initiating a claim for medical malpractice in New York, it is critical to evaluate the supporting evidence to ensure a meritorious lawsuit that can be successfully pursued in civil court. Although any medical error could result in a New York medical malpractice lawsuit, the occurrence of a medical error does not necessarily mean that the patient has a case, or that the case should be tried before a judge or jury. For example, if there is a negative outcome without a meaningful error, or a medical error that causes inconsequential personal injury, the costs associated with prosecution of a claim may outweigh any potential recovery. Meritorious claims require skilled, experienced and well-credentialed legal counsel to prove that negligent medical care caused harm, disability, or death, and to secure appropriate compensatory damages.  New York medical malpractice lawyers Josh Gillette and Janet Izzo have the skills and experience you can depend on.   How often does medical malpractice occur? Statistically, actionable medical malpractice is relatively uncommon given the daily volume of patient medical services. However, when it does occur, the results can be catastrophic. In 1991, a Harvard Medical Malpractice Study titled “Incidence of Adverse Events and Negligence in Hospitalized Patients” was published in the New England Journal of Medicine. The study’s authors reviewed more than 30,000 patient records from hospitals throughout New York State.  They found that “adverse events” occurred in 3.7% of hospitalizations (1133 events) and that 27.6% (280 events) were due to medical negligence. In 2006, additional medical malpractice statistics were published in the New England Journal of Medicine in an article titled “Claims, Errors, and Compensation Payments in Medical Malpractice Litigation.” The authors reviewed 1400 closed malpractice claims from five malpractice insurance companies, ultimately concluding that 80% of claims resulted from “significant physical injury,” “major physical injury,” or death, and that the majority of these claims were the consequence of a medical error. In an effort to track adverse events and improve patient safety, the Joint Commission on Accreditation of Healthcare Organizations (JCAHO) created the sentinel event database.  This data is from hospital reports of a “patient safety event” that results in death, permanent or severe temporary harm, or medical intervention to sustain life. The last published review of the database revealed 2966 events.  These events include 370 wrong-site surgeries, 365 operative/post-operative complications and 326 medication errors, 221 deaths due to a delay in treatment, 144 patient falls, 124 deaths of patients in restraints and 85 transfusion-related events.  Additionally, reports of 57 infection-related events, 51 fires, and 49 anesthesia-related events.   What are the most common types of medical malpractice? Common medical errors encompass everything from surgical errors, hospital negligence, and emergency room mistakes, to improper diagnosis/treatment or cancer misdiagnosis or misreading of diagnostic imaging results (e.g., x-rays, MRI, CT).  Additionally, they include failure to timely diagnose and treat a stroke or heart attack, birth injuries, emergency room mistakes, improper diagnosis, cancer misdiagnosis, labor and delivery complications, retained foreign objects, surgical errors, prescription medication errors, negligent discharge, and misreading of diagnostic imaging (e.g., x-rays, MRI, CT). Across all medical fields, approximately 7% of all physicians have a claim brought against them each year. Statistically, the medical specialties with the most malpractice claims are neurosurgery, cardio-thoracic surgery, obstetrics/gynecology, general surgery, plastic surgery, gastroenterology, urology, emergency medicine, orthopedic surgery, and internal medicine. However, medical malpractice can occur in any medical discipline, and for any reason, including: anesthesiology bedsores birth injuries cardiology emergency medicine family practice failure to diagnose hospital negligence gastroenterology gynecology infections internal medicine intravenous fluid contamination informed consent medication errors nurse midwifery neurology nursing obstetrics oncology orthopedic surgery otolaryngology pediatrics radiology surgery urology

Any delay in diagnosing cancer can have devastating, if not deadly, consequences. An illness that goes undiagnosed or misdiagnosed causes you to lose valuable time. Life-saving treatment options and a chance for a cure become limited. New York medical malpractice attorneys Josh Gillette and Janet Izzo serve as dedicated advocates at your side. They empower clients to become their advocates by having them take an active role in their claims. We have handled cases for failure to timely diagnose and treat, failure to properly treat, failure to test properly, and all types of negligence regarding diagnosing and treating cancer. We have handled cases for many types of cancers, some of which are included below. *Important change: After the passing of a recent New York State Statute, the statute of limitations for medical malpractice cases related to the negligent diagnosis or treatment of cancer is 2 ½ years from when the patient learned or should have learned, they had cancer. Protect Your Rights Following A Delayed Diagnosis Of Cancer Instead of waiting for a doctor’s telephone call, educate yourself on both your medical and legal options. Protect your health. Protect your rights with a call to our Syracuse-based law firm. We handle cases regarding all types of cancers, which include: Colon cancer — Colon cancer is curable thanks to medical advances and timely diagnosis from an oncologist. Failing to diagnose or misdiagnosing colon cancer can result in a range of medical issues from a colostomy bag to the disease advancing outside of the colon. Cervical cancer — Historically, women have relied on receiving test results from a pap smear. When a physician does not follow up with results, they presume a clean bill of health. Being your own advocate requires you to proactively seek test results to see if you have cervical cancer. From there, you need to take the legal steps necessary to file a claim within the statute of limitations. Breast cancer — Sadly, breast health clinics and medical imaging groups are more famous for their false negatives and other errors. Unreliable mammogram testing (recommended for women every two years) within certain segments of the population can have devastating and life-changing consequences. Kidney cancer - When a patient visits a doctor or health care provider complaining of symptoms associated with kidney cancer, and the doctor fails to investigate further or run tests to rule out the potentially deadly disease, major consequences can result. Prostate cancer - Since prostate cancer progresses very slowly, warning symptoms may never appear until it is too late. Physicians must use the utmost care when properly evaluating patients for any signs or symptoms that may indicate the possibility of prostate cancer. Lung cancer - A failure to diagnose lung cancer early in its progression could mean the loss of time to provide valuable, life-saving treatments.  Gastrointestinal cancer - Every year, over 26,000 people in the United States receive a gastrointestinal cancer diagnosis. One of the harmful agents responsible for this disease is asbestos.  At Gillette & Izzo Law Office, you are an important part of our legal team. Educating yourself and documenting your test results can help you make informed decisions. Those facts can also strengthen a cancer misdiagnosis claim should you be diagnosed with cancer in the future. Do Not Wait To Let An Experienced Lawyer Answer Your Questions Get your questions answered by an attorney experienced handling cancer misdiagnoses. We offer a free initial consultation at our Syracuse office. Schedule your consultation today by filling out our intake form or calling Gillette & Izzo Law Office at 315-421-1000. We handle cases involving a misdiagnosis or delayed cancer diagnosis on a contingency fee basis, so you only pay legal fees if we successfully recover compensation in your case.

Quick, yet informative decisions must be made during the delivery of a newborn, and a birth injury lawyer can help review your situation. Qualified obstetricians and other medical staff must be attentive and ready to respond to ever-changing conditions.   When a trusted physician fails to protect your health and the health of your baby, New York medical malpractice attorneys Josh Gillette and Janet Izzo pursue compensation for a child suffering serious, often permanent injuries. Injuries to the newborn or fetus can be the result of pre-eclampsia, the use of forceps or vacuums to assist in delivery, breech presentation, fetal distress or abnormalities with the umbilical cord. Birth Injury Lawyer Insights The Neurologically Impaired Infant’s Fund (NIIF) was enacted to protect New York-based hospitals from financial damages when a fetus or newborn suffers injury. More importantly, the fund provides lifetime medical care for newborns with cerebral palsy, Erb’s palsy, dystocia, or any other neurological injury. Children who can no longer meet important milestones in walking, talking, bathing, and toilet training have the funds necessary for speech, physical, and occupational therapy throughout their lives. The process of filing a birth injury claim, however, remains the same. The lawsuit is filed and continues until a trial or settlement can be reached. Payment through the NIIF comes when we reach an agreement. Our team has presented Continuing Legal Education courses for other attorneys across the state on the Neurologically Impaired Infant Fund and the handling of these types of cases. Common Types of Birth Injuries in Syracuse We Handle Gestational Diabetes Gestational diabetes develops during pregnancy when the body cannot produce enough insulin to regulate blood sugar levels. This condition typically emerges between the 24th and 28th weeks of pregnancy and requires careful monitoring and management by healthcare providers. When doctors fail to diagnose or properly manage gestational diabetes, serious complications can arise. Uncontrolled blood sugar levels can cause the baby to grow excessively large. This significantly increases the risk of shoulder dystocia during delivery. And this occurs when the baby's shoulders become stuck in the birth canal. This potentially leads to brachial plexus injuries, fractured bones, and oxygen deprivation. Medical malpractice involving gestational diabetes may include: failure to perform standard glucose screening tests, inadequate monitoring of blood sugar levels, failure to recommend appropriate dietary changes or insulin therapy, or failure to consider cesarean delivery when the baby shows signs of macrosomia. Healthcare providers must recognize risk factors such as maternal obesity, family history of diabetes, and previous delivery of a large baby, and take appropriate preventive measures. Preeclampsia Preeclampsia is a serious pregnancy complication characterized by high blood pressure and signs of organ damage. This condition usually develops after the 20th week of pregnancy and requires immediate medical attention. The goal is to prevent life-threatening consequences for both mother and baby. Early symptoms include: persistent severe headaches, vision changes, upper abdominal pain, sudden swelling of the face and hands, shortness of breath, and protein in the urine. Without proper diagnosis and treatment, preeclampsia can progress to eclampsia, which involves seizures and can be fatal. Medical negligence in preeclampsia cases often involves failure to monitor blood pressure at routine prenatal visits or dismissing patient complaints of symptoms.  Maternal Infections Infections during pregnancy pose significant risks to the developing fetus and can lead to severe birth injuries if not properly diagnosed and treated. Group B Streptococcus is a bacterial infection found in approximately 25% of pregnant women. While typically harmless to the mother, GBS can be transmitted to the baby during delivery, causing pneumonia, meningitis, and sepsis.  Chorioamnionitis is an infection of the amniotic fluid and membranes surrounding the baby. This serious infection can trigger preterm labor, cause fetal oxygen deprivation, and lead to brain injury. When infections cause an inflammatory response in the mother's body, cytokines are released that can inhibit fetal brain and stem cell development. Additionally, maternal fever can directly harm the developing fetus. Healthcare providers have a duty to perform routine screening, promptly investigate reported symptoms, and provide timely treatment. Preterm Labor Preterm labor occurs when regular contractions begin to open the cervix before 37 weeks of pregnancy. Babies born prematurely face serious health risks that increase with earlier delivery, including: respiratory distress syndrome, chronic lung disease, cerebral palsy, developmental delays, vision and hearing problems, and feeding difficulties. While not all preterm labor is preventable, medical negligence can contribute to premature birth. This includes failure to diagnose and treat infections like: chorioamnionitis or urinary tract infections, inadequate management of high-risk conditions such as preeclampsia or gestational diabetes, failure to recognize signs of cervical insufficiency, delayed response to placental abruption, improper prescribing of medications that trigger early labor, and failure to administer corticosteroids to mature the baby's lungs when preterm birth is imminent. Healthcare providers must identify risk factors for preterm labor, including previous premature delivery, carrying multiples, uterine abnormalities, and certain infections. When warning signs appear, immediate intervention with bed rest, medications to stop contractions, or hospitalization may prevent premature birth and its associated complications. Brachial Plexus Injuries During difficult deliveries, excessive pulling, twisting, or lateral traction on the baby's head and neck can stretch or tear these delicate nerves. Erb's palsy, the most common form of brachial plexus injury, involves the upper brachial plexus and results in weakness or paralysis of the shoulder and elbow. More severe injuries affecting all nerve roots can cause total arm paralysis.  Medical malpractice in these cases often involves failure to recognize risk factors for shoulder dystocia. The failure to recommend cesarean delivery when appropriate, improper response to shoulder dystocia using excessive traction, and negligent use of delivery instruments. Proper management requires trained personnel to perform specific maneuvers that can safely resolve shoulder dystocia without causing nerve damage. Cerebral Palsy Cerebral palsy is a group of permanent movement disorders caused by damage to the developing brain, most commonly occurring before, during, or shortly after birth. This condition affects muscle tone, movement, posture, and motor skills, with effects ranging from mild to severe. Many cases result from oxygen deprivation during labor and delivery. The condition manifests in several forms: spastic cerebral palsy (stiff, tight muscles), athetoid or dyskinetic cerebral palsy (involuntary movements), ataxic cerebral palsy (balance and coordination problems), and mixed cerebral palsy (combination of symptoms). Children with cerebral palsy may struggle with walking, talking, eating, and performing daily activities, requiring extensive physical, occupational, and speech therapy throughout their lives. Medical negligence leading to cerebral palsy includes failure to monitor fetal heart rate patterns indicating distress, delayed cesarean section when oxygen deprivation is evident, mismanagement of umbilical cord complications such as prolapse or nuchal cord, improper use of forceps or vacuum extractors causing head trauma, failure to treat maternal infections or preeclampsia, and inadequate resuscitation of the newborn. Fractured Bones Bone fractures during delivery, while sometimes unavoidable in difficult births, often result from excessive force or improper delivery techniques. The clavicle (collarbone) is the most commonly fractured bone, occurring in approximately 4-5 per 1,000 births. Other fractures can affect the skull, humerus (upper arm), and femur (thigh bone). Signs of a fractured clavicle in a newborn include decreased movement of one arm, crying when the baby is picked up under the arms, asymmetry in shoulder position, and a palpable lump at the fracture site as it begins to heal. More serious skull fractures can result from forceps misuse or excessive pressure during delivery and may cause bleeding in the brain. A birth injury lawyer can review medical negligence involving bone fractures, including excessive force during delivery, improper use of forceps or vacuum extractors, failure to perform a cesarean section when vaginal delivery poses a high risk, and failure to diagnose and treat fractures promptly after birth. Spinal Cord Injuries Spinal cord injuries during birth are rare but catastrophic, occurring in approximately 6 per 1,000 deliveries involving birth trauma. A birth injury lawyer can help review your situation. These injuries result from excessive mechanical force on the baby's spine during delivery, causing bruising, partial tears, or complete severing (transection) of the spinal cord. The cervical (neck) and upper thoracic (mid-back) regions are most commonly affected. Neonatal spinal cord injury disrupts nerve connections between the brain and body, resulting in devastating long-term consequences. Complete spinal cord injuries cause total loss of movement and sensation below the injury site, potentially including quadriplegia if the neck is affected. Incomplete injuries allow some signal transmission and offer better recovery potential, though many children still face permanent disabilities. Risk factors and causes include: breech presentation, use of forceps or vacuum extractors, excessive traction or rotation of the baby's neck, shoulder dystocia, version procedures attempting to rotate the baby, macrosomia, prolonged or excessively rapid labor, and maternal diabetes. These injuries often occur concurrently with hypoxic-ischemic encephalopathy. From a birth injury lawyer, a review of symptoms of spinal cord injury in newborns includes decreased or absent movement, weak or absent reflexes, breathing difficulties or apnea, lack of response to painful stimulation, and unusual limb positioning.  Hypoxic-Ischemic Encephalopathy (HIE) Hypoxic-ischemic encephalopathy is brain damage caused by oxygen deprivation (hypoxia) and restricted blood flow (ischemia) to the brain during the perinatal period. HIE affects one to two babies per 1,000 births and is a leading cause of death and long-term neurological disability in newborns. A birth injury lawyer can help you review your specific case. When the brain is deprived of oxygen, brain cells begin to die and release toxic substances that trigger a cascade of further cell death. This evolving process continues for hours or days after the initial oxygen-depriving event. The severity and extent of brain damage depend on how long oxygen was cut off and which brain regions were affected. HIE can occur before birth due to placental abruption, uterine rupture, maternal blood pressure problems, or infections. During labor and delivery, causes include umbilical cord complications such as prolapse or compression, prolonged labor, shoulder dystocia, failure to perform timely cesarean section, and mismanagement of breech presentation. After birth, severe respiratory problems, cardiovascular issues, and infections can cause HIE. Medical negligence in HIE cases includes failure to adequately monitor fetal heart rate patterns indicating distress, delayed response to signs of oxygen deprivation, failure to perform emergency cesarean section when indicated, inadequate newborn resuscitation, and failure to initiate therapeutic hypothermia promptly. Healthcare providers must recognize risk factors, including maternal diabetes, preeclampsia, fetal anemia, and abnormal fetal positioning, and respond immediately to any signs of fetal compromise. Potential Injury From A Delayed C-Section A cesarean section is the delivery of a baby through an incision made through a mother’s abdomen and uterus in order to deliver an unborn child. The procedure is usually performed when a vaginal birth would put the life of either the child or the mother at risk. Delaying that surgery can have dire consequences. That doctor and his or her delivery team failed to notice signs of trouble during the labor or birth, failing to take immediate action to prevent injuries to the newborn. Waiting to perform a C-section can result in loss of oxygen and catastrophic brain damage. When a C-section isn’t performed, serious physical damage can result when a baby is pulled from the birth canal. The nerves in the neck and collarbone are stretched, ripped, and torn, resulting in the diagnosis of Erb’s palsy. These types of shoulder injuries can impact fine motor skills and in severe cases, the ability to use the affected arm. Simple tasks such as reaching or tying shoes that many take for granted become a challenge. There are also cases for injuries to the mother during a C-section, and physical injuries to the baby, including large lacerations and scars. Your Syracuse Birth Injury Lawyer An experienced birth injury lawyer in Syracuse will speak with you personally at a free initial consultation. You can call Gillette & Izzo Law Office at 315-421-1000 to schedule an appointment or fill out our online intake form. We represent victims of birth injuries on a contingency basis, requiring no payment up front, where you only pay us if we successfully recover on your behalf.

Misdiagnoses of illnesses are far too common in hospitals and emergency rooms. These life-threatening errors have become common in medical malpractice lawsuits. Any type of negligence claim involving medical professionals is complex. Pursuing it requires a skilled, experienced, and compassionate attorney who not only represents you but also empowers you. Diagnostic errors constitute a significant area of medical malpractice. Retaining Josh Gillette and Janet Izzo to handle your claim involving a misdiagnosis or failure to diagnose provides you with a dedicated advocate. The founders of our New York-based law firm are not your only advocate. Taking control and owning your legal and medical rights makes you an equally effective advocate for your case and your medical care. At Gillette & Izzo Law Office, we provide personalized representation and tailored legal strategies for our clients who suffer from serious, undiagnosed illnesses that include: Cancer misdiagnosis Heart attacks Stroke Endocrine and thyroid issues Appendicitis Kidney disease Glaucoma Misdiagnosis of an illness comes in many forms. False positives show a disease that does not exist, creating anxiety and unnecessary medical treatments. False negatives and the misinterpretation of results rob you of certain options and treatments that may no longer exist. Life expectancy shortens, and certain medical treatments are no longer available or effective. For those who are in frail conditions, the stakes are extremely high. An accurate diagnosis is the foundation of treatment. Errors only increase the chances of serious illnesses, injuries, and death. Discuss Your Legal Options After Misdiagnosis Of An Illness For more information or to schedule a free initial consultation with an experienced Syracuse medical malpractice lawyer, fill out our intake form. You can also call Gillette & Izzo Law Office at 315-421-1000. We take all medical malpractice cases on a contingency basis. You do not pay legal fees unless we recover compensation.

Hospital negligence is not always caused by carelessness, lack of training or incompetency. Injuries to patients can occur when the most skilled and experienced medical professionals fail to follow proper procedures. A New York Hospital Malpractice Attorney Representing And Empowering You Hospitals are composed of various departments staffed with a wide variety of medical professionals. Negligent acts can occur anywhere, leaving a patient injured due to the following: Emergency room malpractice — ERs are fast-paced environments where fast and informed decisions must be made. Errors or delays in treatment or triage can lead to serious and oftentimes fatal consequences. Gastric bypass surgery errors — A surgical procedure meant to improve health sometimes results in more serious medical issues and death. Gastric bypass is often a last resort and must be performed by a properly trained and skilled surgeon. Laparoscopic surgery errors — An alternative to an open surgical procedure, mistakes can occur before, during or after the surgery. The minimally invasive procedure has its share of risks when a probe essentially “goes in blind.” Errors can lead to an injury not discovered until the surgery is over, leaving patients with severe and deadly infections. da Vinci robotic surgeries — Advertised advantages to using the surgical robot include minimally invasive incisions, shorter hospital stays, less blood loss, and faster and less painful recoveries. Serious and sometimes fatal adverse events from robotic surgeries can still occur. Some may be the result of equipment malfunction or design defects, and others may be the result of inadequate training for the surgeons or operating room staff who use the robot. Injuries can include tears and perforations of organs, arteries and body tissue, burns, and even death. Postoperative negligence — Oftentimes, a breakdown in communication between nurses and doctors can lead to postoperative complications. Failure to relay important information on infections or other problems puts patients’ lives at risk. Radiology errors — Many hospital negligence claims arise from a lesser-experienced tech conducting the X-ray and sending the results to the radiologist at another location. Results can be misinterpreted and information is not relayed. Anesthesia errors — A certified nurse anesthetist simply cannot perform the same level of service as a professional anesthesiologist. Professionals who devote their entire careers to this area of medicine know how their patients respond to various anesthetic drugs and the potential side effects they may experience. Gallbladder removal surgeries - Most claims from gallbladder surgery occur when a surgeon does not know where the biliary ducts are on a patient and cuts where the surgeon should not be cutting. There are also many lawsuits for failing to contain the damage caused by a common bile duct injury. Let Us Answer Your Legal Questions About Hospital Negligence If a hospital’s negligence caused you injury, you likely have questions. To discuss your legal options with an experienced Syracuse hospital negligence attorney, schedule a free consultation at Gillette & Izzo Law Office. Either fill out our intake form or call us at 315-421-1000. Medical malpractice lawyers Josh Gillette and Janet Izzo take all cases on a contingency basis. You do not pay legal fees unless we recover compensation for your hospital negligence case.

Medical treatment that fails to work or causes injury is not always the result of incompetence. Reliance on a doctor who specializes in one area will not lead to proper diagnoses and treatment of medical problems in other areas. Skilled And Dedicated New York Medical Negligence Attorneys Assuming control of your health is an important step if you are taking medication or suffering from a serious illness. Medical malpractice lawyers Josh Gillette and Janet Izzo will empower you and educate you on your options, should serious injuries result from negligent medical treatment, including: Prescription/medication errors — Lack of experience and breakdowns in communication can lead to life-changing and life-ending errors. Prescribing the wrong medication or committing dosage errors for the right medication can result in serious side effects or death. Negligent treatment of diabetes — Diabetes is a manageable disease with the right care and support. Improper management by a physician can result in serious health problems. That negligence requires those who suffer from the disease to empower themselves and assert their medical and legal rights. Pediatric errors — Undiagnosed health problems involving children can lead to ongoing issues well into adulthood. The statute of limitations is 10 years or a child reaching majority. However, proactive legal action and medical care are vital to hold the negligent pediatrician accountable. OB-GYN malpractice — Relying on an OB-GYN as your primary care doctor ignores the myriad medical needs that women of all ages have. Unlike general practitioners, specialists are limited in their skills and can fail to diagnose illnesses and diseases outside of their specific areas of practice. Injuries from laser treatments — Laser surgery is a growing practice that is unregulated in the state of New York. Hair and tattoo removal can be done by anyone purchasing a device on the Internet and opening up a shop. Depending on how a “patient” will react to the treatment, burns and other damage to the skin can result. Negligent surgeries - The harm must be caused by a surgeon’s failure to act as a reasonably prudent surgeon would act in a similar situation. When there is a demonstrable error, the patient’s injury and loss must be significant. Get Quality Legal Advice In Upstate New York To schedule a free initial consultation with an experienced Syracuse attorney about the negligent medical treatment you received, call Gillette & Izzo Law Office at 315-421-1000 or complete our intake form online. We take all cases of negligent medical treatment on a contingency basis, so our clients do not pay legal fees unless we recover compensation.

If a faulty medical device or defective product has caused you serious harm, you may be entitled to substantial compensation. At Gillette & Izzo, our experienced defective medical device attorneys have successfully represented hundreds of New York patients injured by dangerous medical implants and equipment. Call us today at 315-421-1000 for a free, confidential consultation. We handle all cases on contingency—you pay nothing unless we recover for you. Why Choose Gillette & Izzo for Your Defective Product Injury Claim? Medical device litigation specialists with decades of combined experience No upfront costs: Contingency-based representation Free consultation to evaluate your case National recognition in product liability litigation Local expertise serving Syracuse and throughout New York What Is a Defective Product? Medical devices that fail can cause devastating consequences requiring additional surgeries, extended recovery periods, lost income, and permanent disability. Under FDA regulations, manufacturers must: Conduct proper testing before market release Disclose all known risks and side effects Provide adequate warnings to healthcare providers and patients Issue recalls immediately when dangers are discovered When manufacturers cut corners on testing, hide safety data, or delay recalls despite knowing about dangers, they can be held liable for resulting injuries. A skilled defective medical device attorney can help you pursue compensation for: Medical expenses and future treatment costs Lost wages and diminished earning capacity Pain and suffering Permanent disability In cases of fatal device failures: wrongful death damages FindLaw lays out all of the details related to defective products and consumer rights. Types of Defective Medical Devices We Handle We represent patients injured by numerous defective medical products, including: Orthopedic Implants & Devices Artificial Hip Replacements (DePuy, Biomet, Stryker) Knee Implants (Oxinium, NexGen) Cardiovascular Devices Heart Valves Pacemakers (Medtronic) Defibrillators (St. Jude) Health & Reproductive Devices Lap-Band Bariatric Implants Transvaginal mesh Other Medical Devices Dialysis Equipment da Vinci surgical robot Dangerous Medications Zantac Prevacid Celebrex The Impact of Defective Medical Devices According to recent data, medical errors rank as the third leading cause of death in the United States. When faulty medical devices are involved: Over 415 million defective medical device units were recalled in 2018 alone Patients often require revision surgery to remove or replace failed implants Revision procedures mean extended recovery, additional pain, and lost productivity Many patients are unable to return to normal activities, work, or their previous quality of life You don't have to suffer in silence. The law provides a pathway to hold manufacturers accountable and recover compensation for your losses. Common Defects in Medical Devices Medical device failures typically fall into three categories: Design Defects – The device was manufactured exactly as intended, but the fundamental design is unsafe or inadequate for its intended purpose. Manufacturing Defects – The device deviates from the approved design during production, resulting in a product that doesn't perform as intended and causes injury. Failure to Warn – The manufacturer failed to adequately disclose known risks and side effects to patients and healthcare providers, preventing informed decision-making. Contact Us About How A Dangerous Or Defective Medical Product Harmed You We provide a free consultation with an experienced defective medical products attorney in Syracuse, New York. To schedule an appointment with Gillette & Izzo Law Office, complete our intake form or call 315-421-1000. We represent all clients injured by a dangerous or defective medical product on a contingency basis. You do not owe any legal fees unless we recover compensation for you.

When you selected a nursing home or assisted living facility, you most likely thoroughly researched the decision and placed the well-being of your loved one first and foremost. If the experienced professionals you wholeheartedly trusted have failed your loved one, our New York nursing home negligence attorneys will help you seek rightful justice. Protect Your Loved Ones. Assert Their Rights. Be Their Advocate. In cases of nursing home neglect, justice often comes in the form of compensation for physical injuries, emotional damage, and grief over the death of a loved one.  New York nursing home abuse lawyers Josh Gillette and Janet Izzo have experience pursuing nursing home negligence.  Claims include the following: Bedsores — Bedridden patients must be moved and repositioned regularly to prevent infections that take the form of bedsores. When staff fails to meet these standards, severe bedsores can develop and may result in serious illness or death. Medication errors — Although electronic medical records represent progress in documenting a patient’s prescription needs, communication between nursing home staff and pharmacists is still lacking. Dosage instructions may contain errors, or may not be provided at all. Falls — For an elderly nursing home resident, a broken bone is a serious and potentially fatal injury. Many senior citizens have died within days, weeks, or months, due to nursing home negligence or lack of adequate staff. Wandering and elopement — Patients with Alzheimer’s disease and other forms of dementia are prone to wandering. However, nursing homes are responsible for taking proper precautions to ensure patient safety at all times. Malnutrition and dehydration — Malnutrition and dehydration remain two of the most common forms of elder abuse in the United States.  These lead to thousands of deaths every year. Contact Us To Learn About The Law Of Nursing Home Negligence In New York. If your loved one has been a victim of nursing home negligence, contact us to schedule a free initial consultation. Call Gillette & Izzo Law Office in Syracuse at 315-421-1000 or complete our intake form online. We handle cases involving nursing home negligence on a contingency basis.  You only pay legal fees if we secure a financial recovery in your case.  

When a person dies due to someone else's negligence, recklessness, or wrongful actions, the deceased's family faces not only devastating emotional loss but also significant financial hardship. In New York, families have the legal right to pursue a wrongful death claim to secure compensation and hold the responsible party accountable. At Gillette & Izzo Law Office, we understand the profound pain of losing a loved one and are committed to providing compassionate, comprehensive legal representation to families throughout Syracuse and New York. Our experienced wrongful death attorneys have successfully recovered millions of dollars for bereaved families, helping them navigate this difficult process with skill and sensitivity. What is Wrongful Death in New York? A wrongful death claim is a civil lawsuit filed by the surviving family members or estate representatives of someone who died due to another party's negligent act, wrongful action, or default. Unlike a personal injury claim where the injured person can speak for themselves, a wrongful death claim is filed on behalf of the deceased to recover damages for the losses suffered by their survivors. Wrongful death occurs when: Another party's negligence directly caused the death – Whether through careless, reckless, or intentional conduct The deceased had a valid personal injury claim – The deceased could have filed a lawsuit had they survived Surviving family members suffer financial and emotional losses – The law recognizes both economic and non-economic damages The key distinction from personal injury cases is that the deceased cannot recover for their own pain and suffering (although a survival claim may be brought for suffering up until death). Instead, compensation goes to surviving family members for their specific losses. How Wrongful Death Claims Work in New York Who Can File a Wrongful Death Claim? Under New York law, only the personal representative (executor) of the deceased's estate can file a wrongful death lawsuit. This person may be: Named in the deceased's will Appointed by the court if no will exists A family member, friend, or attorney designated by the court The personal representative acts on behalf of the surviving family members and their interests. Eligible survivors who may benefit from the claim include: Surviving spouse – For loss of companionship, financial support, and household services Children of any age – For loss of parental guidance, support, and inheritance Parents – When a minor or dependent adult child dies Other dependents – Those who relied on the deceased for financial support Statute of Limitations for Wrongful Death in New York Time is critical. The statute of limitations for filing a wrongful death claim in New York is generally two years from the date of death. Missing this deadline can result in losing your right to recover damages entirely. Important exceptions that may extend or modify the deadline: Medical malpractice deaths – Two years and six months from the date of death (or from the end of continuous treatment) Criminal acts – One year from the end of the criminal case against the perpetrator Government defendants – 90-day notice requirement; lawsuit must be filed within 30 days of notice filing but no later than two years after death Minors – Statute of limitations may be tolled until the minor reaches adulthood in some circumstances Note: New York is currently considering the "Grieving Families Bill," which would extend the statute of limitations to three years and expand who can file claims. Consult with our attorneys to understand how this may affect your case. What Damages Can Be Recovered? New York courts award wrongful death damages to provide "fair and just compensation" to surviving family members for losses they suffer due to the death. Recoverable damages include: Economic Damages Funeral and burial expenses – All costs associated with final arrangements Medical bills – Healthcare costs related to the deceased's final illness or injury Lost wages and benefits – Income the deceased would have earned over their remaining life expectancy Lost inheritance – For surviving children Value of services and support – Household services, childcare, and care for elderly parents the deceased provided Non-Economic Damages Loss of care, guidance, and parental nurturing – For surviving children Loss of companionship and society – Recognized for certain survivors Pain and suffering of the deceased – The conscious pain endured from the moment of injury until death (through a survival action) Punitive Damages While rare, punitive damages may be available in cases involving extreme and outrageous misconduct by the defendant. These are designed to punish the wrongdoer rather than simply compensate survivors. Important: No Damages Cap in New York Unlike some states, New York has no cap on wrongful death damages. You can recover the full amount a jury or court determines appropriate, with no artificial limits. Comparative Negligence If the deceased contributed to their own death through negligence, New York's comparative negligence law applies. Damages are reduced by the deceased's percentage of fault, but survivors can still recover as long as the deceased wasn't 100% responsible. Common Causes of Wrongful Death in New York Wrongful death can result from many different circumstances. Below are the most common causes and the practice areas where we provide specialized legal representation: Motor Vehicle Accidents Car, truck, and motorcycle accidents are among the leading causes of wrongful death in New York. Fatal accidents may result from: Drunk or impaired driving – Operating a vehicle while intoxicated Distracted driving – Texting, eating, adjusting GPS, or other distractions Reckless or aggressive driving – Excessive speeding, road rage, dangerous lane changes Failure to yield – Running red lights or stop signs, violating right-of-way rules Truck accidents – Driver fatigue, overloaded trucks, brake or tire failures Our experienced car accident attorneys understand the complexities of fatal vehicle accident claims, including multi-vehicle incidents and commercial vehicle cases. We work with accident reconstruction experts and insurance specialists to build compelling cases. - Learn more about motor vehicle accidents. Pedestrian and Bicycle Accidents Pedestrians and cyclists have minimal protection in collisions and suffer fatal injuries more readily than vehicle occupants. Common causes include: Speeding in residential areas or near schools Failure to yield at crosswalks – Ignoring pedestrian right-of-way Drunk or distracted driving – Impaired drivers unable to react appropriately Hit-and-run accidents – Where drivers flee the scene Our firm has recovered substantial settlements for families of pedestrians and cyclists killed by negligent drivers. → Learn more about pedestrian accidents Medical Malpractice When medical professionals fail to provide the standard of care, preventable deaths can occur. Wrongful death through medical malpractice may result from: Misdiagnosis or delayed diagnosis – Failing to detect conditions like cancer, heart disease, or stroke Surgical errors – Operating on the wrong site, leaving instruments inside patients, anesthesia mistakes Medication errors – Prescribing incorrect drugs or dosages Failure to monitor patients – Neglecting to observe post-operative or post-treatment care Birth injuries – Obstetrical errors, delivery room negligence, or neonatal care failures Emergency room errors – Failure to diagnose or treat acute conditions Medical malpractice wrongful death cases are among the most complex, requiring expert medical testimony and detailed analysis of healthcare provider obligations. Our attorneys have successfully litigated these high-stakes cases and partner with trusted medical experts. → Learn more about medical malpractice Workplace Accidents and Construction Fatalities Workplace accidents, particularly in construction, manufacturing, and industrial settings, frequently result in fatal injuries. Common causes include: Falls from heights – Inadequate safety railings, harnesses, or scaffolding Electrocution – Faulty wiring, ungrounded equipment, contact with power lines Heavy machinery accidents – Crushed limbs, entanglement, machinery malfunctions Toxic exposure – Asbestos, lead, chemicals, or hazardous materials OSHA violations – Employer failure to maintain safe working conditions Workplace fatalities may involve workers' compensation benefits as well as third-party liability claims against contractors, equipment manufacturers, or property owners. → Learn more about workforce accidents Nursing Home Abuse and Neglect Elderly residents in nursing homes depend on care providers for their safety and well-being. Wrongful death can result from: Neglect of basic care – Failure to provide food, water, hygiene, or medication Physical abuse – Beatings, inappropriate restraint, or violent treatment Medication errors – Wrong drugs, incorrect dosages, or harmful drug interactions Failure to prevent falls or injuries – Inadequate supervision, environmental hazards Inadequate staffing – Insufficient care providers to meet resident needs Failure to address infections or medical emergencies – Delayed treatment of serious conditions We hold nursing homes accountable for elder abuse and neglect, holding both the facilities and individual staff members liable. → Learn more about nursing home abuse Birth Injuries When medical providers fail to provide appropriate obstetrical and neonatal care, preventable birth injuries can result in death or permanent disability. These may arise from: Failure to monitor fetal heartbeat – Missing signs of fetal distress Improper use of delivery instruments – Forceps or vacuum extraction errors Delayed delivery decision – Failure to perform timely cesarean section Umbilical cord complications – Cord prolapse, nuchal cord mismanagement Neonatal resuscitation errors – Improper newborn care immediately after birth Infection or sepsis – Failure to diagnose and treat infections Birth injury wrongful death cases require specialized knowledge of obstetrical standards of care and newborn physiology. → Learn more about birth injuries Defective Products In some cases, wrongful death results from dangerous or defectively designed consumer products, including: Defective vehicles – Faulty airbags, brake failure, design defects that cause crashes Faulty medical devices – Pacemakers, surgical implants, ventilators that malfunction Dangerous medications – Drugs with undisclosed side effects or dangerous interactions Consumer products – Appliances, tools, toys, or equipment with safety defects Pharmaceutical products – Drugs that cause heart attacks, strokes, or fatal allergic reactions Product liability cases involve complex investigation of design defects, manufacturing defects, and warning label failures. → Learn more about product liability Premises Liability Wrongful death can result from dangerous conditions on someone else's property: Slip and fall accidents – Unrepaired flooring, spills, or hazardous conditions Swimming pool drownings – Inadequate lifeguard supervision or safety features Inadequate security – Property owner's failure to provide adequate security leading to assault or criminal acts Fire or explosion – Building code violations, faulty wiring, or failure to maintain fire safety equipment → Learn more about slips and falls The Wrongful Death Legal Process Investigation and Evidence Gathering After retaining our firm, we immediately begin a comprehensive investigation: Obtaining accident reports, medical records, and death certificates Interviewing witnesses and expert sources Consulting with medical, engineering, or accident reconstruction experts as needed Analyzing insurance policies and liability coverage Identifying all potentially liable parties Notification and Demand We file appropriate notices and present a demand letter to the at-fault party's insurance company, detailing: The circumstances of the death Evidence of negligence or wrongful conduct The strength of our case and damages Settlement Negotiation Many wrongful death cases settle before trial. We aggressively negotiate with insurance adjusters and defendants to recover maximum compensation. Litigation and Trial If fair settlement cannot be reached, we file a lawsuit and proceed to trial, presenting evidence to a jury to secure the compensation your family deserves. Why Choose Gillette & Izzo Law Office? Our wrongful death attorneys bring extensive experience, compassion, and proven success to your case: Significant jury verdicts and settlements – Our track record speaks for itself, with awards regularly exceeding $2 million Specialized expertise – We have deep knowledge of New York wrongful death law and the specific practice areas (medical malpractice, car accidents, workplace injuries, etc.) Comprehensive investigation – We partner with leading experts to build ironclad cases Personal attention – You work directly with experienced attorneys, not paralegals No upfront fees – We work on contingency; you pay nothing unless we recover compensation Compassionate representation – We understand the grief and financial hardship your family faces Contact Our Wrongful Death Attorneys at Gillette & Izzo Law Office Today If your loved one died due to someone else's negligence or wrongful actions, you have the right to pursue justice and compensation. Do not wait—the statute of limitations may be running. Contact us today for a free, confidential consultation with an experienced wrongful death attorney. We serve clients throughout Syracuse and New York State and are ready to fight for your family's rights. Call us at 315-421-1000 or complete our online intake form for a free consultation.

Construction accidents in this industry are common and are often severe or even deadly. Yet so many of these accidents could be prevented if everyone followed the safety measures laid out by OSHA and other safety groups. A construction lawyer can help you recover damages. Damages from Construction Accident Injuries in Syracuse Hazards are everywhere on job sites, including falls, heavy machinery, slipping, electrical hazards, chemical exposure, and more. Any of these can cause an accident that could cause severe injury or death. If you’re the victim of an accident, you will face both financial and personal costs. These are the damages of your case. The most immediate one is the cost of current and future medical care. When you work with a construction accident lawyer, they’ll use their experience to calculate the value of your damages. There are also many other damages you could be eligible to claim, including ones that don’t have a price tag, like the consequences of long-term physical disfigurement, emotional pain, pain and suffering, and others. Overview of New York Labor Law 240 Labor Law Section 240 is a New York State law meant, originally, to protect construction workers who work at heights from falls or fall-related accidents. The meaning of the statute has evolved as interpreted by the Court. Although nicknamed the “Scaffold Law,” it protects not only against all fall-related accidents, including falls from ladders or other structures (not just scaffolds), but it can also be applied when a worker is struck by a falling object.  All contractors and owners and their agents, . . . in the erection, demolition, repairing, altering, painting, cleaning or pointing of a building or structure shall furnish or erect, or cause to be furnished or erected for the performance of such labor, scaffolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes, and other devices which shall be so constructed, placed and operated as to give proper protection to a person so employed.  Recent courts have explained that the statute is designed to shield an injured worker from harm directly flowing from the application of gravity to an object or person. The statute does not cover accidents merely tangentially related to the effects of gravity.  “Rather, gravity must be a direct factor in the accident as when a worker falls from a height or is struck by a falling object,” a recent court wrote.  Examples of Negligence on Construction Sites The Occupational Safety and Health Administration (OSHA) is responsible for inspecting sites for workplace safety. They also compile data on workplace accidents to find the most common violations. If we can trace your accident to one of these violations, there’s a good chance of negligence, such as: Lack of fall protection Lack of respiratory protection Inadequate signage, safety rails, and other hazard warnings Poor or damaged scaffolding Inadequate protection against electrocution Collision or pinning by industrial vehicles To win your construction accident case, we need to prove that someone else’s negligence was responsible for your accident. It could be your employer, but it could also be another worker or another company. We will inspect all the evidence to see who is most responsible for your injury before approaching them with a claim. Statute of Limitations for Filing a Construction Accident Lawsuit  There is a limit to how long we can work on your case before you lose the chance to file for compensation. In New York, the statute of limitations for most personal injury lawsuits is three years. For wrongful death cases, the limit is two years. If you pass this deadline, the court will likely deny you the chance of compensation. However, it is important to note that exceptions may apply in the case that permits you to file after the standard deadline has passed. Even if you believe you have missed your chance to pursue compensation, you should still consult an experienced attorney. Contact a Construction Lawyer Today If your loved one has been a victim of a construction site accident that caused injuries, schedule a free initial consultation with an experienced attorney to discuss your legal options. You can call Gillette & Izzo Law Office in Syracuse at 315-421-1000 for a free consultation.

If you've been involved in a car accident, there are a few important things to know. New York State is a No-Fault state. This means that after a car accident, your medical bills and lost wages are paid by the No-Fault insurance company. This will be covered for the vehicle you were in, no matter who was at fault for the accident. New York State also has a Serious Injury Threshold. This law defines who is entitled to compensation above the payment of medical bills and lost wages. Because of this complex system, you may need to hire a Syracuse car accident lawyer to get the support you need. Our team at Gillette and Izzo Law has fought tirelessly for decades to ensure clients and their families could reclaim their lives after New York car crashes. We always help you navigate the entire process together. At Gillette & Izzo Law Office, we provide personalized representation and tailored legal strategies for our clients who suffer from various accident injuries, including: Car accidents Truck accidents Pedestrian accidents Construction accidents What Should You Do Following a Car Accident? In car accident injuries in Syracuse,  justice often comes in the form of compensation for physical injuries and emotional damage. Syracuse car accident lawyers Josh Gillette and Janet Izzo have decades of experience pursuing car accident claims. If you've been in a motor vehicle accident, please remember these next steps: Move to a safe location: Immediately following an accident, move your vehicle to a safe location and turn off the engine. Get to a safe area as soon as possible. Determine if there are injuries: Check if you are injured as soon as you can. If you are hurt, immediately dial 911 and seek emergency medical assistance. If you are unsure, it is always better to be safe than sorry. Dial 911: In New York State, you are legally required to notify the police if someone is seriously injured or killed in an accident. A police report will typically set forth who was at fault. It includes information needed for your next steps. Gather relevant information: Gather as much information from the scene of your car collision as possible. Notify your insurance company: A claim must be promptly filed with your No-Fault insurance carrier. In New York, you must submit a No-Fault application to your insurance carrier within 30 days of the car accident. It is best to first discuss the case with our office before submitting this. File a claim: There are strict and short time limits applicable to bringing a car accident injury claim in New York, so contact us as soon as possible to help with your next steps. There are additional help items right on the New York State DMV website as well. Potential Car Accident Compensation If your car accident injuries were caused by a negligent driver, you have the right to compensation for all the damages you face, including: Medical expenses: ambulance costs, hospitalizations, emergency department treatment, physical therapy, ongoing care, ongoing medications, and more. Lost income: both the past and future income you’ll lose because of any time you will miss because of your injuries. Pain and suffering: mental and physical suffering you’ve endured because of the crash and the injuries you’ve suffered. Our team can help you determine what compensation options you would be eligible for. And then fight for your case to get you the maximum you are entitled to. Contact A Syracuse Car Accident Lawyer If your loved one has been a victim of a serious injury after a car accident, schedule a free initial consultation today. You will connect with an experienced attorney to discuss your legal options. You can call Gillette & Izzo Law Office in Syracuse at 315-421-1000 or fill out our intake form online. We handle cases involving nursing home negligence on a contingency basis, and you only pay legal fees if we secure a financial recovery in your case.

Slip and fall accidents happen in seconds—but the consequences can last a lifetime. Whether you took a tumble on a wet grocery store floor, slipped on an icy sidewalk, or fell due to a hidden hazard, the aftermath often includes mounting medical bills, lost wages, and persistent pain. Over 3 million Americans are treated in emergency departments each year for slip and fall injuries, making these accidents one of the most common causes of hospitalizations in the United States. If you've been injured in a slip and fall accident due to someone else's negligence, you may be entitled to substantial financial compensation. At Gillette & Izzo Law Office, our experienced slip and fall attorneys have decades of combined experience helping injury victims recover the full compensation they deserve. We understand how a cracked sidewalk, spilled liquid, broken handrail, or poorly maintained walkway can cause serious, life-altering injuries—and we know how to hold negligent property owners accountable. What Is a Slip and Fall Accident? A slip and fall accident occurs when someone slips, trips, or falls on someone else's property due to a dangerous or hazardous condition, resulting in injury. These accidents can happen anywhere—grocery stores, restaurants, apartment buildings, office complexes, parking lots, sidewalks, hotels, or even private residences—and are typically caused by: Wet or slippery floors – Spilled liquids, grease, water from rain or snow Uneven walking surfaces – Cracked pavement, broken tiles, torn carpeting, uneven flooring Inadequate lighting – Dark or dimly lit areas that hide hazards Weather hazards – Ice, snow, or wet conditions on walkways Broken or missing handrails – Particularly on stairs and ramps Cluttered or obstructed pathways – Loose mats, boxes, debris blocking walkways Poorly maintained facilities – Worn stairs, loose flooring, broken fixtures Inadequate warning signs – Failure to warn of known hazards Common Slip and Fall Injuries The severity of slip and fall injuries ranges widely, from minor bruises to catastrophic, life-altering trauma: Fractures and broken bones – Wrists, arms, legs, ankles, hips Spinal cord injuries – Resulting in partial or complete paralysis Traumatic brain injuries (TBI) – Including concussions and permanent cognitive damage Herniated discs – Causing chronic pain and requiring ongoing treatment Soft tissue injuries – Sprains, strains, and ligament tears Lacerations and head wounds – Requiring surgery and long-term care Shoulder and knee injuries – Often requiring reconstructive surgery Chronic pain conditions – Leading to disability and reduced quality of life Understanding Premises Liability Law in New York In New York, slip and fall cases fall under premises liability law, a critical area of personal injury law that holds property owners and managers accountable for maintaining safe conditions on their property. Understanding how these laws work is essential to building a strong claim. The Legal Duty of Property Owners New York law is clear: property owners and managers have a legal duty of care to maintain their premises in a reasonably safe condition for all lawful visitors. This means property owners must: Maintain the premises – Keep the property free from known hazards Address dangerous conditions – Fix or repair hazards in a timely manner Conduct regular inspections – Identify potential dangers through routine maintenance checks Warn of hazards – Place appropriate warning signs or barriers around conditions they cannot immediately eliminate Take preventive action – Remove debris, clean spills promptly, salt icy walkways, maintain adequate lighting Proving Negligence: The Four Elements To successfully recover compensation in a New York slip and fall case, you must prove that the property owner was negligent. Negligence requires proving four essential legal elements: 1. Duty of Care The property owner owed you a legal duty to maintain safe premises. This is typically straightforward—property owners owe this duty to all lawful visitors on their property, including customers, tenants, guests, and others invited or permitted to be present. 2. Breach of Duty The property owner failed to uphold this duty. This means they either: Created the hazardous condition themselves, OR Knew about the dangerous condition and failed to fix it, OR Should have known about the condition through reasonable inspection procedures and failed to address it The key question: Did the property owner have actual or constructive knowledge of the hazard? 3. Causation The property owner's breach of duty directly caused your slip and fall accident and resulting injuries. You must establish both: Actual causation – The hazard directly caused you to fall Proximate causation – The fall and injury were a foreseeable result of the hazard 4. Damages You suffered actual, measurable injuries and losses. This includes medical expenses, lost wages, pain and suffering, and other quantifiable damages resulting from the accident. Knowledge of the Hazard: The Critical Factor One of the most important elements in slip and fall cases is proving that the property owner knew—or reasonably should have known—about the dangerous condition. This can be established through: Actual knowledge – The owner knew about the hazard (e.g., employee reported a spill) Constructive knowledge – The hazard existed long enough that reasonable inspection would have discovered it History of similar incidents – Prior complaints or previous accidents at the same location Failure to follow maintenance procedures – Not conducting regular safety inspections Negligent training – Employees not trained to identify and address hazards Surveillance footage – Video showing the hazard existed before your fall Witness testimony – Other customers or employees who knew about the condition Comparative Negligence in New York New York follows a "pure comparative negligence" rule, which means you can recover compensation even if you were partially at fault for your accident. However, your recovery will be reduced by your percentage of fault. For example: If you're awarded $100,000 but found 20% at fault, you recover $80,000 Property owners often argue the victim was careless or not paying attention Your attorney must counter these arguments with strong evidence Common Locations for Slip and Fall Accidents Slip and fall accidents can occur virtually anywhere, but certain locations see higher incident rates and present particular challenges: Retail Stores and Supermarkets Grocery stores present numerous slip and fall hazards: spilled products, wet floors from cleaning, loose floor mats, cluttered aisles, and high foot traffic. Retailers like grocery chains have protocols for handling spills and conducting safety checks, but when employees fail to follow these procedures—or when management skips inspections—customers pay the price. Restaurants and Food Service Establishments Kitchens and dining areas combine multiple hazards: spilled liquids, greasy or wet floors, scattered food debris, dim lighting, and crowded pathways. Restrooms are particularly dangerous, where water accumulation is common. When restaurants fail to maintain safe conditions, serious injuries often result. Hotels and Resorts Guests expect safe accommodations, yet hotels frequently have hazards: uneven flooring, unsecured carpets, slippery pool decks, poorly lit hallways, broken handrails on stairs, and inadequate warning signs around known dangers. Liability is often clear when hotels neglect maintenance or fail to warn guests. Sidewalks and Public Spaces Cracked pavement, uneven surfaces, accumulated ice or snow, poor lighting, and broken curbs cause thousands of slip and fall accidents annually. If the fall occurred on private property, you typically have 3 years to sue. However, if you fell on municipal/government property (city-owned sidewalks, public parks, NYC Housing Authority buildings, MTA subway stations), strict notice requirements apply—you must file a Notice of Claim within 90 days of the accident. Apartment Complexes and Multi-Family Housing Landlords and property managers have a duty to maintain safe common areas. Hazards include poorly maintained staircases, broken or missing handrails, inadequate lighting in hallways and entryways, cracked walkways, icy parking lots, and unmarked hazards. If you fell in an area the tenant controls (inside their unit), you may not have a claim. But if you fell in common areas—hallways, stairs, parking lots, entryways—the property owner is typically liable. Workplace Accidents Employers have a duty to maintain safe working conditions. Slip and fall injuries at work—caused by spilled materials, cluttered pathways, inadequate safety equipment, or poor maintenance—may entitle you to workers' compensation benefits. However, you may also have a third-party claim if someone other than your employer caused the hazard. Types of Damages You Can Recover If you successfully prove negligence in a slip and fall case, you may recover both economic and non-economic damages: Economic Damages (Quantifiable Losses) Medical expenses – Emergency room visits, hospital stays, surgeries, rehabilitation therapy, ongoing treatment Prescription medications – Current and future medication costs Medical equipment – Crutches, wheelchairs, braces, mobility aids Therapy and rehabilitation – Physical therapy, occupational therapy, pain management Lost wages – Income lost while recovering from injuries Reduced earning capacity – Compensation if injuries prevent you from working at your previous level or earning potential Transportation costs – Medical appointments, specialized care facilities Non-Economic Damages (Pain and Suffering) Pain and suffering – Compensation for the physical pain endured Emotional distress – Anxiety, depression, PTSD resulting from the accident Loss of enjoyment of life – Inability to participate in activities you once enjoyed Loss of consortium – Spouses can claim compensation for loss of companionship and intimacy Disfigurement and scarring – Permanent visible injuries affecting appearance Disability and impairment – Reduced quality of life and permanent limitations Punitive Damages In rare cases where the property owner's conduct was particularly reckless or egregious, you may recover punitive damages designed to punish the defendant and deter similar conduct. Examples include gross negligence, intentional disregard for safety, or repeated violations despite knowledge of hazards. New York's Statute of Limitations: Time Is Critical You must act quickly after a slip and fall accident. Time is your enemy in injury claims. In New York: Standard statute of limitations: You have 3 years from the date of your accident to file a lawsuit (CPLR § 214(5)) Government/municipal property: If you fell on city-owned property, you must file a Notice of Claim within 90 days of the accident, and then file the full lawsuit within 1 year and 90 days. Missing this 90-day notice deadline can eliminate your legal rights entirely. Special circumstances: Exceptions exist for minors and mentally incapacitated individuals, but these are narrow The lawsuit must be filed by the deadline—it doesn't need to be settled or concluded. However, waiting until the last minute weakens your case because: Evidence deteriorates over time Witness memories fade Video surveillance is often deleted after 30-90 days Hazard conditions may be corrected, eliminating crucial evidence The property owner may lose records of maintenance schedules Do not delay. Contact an attorney immediately after your accident to protect your legal rights. Why You Need an Attorney After a Slip and Fall Accident While you may have a strong case, insurance companies will do everything possible to deny or minimize your claim. Here's why you need experienced legal representation: Insurance Companies Will Deny or Undervalue Your Claim Property owners typically carry liability insurance that covers slip and fall accidents. Sounds good for you—until you realize the insurance company's job is to pay you as little as possible. Common tactics include: Denying liability – "The property owner wasn't negligent" Blaming you – "You were careless and not paying attention" Minimizing injuries – "Your injuries aren't as serious as claimed" Delaying settlement – Hoping you'll accept a low offer out of desperation Offering inadequate settlements – Initial offers are typically 30-50% of case value Our Attorneys Will Protect Your Rights Gillette & Izzo attorneys will: Investigate thoroughly – We visit the scene, photograph the hazard, collect surveillance video, identify witnesses, and gather maintenance records Preserve evidence – We issue preservation letters to ensure video footage isn't deleted and records aren't destroyed Interview witnesses – We obtain statements from anyone who saw the hazard or your fall Retain experts – We hire accident reconstruction experts, medical experts, and property maintenance specialists to support your claim Calculate damages accurately – We ensure all current and future losses are included in your claim Negotiate aggressively – We negotiate with insurance companies from a position of strength, backed by solid evidence Litigate if necessary – If the insurance company refuses to offer fair compensation, we're prepared to take your case to trial Step 1: Initial Consultation You meet with our attorney for a free, confidential consultation. We evaluate your accident, injuries, and potential claim. There's no obligation, and we answer all your questions about your legal rights. Step 2: Investigation and Evidence Gathering We conduct a comprehensive investigation: Site visit – We photograph the hazard, measure distances, assess lighting, evaluate safety measures Video surveillance – We request security footage from businesses or public properties Maintenance records – We obtain records showing when the property was last inspected and maintained Prior incidents – We investigate whether the property owner had prior complaints or incidents at the same location Witness statements – We identify and interview anyone who witnessed your fall or the hazard Medical records – We gather all medical documentation of your injuries and treatment Step 3: Demand and Negotiation Once our investigation is complete and you've reached maximum medical improvement, we prepare a demand letter outlining: The facts of your case Evidence of the property owner's negligence Your injuries and medical treatment Calculation of damages (medical expenses, lost wages, pain and suffering) The amount we're demanding in compensation We send this to the property owner's insurance company and negotiate to resolve your claim. Step 4: Settlement or Litigation If the insurance company offers fair compensation, we negotiate a settlement. If they refuse to offer reasonable compensation, we file a lawsuit and prepare your case for trial. Our litigation team has extensive trial experience and isn't afraid to go to court to fight for your rights. Step 5: Verdict and Recovery Whether through settlement or jury verdict, we recover compensation for your injuries. We then use these funds to pay your medical providers, your share of legal fees (if any), and you keep the remainder. Why Choose Gillette & Izzo for Your Slip and Fall Case? Our attorneys have achieved verdicts and settlements totaling millions of dollars for injury victims. We have the resources, expertise, and determination to take on even the largest insurance companies. Contingency Representation You don't pay unless we win. We handle slip and fall cases on a contingency basis, meaning: No upfront legal fees We advance all costs (investigation, expert witnesses, court fees) We only get paid when we secure compensation for you You keep the majority of your settlement or verdict Comprehensive Support We handle every aspect of your case—from investigation to trial. Our team includes attorneys, paralegals, investigators, and support staff dedicated to your recovery. Local Knowledge Based in Syracuse, we know New York slip and fall law, local property owners' practices, and the judges and juries in our community. Free Consultation Contact us today for a free, no-obligation consultation. We'll evaluate your case and explain your legal options. Related Practice Areas Our experience extends beyond slip and fall accidents. If your injury involved a related incident, we handle those cases too: Car Accidents – Motor vehicle collisions causing injuries Pedestrian Accidents – Injuries to pedestrians hit by vehicles Medical Malpractice – Injuries caused by negligent medical care Nursing Home Abuse – Neglect and abuse of elderly residents Product Liability – Injuries from defective products Wrongful Death – When slip and fall accidents result in death Contact Gillette & Izzo for Your Free Consultation If you've been injured in a slip and fall accident, don't wait. The sooner you contact an attorney, the sooner we can begin protecting your legal rights and investigating your claim. Call Gillette & Izzo Law Office at 315-421-1000 or fill out our online intake form for a free, confidential consultation. We'll explain your legal rights, evaluate your claim, and discuss next steps—with no obligation and no upfront cost.