Chicago Personal Injury Attorneys Blog

Medical malpractice payouts reach over $3 billion in 2012

2013-05-21T15:06:34Z

One thing every Chicago resident does not want to hear their doctor say is "oops." When a doctor or surgeon makes a mistake, damages can be fatal or life altering. From surgeons operating on the wrong side of a victim's brain to an unnecessary amputation, doctor errors have negatively affected thousands of Americans. When a doctor or health care professional makes an error, a lawsuit usually follows. In fact, last year a total of $3.6 billion was paid out to 12,142 victims of medical malpractice in the United States.

Illinois ranks relatively high in the nation for medical malpractice payouts, between 100-300 million in payouts in 2012. The majority of malpractice allegations were diagnosis related at 33 percent. Anything from failure to diagnose a patient to having an improper diagnosis can cause devastating results. Nineteen percent of all cases involved a serious permanent injury sustained by a patient.

]]> When a patient visits a medical facility, they are expected to receive honest and proper care. Anytime a medical professional is negligent in their profession, which causes a patient to suffer an injury or death, they may be guilty of medical malpractice. Often times a victim may be eligible for compensation for their damages. A medical malpractice payout is given every 43 minutes in America.

Chicago alone has thousands of highly skilled medical personnel but just like every other job, they can make mistakes too. Cutting corners and not taking corrective techniques can cause patients devastation in the medical field. Medical malpractice lawsuits often result when negligence occurs. An attorney may provide further insight and advice for those interested.

Source: The Clinical Advisor, "2012 malpractice payouts concentrated in 5 states," Ann W. Latner, May 14, 2013

Automobile accident caused by DUI kills 11-year-old

2013-05-16T14:09:03Z

Tragedy can strike at any moment. Countless Illinois residents have been victims of a wrongful death. Whether it's from an automobile accident, medical malpractice or a construction accident, another person's negligence is usually to blame.

Driving under the influence is an unfortunately common form of negligent driving. And when drugs and driving are combined the results can be fatal. Recently an Illinois man was charged with three accounts of aggravated DUI after he crashed his car into another vehicle killing an 11-year-old.

]]> A urinary test proved positive for the presence of heroin metabolites in the 28-year-old's system. The man now faces a multitude of charges including DUI and failure to reduce speed to avoid an accident. According to police, the 28-year-old was driving his SUV down the Highway when he failed to stop for a line of cars that was halted due to another crash. The driver then started a chain reaction of crashes ultimately killing an 11-year-old boy an injured several other people.

Driving while under the influence often comes with severe consequences. Someone who causes an accident as a result of a DUI is typically responsible for the accident, injuries and death included. Negligent driving can be anything from reckless, distracted or drunk driving. Anytime negligence is associated with an accident, compensation may be awarded to victims or family members of a loved one killed.

Illinois produces multiple automobile accidents a year, many of them fatal. An attorney may help those injured or loved ones of someone killed by a negligent driver receive compensation.

Source: Chicago Tribune, "Sycamore man charged in crash that killed 11-year-old boy," Clifford Ward, May 7, 2013

Driverless cars: The new solution to reducing car accidents?

2013-05-14T13:51:14Z

With each passing year, many Chicago residents have lost their lives to car accidents. Every day there are several motor vehicle accidents throughout Cook County. Anything from fender benders to multi-fatality accidents have caused countless residents pain and grief. So how can one prevent car accidents? Driving safely by following all traffic rules and driving defensively can help one's chances but it can never fully protect against one of the biggest threats, human error.

It is estimated that human error contributes to 90 percent of all motor vehicle accidents. With death tolls and injury reports racking up in the millions, how can society reduce this number? The answer may be found in some new technology that may seem like science fiction. The driverless car has been the main focus for Google as well as a handful of other companies for the last several years. Since airplane can have an autopilot feature, why can't cars?

]]> The idea may not seem that inconceivable, in fact Google has already begun testing driverless cars. Would this mean fewer accidents a year? The government seems to think so, recently The National Highway Traffic Administration said they felt very confident that self-driving vehicles could potentially save "thousands of lives" a year. The NHTA thinks that they could reduce human error from 90 percent to 30 percent within the next decade with driverless cars.

Without human error, the amount of wrongful death and negligent driving accidents could decrease significantly with the driverless car. It could also reduce America's drunk driving problem. Are driverless cars the new future for safety on the roads? Many Chicago residents want to know.

Source: Auto World News, "Tesla CEO Elon Musk with Google about driverless electric cars," Matt Mercuro, May 7, 2013

"Bully" physicians lead to medical errors

2013-05-08T16:10:50Z

After being sedated, many patients are oblivious to what is going on with their surgery. They trust that the medical staff is operating on them to the best of their abilities, but what would patients find if they were secretly awake during a surgery? After a recent survey completed by health care workers, many Chicago residents would be surprised to learn that

77 percent said they witnessed disrupted behavior by physicians.

Between physical threats and verbal outbursts, many health care workers have claimed to of been bullied by their co-worker physicians. This potential hospital negligence has lead to many medical errors, according to the recent survey. 71 percent of those surveyed said such behaviors have caused medical errors in the operating room. When a doctor is distracted and takes time to yell or scold another employee, they are being distracted from their patient, leaving room for error.

]]> Out of the 4,500 health care workers surveyed, 65 percent reported that nurses also exhibit disruptive behavior in the operating room. Between medical mistakes and human anger, many patients have suffered injuries as a result. 5 percent of any physicians in any health care organization have accounted for 40 percent of all medical malpractice claims. So what is being done with these "bully" physicians? Many physicians who wish to improve their anger can go to various intervention programs and those who do not improve are often fired.

Any Chicago resident that has been a victim of hospital negligence may be eligible to receive compensation for their injuries. Oftentimes a medical error can yield severe injuries, and a great deal of compensation may be needed.

Source: Delaware Online, "When Doctors are bullies, patient safety may suffer," Kim Painter, April 27, 2013

Diminished sex life often a casualty of brain injuries

2013-05-06T16:08:48Z

One of the worst injuries that a person can suffer is a traumatic brain injury. Many Chicago residents are aware of severity of the problems with the brain if this most-vital organ is injured. TBI is blamed for 30 percent of all injury-related deaths in America. Each year 1.7 million people will suffer from some form of TBI, from a concussion to severe brain damage. After compiling evidence from 14 separate studies, researchers have discovered another problem that stems from brain injuries.

Out of the 3 million Americans living with TBI, many of them suffer from sexual dysfunction. From erectile dysfunction to diminished sex appeal, 50 to 60 percent of people with TBI have sexual difficulties. Many TBI victims have suffered extreme emotional and physical damages from their dysfunctional sex life. Between personality changes to diminished libido, brain injuries can come with serious consequences for victims. To make matters worse, divorce among TBI victims can be as high as 78 percent, which may not be surprising considering that entire personalities can change from the result of a TBI.

]]> While many TBIs are mild, some can be very severe. Most brain injuries are caused by slips and falls as well as car accidents. Numerous times these accidents are caused by the negligence of another, such as a drunk driver. Medical costs, reduced quality of life and long-term care can leave many victims in desperate need of compensation.

Oftentimes, victims of TBI or similar brain injuries may seek compensation for their injuries. Whether it is a medical malpractice accident or a serious car crash, most brain injuries are preventable.

Source: Medical Press, "Sex lives often an overlooked casualty of traumatic brain injury," Barbara Bronson Gray, April 29, 2013

Tragic Illinois accident kills 15-year-old, injures 2 others

2013-05-01T15:35:19Z

Distracted driving is one the biggest contributing factors to teen car crashes. From texting while driving to having multiple peers in the car, teens are prone to distractions. The inexperience and recklessness of a teen driver can cause harm to both passengers and other drivers. Recently a fatal Illinois automobile accident caused by a teen took the life of a 15-year-old girl and caused a personal injury to another.

Police believe the tragic accident was caused by distracted driving. It all started after a car full of four teens - a 17-year-old male driver and three 15-year-old female passengers - was driving down the road when the driver disobeyed a stop signed and continued through the intersection. Another car that had the right of way in the intersection was T-boned the car full of teens on the driver's side.

]]> One of the 15-year-old passengers was killed while another was airlifted to the hospital with severe head trauma. The driver of the other car was also injured. The 17-year-old was charged with disobeying a stop sign, operating a vehicle without insurance and failure to reduce speed to avoid an accident.

All drivers have a duty to follow traffic laws and avoid jeopardizing the safety of their passengers or other drivers. A failure to do so is considered negligence. When a driver is distracted and not paying attention to the road, they are negligent. Negligent drivers are responsible to others, including their passengers, for the injury or death they cause. Negligent drivers and their insurance carriers are obligated to pay damages in compensation for people they hurt or kill.

Source: Chicago Tribune, "Channahon teen killed in Minooka car crash," April 22, 2013

24-year-old pedestrian struck by truck, killed in Chicago

2013-04-29T15:33:57Z

A motor vehicle can be just as deadly as a loaded firearm. Each year over 30,000 people die from fatal car accidents. The majority of these accidents are caused by a negligent driver. Whether the cause is drunk, distracted or reckless driving, innocent people have lost their lives to the negligence of others. Last week a Cook County automobile accident took the life of a 24-year-old woman as she was crossing the street.

The accident occurred when tanker truck hit a pedestrian who was walking across the street. The 24-year-old victim was pronounced dead at the scene. The truck driver was charged with failure to yield to a pedestrian but could face additional charges depending on results of the ongoing police investigation.

]]> Anytime a pedestrian is killed by an automobile or truck, it is imperative to prove who was at fault. Each year, nearly 5,000 pedestrians are killed in motor vehicle accidents. Depending on who is at fault, compensation for a wrongful death may be awarded to loved ones of a victim killed. If a pedestrian has the right of way and gets hit while crossing the street, the driver will generally be found at fault. Typically if a pedestrian is struck while in a crosswalk, the driver is usually to blame and is often responsible for the injuries or death he or she causes.

Automobile accidents happen every day in Cook County. For those injured or killed by the negligence of another, compensation may be awarded. An attorney may provide legal advice for anyone who has suffered a wrongful death.

Source: Chicago Tribune, "Woman killed by truck in West Loop," Liam Ford, April 22, 2013

Are robots to blame for medical malpractice surgeries?

2013-04-24T16:45:52Z

Imagine telling a Chicago resident from the 1940's or '30's that robots would be doing surgery in 2013. Many would probably pass it off as science fiction, but in today's medical world using robots to perform surgery is becoming more mainstream. From prostate surgery to a hysterectomy, robots are now completing advanced surgeries. But just how safe are they? Since robots were first introduced to the medical world, several patients have filed medical malpractice claims against the technology.

From a case of a robot accidentally nicking a blood vessel that apparently killed a man, to a patient getting hit in the face with a robot arm, more of these robotic horror stories have popped up in recent years. Most of these robots are controlled by a surgeon. Robots do not have shaky hands and are usually error free, but they are still missing one very valuable tool: a human brain. Last year there were 367,000 robot-assisted surgeries, many of them resulting in success. The question is, are these robots doing more good than bad?

]]> Since January 1 of 2012, nearly 500 different cases of problems have been filed by patients claiming to of been a victim of medical malpractice from a robot. One case involved a Chicago man who was killed after a spleen surgery. The most popular four-armed surgical robots is called "da Vinci." It is estimated that 1 out of 4 hospitals in the United States has one of the da Vinci models.

Overall the robot has had more success stories than horror stories, but accidents do happen. The family of the Chicago man filed a medical malpractice lawsuit against the hospital on the grounds of inadequate surgeon training with the robot, which caused the man to die. The family was awarded $7.5 million in damages. Some Chicago residents may be asking themselves, do they trust a robot with their surgery?

Source: News Net 5, "Robot hot among surgeons but FDA taking fresh look," Lindsey Tanner, April 9, 2013

Illinois workplace cited by OSHA for safety violations

2013-04-22T16:42:52Z

America's employers have come a long way since the Occupational Safety and Health Act of 1970. This act ensures that employers are responsible for providing their employees with a safe and healthful workplace. Throughout America's history, the workplace has seen many improvements, especially with worker's compensation laws. But even in today's society, there still are unsafe workplaces. A few weeks ago the U.S. Department of Labor's Occupational Safety and Health Administration cited an Illinois roofing contractor with eight safety violations.

The proposed citations totaled $47,960 after OSHA visited Woodridge Enterprises Inc. The company was charged with three repeat violations for a lack of fall protection for workers. Falls are one of the leading causes of fatal accidents in the workplace. The violation put workers in serious risk of injury. After the citations, the company was put on a "severe violator" list and will be subjected to mandated follow-up inspections.

]]> Just about every employer is responsible for their worker's safety. Anytime employers endanger workers by a willful failure to abide by safety rules, they are negligent. For example, if an employer fails to properly warn employees of the dangers of a machine or piece of equipment and one of the employees is hurt as a result, the employer would be negligent and responsible for paying worker's compensation.

Any Illinois resident who has been injured on the job or subjected to unsafe work conditions may take action. Calling the OSHA hotline to report an incident is a great way for Illinois employees to exercise their rights. Worker's compensation can often help injured employees get through difficult times.

Source: United States Department of Labor Occupational Safety & Health Administration, "US Department of Labor's OSHA cites roofing contractor Woodridge Enterprises Inc. for lack of fall protection at Illinois job site," April 11, 2013

17-year-old suffers brain injury from negligent driver

2013-04-19T19:59:31Z

The world is wide open with possibilities for many 17-year-old Chicago teens. The future is often on their minds. Teens often dream of becoming anything they want when they grow up. From becoming anything from a professor to an astronaut, many teens have bright dreams of the future. It is always tragic when these dreams are derailed due to the negligence of another. Recently, a 17-year-old high school student was struck by a Jeep which caused her to suffer a serious brain injury. Despite all odds, the teen is not giving up.

Two teens were out for a jog when they were hit by a Jeep that was going too fast. Both girls survived, but one of them suffered a traumatic brain injury while the other suffered only minor injuries. The 22-year-old driver who struck the joggers was charged with driving with a suspended license and driving too fast for conditions. After three weeks in an intensive care unit, the teen was transferred to another center where she will continue treatment and rehabilitation. The family of the 17-year-old has said she is doing great and hopes to one day have her dreams back on track.

]]> Any time individuals cause a personal injury to another due to negligence, they may be responsible for damages they cause including medical bills, loss of wages and change of lifestyle to an individual. Negligence occurs when an individual fails to exercise a degree of care expected in a given situation. Every time someone drives a car, he or she is expected to follow all safety rules and regulations. Any time they fail to do this by doing things like speeding or driving drunk, they are negligent and often liable for any injuries or damages they cause.

Negligent drivers have derailed the dreams of many Chicago residents. Any time an individual is injured by the negligence of another, he or she may be entitled to compensation. Experienced attorneys can often help better explain the process of receiving compensation.

Source: Athens Banner-Herald, "Athens teen released from brain injury program, man who struck her with jeep sentenced," Allie Jackson, April 11, 2013

1 dead, others injured in car accident with police car

2013-04-17T15:40:34Z

Every time a Chicago driver has passengers in the car, that driver should treat them as precious cargo and drive with the utmost caution. Driving drunk or otherwise recklessly can lead passengers to suffer serious injuries or even death.

Just last week a 24-year-old Illinois driver caused an automobile accident by crashing his car full of three people into a squad car carrying two police officers. At least one of the passengers in the car died after the accident, leaving the other passenger and the driver in critical condition. Both police officers involved suffered severe injuries and were taken to the hospital.

]]> According to a witness, the young driver drove through a red light at high speed and crashed into the police squad car. One of his passengers, an 18-year-old male, was ejected from the car and pronounced dead at the scene. The driver is now facing several charges including reckless homicide, aggravated DUI resulting in death, aggravated DUI resulting in bodily harm and driving under the influence of alcohol.

Any time a driver makes the decision to drive above Chicago's legal blood alcohol limit of 0.08, that driver is driving impaired. When drivers engage in this type of reckless behavior, they may not only face serious charges, but they may be held liable for any injuries or wrongful death caused by their actions. The wrongful death or serious injury of another may often require compensation for which the negligent driver can be held legally responsible.

Automobile accidents have cost numerous Chicago residents their lives. Anytime an individual is killed in an accident caused by another, their families or loved ones may be compensated for their loss. A legal professional may provide helpful advice for anyone considering pursuing such a claim.

Source: Chicago Sun-Times, "Joliet man charged after fatal crash involving squad car," April 15, 2013

Victim of bullying filing lawsuit after suffering brain injury

2013-04-13T14:14:02Z

Bullying has been a problem throughout the years. It can happen just about anywhere, from schools to the workplace, one thing is certain; bullying can cause serious negative consequences for many Chicago victims. Suicides, depression and various mental health illnesses can all be associated with bullying. But recently, brain injury was added to the list. A teenage boy is now seeking compensation from his school after he physically suffered brain injuries from several bullies while the school officials allegedly did nothing to help.

The alleged incident occurred when a teenage boy was attacked by multiple bullies who repeatedly threw footballs at his head until he suffered serious brain injury. The boy was taken to the hospital were doctors removed a blood clot. The teen claims he has suffered permanent brain damage and neurological and cognitive impairment as a result of the attack. He also claimed that school officials did nothing to prevent his attack even after he told them months before about the bullying.

]]> The teen and his grandma are filing a lawsuit against the school district and four school officials for being negligent in preventing the attack. Any time the brain is involved with an injury, it becomes more severe. The brain is one of the most important and sensitive organs and when injured, serious life threatening injuries may result. Victims that have received brain injuries due to another's negligence may be eligible for damages. Medical costs and loss or productivity cause American's to spend $60 billion a year in brain related injuries.

Any Chicago resident that has suffered a brain injury due to the negligence of another may be compensated for their injuries. An experienced attorney may be able to offer legal advice or help to any victim curious about brain injury damages.

Source:Inquisitr.com, "Teen Claims Bullies Caused Brain Damage: Suing School," April 2, 2013

King of pop's family asks for $40 billion in wrongful death suit

2013-04-11T14:12:19Z

Millions of Chicago residents have enjoyed the music of pop legend Michael Jackson for generations. It was a huge shock to many when he was pronounced dead on the eve of his comeback tour "This is it." The ambiguity surrounding his death had many fans confused and desperate to find out what happened.. After an investigation, Jackson's death was attributed to cardiologist Dr. Conrad Murray who gave the singer a lethal dose of an anesthetic medication called propofol.

Jackson's family has recently filed a wrongful death lawsuit against the pop legend's concert promoter, AEG Live, who allegedly hired Dr. Murray to treat the singer's chronic insomnia. The family is demanding that AEG Live pay $40 billion in compensation for what the pop singer would have likely made had he been alive. The Jackson family claims that AEG was negligent in hiring Murray knowing well that he would use dangerous prescription drugs to treat the singer's sleeping problems.

]]> Murray is currently serving a four-year involuntary manslaughter jail term and has not specified whether he will speak in court. AEG Live has defended themselves by saying that Murray was not their employee. They allegedly claimed that Murray said in an interview two days after the pop star's death that he was Jackson's employee.

In most wrongful death cases, the family must prove that their loved one was killed due to the negligence of another individual, company or entity. Once found guilty of negligence, the difficult task of determining how much the family will be compensated for is the next step. The exact number of punitive damages depends on a number of factors including loss of income and parental guidance by a loved one. In Michael Jackson's case, the courts may consider the pop star's future income in the size of the damages.

Wrongful death commonly occurs by car accidents, medical malpractice and criminal behavior. In Jackson's case, it is unclear at this time what the outcome will be. An experienced attorney may provide advice to any Chicago residents that are curious about wrongful death or looking for compensation for the death of a loved one.

Source:MTV.com, "Michael Jackson $40 Billion Wrongful Death Trial Begins," Gil Kaufman, April 2, 2013

Drunk driving accident kills one man

2013-04-03T15:49:41Z

Getting behind the wheel of a motor vehicle is something a lot of individuals often take for granted. After driving a certain amount of miles, many people discover that driving just blends in with the rest of their daily routines. But sometimes one mistake while driving can cause personal injury to other, or even loss of life. Every year millions of Americans are injured from car accidents. Recently a Romeoville woman made a driving mistake that cost a man his life.

The accident occurred when a 49-year-old man ran out of gas. He pulled over to the shoulder and waited for his friend to bring him some more fuel. Upon waiting, a 21-year-old woman was trying to pass another car when she swerved into the shoulder crashing into the man's vehicle. Upon impact his body was sent hurtling over 30 feet in the air. He was pronounced dead at the scene.

]]> Upon investigation, police discovered that the 21-year-old was intoxicated during the accident. She now faces several felony charges including aggravated DUI involving death, failure to avoid a pedestrian, driving an uninsured vehicle and illegal transport of alcohol.

Driving under the influence of drugs and alcohol can have terrible consequences. Anyone that chooses to drive under the influence is automatically considered a negligent driver. Most negligent drivers that cause bodily harm to other victims are often responsible for the injury or death that they cause.

It is extremely important for any Chicago resident that has been injured from a car accident caused by a negligent driver to seek legal help. In many cases, compensation may be available for victims and family members of people injured or killed in car accidents.

Source: Chicago Tribune, "Romeoville woman charged with DUI in fatal O'Hare crash," Jason Meisner, March 25, 2013

Brain Injury awareness important for all Chicago residents

2013-04-01T17:47:59Z

Most Chicago resident knows that the brain is one of the most crucial organs in the body. . Although any kind of personal injury can affect a person's life, a brain injury can have dramatic effects. Thus, it is imperative to protect one's brain be. Unfortunately most brain injuries can occur without warning. Every year 1.7 million Americans sustain a traumatic brain injury. Victims of TBI often are often faced with high medical cost and life-long damages. The Brain Injury Association of America aims to spread awareness for TBI victims as well as improve the quality of their life.

There are many forms of brain injuries, no two injuries are the same. While the majority of brain related injuries occur from slips and falls, there is still a large portion that is a result of motor vehicle traffic accidents. Nearly 1/5 of all brain injuries are a result of an auto accident.

]]> Often times if someone is at fault for an accident, they may be responsible for the damages they caused. Any time a driver is negligent, meaning they either fail to do or to not to do something, they may be liable to compensate the victims for their injuries. For example, if a driver neglects to stop at a red light and crashes into another car as a result, that driver may be legally responsible for any injuries they cause to passengers of the other car.

Any Chicago resident that has suffered a brain injury as the result of another's negligence may be eligible for compensation. Brain injuries can often cost a small fortune to treat and may be life-long. Seeking legal advice is often a good first step to insure compensation is granted.

Source: The Huffington Post, "Anat Baniel: Brain Injury Awareness Month: New Hope for the Brain-Injured Person," Anat Baniel, March 19, 2013