Healy Scanlon Veugeler Gannon

$1,000,000.00 Verdict

Mon, 13 Apr 2026 21:06:31 GMT

Attorneys Michael P. Scanlon and Timothy J. Ganshirt secured a $1,000,000.00 Verdict for their client, Jane Doe. Jane Doe was sexually assaulted by her acupuncturist when she went to his office for treatment.

Prior to trial, the Defendant did not make a settlement offer. At trial, the Defendant's attorneys argued that Plaintiff consented and recommended that the jury award a maximum of $7,000 to $8,000 to the Plaintiff, if the jury were to award anything.

Instead, the jury returned a verdict for $1,000,000.00. Michael and Tim are filing a motion to add interest, fees, and costs to the verdict. If granted, thetotal judgment could reach up to $1,234,333.06.

This case highlights the importance of making sure that you choose attorneys who are willing to go to trial to ensure your case gets the full value it deserves.

$40 Million Settlement

Wed, 25 Mar 2026 19:21:41 GMT

Matthew M. Gannon and Michael P. Scanlon secured $40,000,000 for an operating engineer who suffered from third degree burns following a blast at an industrial facility.

$9.85 Million Recovered for a Local 150 Member

Wed, 16 Jul 2025 21:15:07 GMT

Attorneys Matthew M. Gannon and Michael P. Scanlon secured this significant settlement for a client who suffered from a post-surgical infection following the implantation of a medical device.

Millions Secured for Injured Worker

Wed, 11 Dec 2024 19:22:59 GMT

Kevin Veugeler secured a $3.2 million recovery plus a waiver of $750,000 in Workers' Compensation benefits for a Sprinkler Fitter who fell from a ladder. While litigating this case, Kevin was able to show that the general contractor and owner of the jobsite failed to follow their own site-specific safety plan to protect the safety of their subcontractors. Through documents and deposition testimony, Kevin was able to establish that the general contractor and owner failed to provide a safe place to work.

If you, a friend or a family member have been injured, please contact Healy Scanlon Veugeler Gannon for a free consultation.

$8.55 Million Recovered for Injured Construction Worker

Wed, 11 Dec 2024 19:21:46 GMT

Matthew Gannon secured an $8.55 million dollar settlement for a construction laborer who suffered a crush injury involving multiple fractures of his leg. Matthew obtained evidence that the general contractor in charge of the work site failed to appropriately stage the phases of work during construction. In addition, Matthew uncovered evidence that the

equipment that caused the injury was not being properly supervised at the time of the occurrence.

If you, a friend or a family member have been injured, please contact Healy Scanlon Veugeler Gannon for a free consultation.

$7.5 Million Secured for Surgical Glue Injury

Wed, 04 Dec 2024 16:37:16 GMT

John Scanlon and Kevin Veugeler secured a $7.5 million dollar recovery for a 57-year- old Chicago area man who was injured during surgery at a Chicago area hospital. Their client went in for a neurological procedure to treat a malformation in the brain that increased this client's chance of having a stroke.

Unfortunately, the surgeon chose to use a material that was difficult to control within the delicate brain vasculature. Doctors commonly use different types of fillers that are injected into malformations to seal it off.

In this case, a type of glue with higher associated risks was utilized on this client, and it escaped into other areas of the

brain causing permanent damage.

If you, a friend or a family member have been injured by a medical product, please contact Healy Scanlon Veugeler Gannon for a free consultation.

Rachel Strieber to Co-Host Women's Bar Judges' Night

Sun, 01 Dec 2024 19:30:49 GMT

Rachel Strieber was honored to plan and co-host the "Women's Bar Cook County Judges' Night" on December 5, 2024. Over 40 judges were in attendance. Rachel is currently a member of the Illinois Women's Bar Association's Civil Litigation Committee where she works to increase opportunities for continuing legal education for fellow attorneys. Rachel

also serves on the planning committee for the Women's Bar "Top Women Leaders" and "Judicial Reception" events.

Healy Scanlon Veugeler Gannon Welcomes Rachel K. Strieber, Attorney at Law

Tue, 26 Nov 2024 16:12:38 GMT

Healy Scanlon Veugeler Gannon is excited to share that Rachel K. Strieber is joining the firm as its newest associate attorney. Rachel has been working at the firm as a law clerk for the past 3 years and recently passed the Illinois bar exam

with a score high enough to practice in all 41 UBE jurisdictions.

Rachel graduated Order of the Coif, ranked within the top 10 students in her graduating law class at DePaul University College of Law. She obtained numerous CALI Awards for earning the highest grade in courses including Secured

Transactions, Criminal Procedure, Civil Litigation Drafting, Litigation Laboratory Practicum, and Legal Research & Writing.

While in law school, Rachel served as Symposium Editor of DePaul Law Review, and her article regarding EPA regulation of toxic torts was published in Volume 73, Issue 4. She also served as a tour guide for the Office of Admissions, a teaching

assistant for a legal research & writing course, a Student Bar Association mentor, and President of a student organization.

Rachel obtained multiple scholarships and awards including the Dean’s Certificate of Service, Dean’s Scholarship Award, and Student Leadership Certificate. Prior to law school, she graduated Summa Cum Laude (4.0 GPA) with a bachelor’s

degree in Journalism and cognate in Spanish from the University of South Carolina Honors College.

Rachel currently serves as Vice Chair of the Chicago Bar Association (CBA) Young Lawyers Section (YLS) Environmental Law Committee and sits on multiple committees for the Women’s Bar Association of Illinois (WBAI). She also volunteers as a Certified Wish Granter for Make-A-Wish Illinois.

With a military family background, Rachel is excited to serve Illinois laborers and citizens.We are very excited to have Rachelas part of our permanent team.

$5.75 Million Settlement for Local Chicagoland Family

Tue, 26 Nov 2024 16:06:09 GMT

Michael P. Scanlon secured a $5.75 million settlement for a Chicagoland family after Gary Luke, a Sauk Village police officer, initiated a pursuit after witnessing a vehicle speeding and littering. The fleeing vehicle crashed into the family's home, severely injuring a minor.

Defendants filed multiple motions for summary judgment, arguing that they were immune from liability. Michael won all motions, and the case settled shortly before trial was set to begin.

If you, a friend or a family member have been injured, please contact Healy Scanlon Veugeler Gannon for a free consultation.

Library at the Irish American Heritage Center Opens

Wed, 13 Nov 2024 16:59:52 GMT

After many years of volunteer work and fundraising, the Library at the Irish American Heritage Center opened on Sunday, December 11, 2005, with hundreds in attendance.

The fundraising efforts began in 1994 with a small committee including Tom Boyle and John Fitzgerald. It spanned the supportive presidencies of John O’Malley, the late Nora Murphy, Mike Hamman, Chuck Kinney and Patrick Bloom.

It also spawned three major fundraising dinners with special performances by Phil Coulter and Irish Tenor, John McDermott. The galas were chaired and emceed by the Honorable Neil Hartigan, Assessor Jim Houlihan, Channel 7’s Joel Daly, Jim Sloan, Jerry Gleason and Bill Mitchell.

Just about every phase of the construction of the Library was advanced through the tireless efforts of volunteers at the Center, under the expert leadership of Ambrose Kelly. The Library will house the collective Irish knowledge from the past and make it available for generations into the future. It is truly an outstanding Irish Library. There are books on almost every Irish subject, fiction and non-fiction, an adult and a special children’s section, books on tape and videos. The Library also offers an opportunity to study ancient aspects of Irish history.

THE BREHON LAWS

From an attorney’s viewpoint, an example of such a study could relate to one of the most interesting features of early Irish society, a remarkable system of societal self-regulation known as the Brehon Laws.

Research on Brehon Laws would indicate that long before the Viking, the Norman or the Anglo Saxon invaded its shores, Ireland had developed its own unique and well-defined way of life. Early Irish society laid great emphasis on distinctions of rank and profession. The application of the law was conditioned on one’s status.

The Brehon Laws derive their name from ‘brithem’ in old Gaelic or ‘breitheamh’ which means judge in the modern Irish legal system. Accordingly, the Brehon Laws are literally judge-made laws. The Brehon Law judges were divided into three grades. The lowest was allowed to decide cases pertaining to craftsmen. Next in line was the judge known to be competent in traditional law and poetry. The most esteemed of the judicial categories comprised those learned in the traditional law and poetry, and also canon law. Each tuath, or petty kingdom had its own breithem who was appointed by the king. The judges’ fees were, in some cases, calculated as one-twelfth of the amount at issue between the parties.

While the laws focused on protection of person and property, unusual offences, involving social mores of the time, included refusal of hospitality, violation of protection and satire. Satirical attacks might include mocking a person’s appearance or physical condition, and could result in a fine. Anyone interested in ancient Irish systems of law or other aspects of Irish antiquity will have an abundant source of materials at the Library.

And on non-law related subjects, Ireland also has such a colorful history. The new Library will provide the research tools to explore its interesting past, from ancient to modern, and all other things “Irish.”

The Library contains volumes by James Joyce, Samuel Beckett, William B. Yeats, Oscar Wilde and George Bernard Shaw, for those with an appetite for tackling these worldwide Irish literary giants.

Books have been donated by various individuals over the past twenty years including some rare volumes of Thomas Moore’s poetry and music from the late 19th Century, kindly donated by Tom Boyle. Chicago native, Finley Peter Dunne, is well represented for those interested in following the adventures of his famous protagonist Mr. Dooley. The above is a mere snap shot of the collection available at the Center, and librarian, Peg Reid, will be happy to assist you with your search for the hard-to-find volumes from our Celtic past.

On a personal note, I want to thank the Officers and Members of the Board of the Irish American Heritage Center for recognizing my parents, Martin Healy, Sr. of Swinford, County Mayo and Mary Henneghan Healy of Tourmakeady, County Mayo, in connection with the Library.

The Library will welcome visitors after the first of the year.

“Statutory Employer” And Its Impact On The Employee

Wed, 13 Nov 2024 16:58:54 GMT

Healy Scanlon Law Firm has for many years represented Irish and Irish-Americans in matters involving personal injury and work-related injury. There are fact situations that reoccur which can be avoided if the individuals are aware of their rights and remedies under our legal systems. The following fact situation is one that we have seen often.

Michael arrives in Chicago from Ireland looking for work. Like many new arrivals Michael initially takes whatever work he finds, floating from job to job. Michael runs into a friend who tells him that he has been hired by a general contractor to do some subcontracting work and asks if Michael will work for him as a laborer. Michael is pleased to get the job. During the course of the construction of a house, he slips and falls from a roof and is severely injured. Michael is rushed to the emergency room by ambulance, undergoes surgery and is advised by his treating physicians that he will be unable to work for six months or more. Following the receipt of this bad news, Michael learns that insult has been added to injury. Michael’s friend does not have workers’ compensation insurance. Michael is facing the responsibility for thousands of dollars in bills, and a minimum of six months loss of income, not to mention the prospect of his future work capacity being seriously restricted due to his injuries. What can he do?

The Irish community to its credit often rallies around the Michael’s of this world. The community provides him with a place to stay, holds fundraisers to help pay his medical bills and supports him while he is unable to work. However, there may also be some legal options. Under Section 820 ILCS 305/1(a)3 of the Illinois Workers’ Compensation Act, anyone who hires a subcontractor to do work, may become liable to pay compensation to the employees of any such contractor or subcontractor if such contractor or subcontractor doesn’t have insurance.

This section of the Workers’ Compensation Act provides for what is known in the industry as the “statutory employer.” Essentially, if a contractor hires a subcontractor to work on his job and that subcontractor turns out not to have insurance for his injured employee, then the general contractor may become liable to pay for the workers’ compensation benefits of that injured employee.

The general contractor may be deriving a financial benefit by hiring a subcontractor who is uninsured. Without the cost of insurance premiums, the subcontractor may be able to make a lower bid for his work. For many reasons, as a matter of public policy, the general contractor steps into the shoes of the subcontractor in terms of his responsibility for his injured worker. Section 820 ILCS 305/1(a)3 specifically states that this provision of the Act automatically applies to employers performing work defined as being extra hazardous and enumerates as extra hazardous activity (1) the erection, maintaining, removing, remodeling, alteration or demolishing of any structure; and (2) construction, excavating or electrical work. Under the terms of the statutory provisions of the Act, Michael would receive all of the benefits provided under the Workers’ Compensation Act including, but not limited to, the right to unlimited medical care, the right to two-thirds of his wages tax free for the duration of time he is unable to work, vocational training if he is unable to return to his prior employment and a lump sum settlement.

This fact situation is not uncommon and, with the summer coming, more likely to happen, due to the influx of temporary workers from Ireland. If you know of anyone who is injured while working and there is a problem with insurance coverage, advise them to seek counsel immediately.

Child Restraint Systems, Part II

Wed, 13 Nov 2024 16:58:02 GMT

Last month’s article dealt with the importance of utilizing a properly fitted child restraint system. That article highlighted the unfortunate fact that federal standards in this area are inadequate, and there is no requirement for comprehensive testing prior to the release of child restraint systems to the consumer market. As a result, defective car seats slip through the system and are sold in the United States.

One tragic result of these poor standards occurred in Montana in 2000. Four month old Tyler Malcom died in a highway accident when his Evenflo “On My Way” car seat broke loose from the seatbelt and flew out of the vehicle with him still strapped inside. A post accident inspection revealed that hooks that secured the seat to the seatbelt cracked off. Evenflo manufactures its car seats in the United States and China.

After a lawsuit was filed, Tyler’s parents discovered that in Evenflo’s own tests, prior to the accident, the seatbelt hooks cracked allowing the seat to fly off the testing bench with the testing dummy still strapped in. In fact, the company had videotaped the dramatic testing failures. However, the manufacturer never notified the government of the test failures, nor was it required to under the existing law.

A few weeks ago, a Montana jury found that Evenflo knowingly produced and sold a defective child restraint system, even though the company claimed it met all federal standards. The jury awarded the family over $10 million. The verdict included $3.7 million in punitive damages, meant to punish Evenflo for its willful and wanton misconduct in allowing its car seats to be distributed after it knew of their dangerous defect.

Evenflo continues to deny there was any defect in its car seats, and released an announcement that it intends to appeal the jury’s decision to the Montana Supreme Court.

“ON MY WAY” NOT THE ONLY EVENFLO CAR SEAT WITH DEFECTS

Meanwhile, as Evenflo denies defects in its “On My Way” car seats, it admits they exist in other car seats. In May, Evenflo in conjunction with the Consumer Product Safety Commission and the National Highway Traffic Safety Administration announced a recall of 450,000 Evenflo “Embrace” car seat/carriers. The defect in the “Embrace” occurs when used in career position. The handle can unexpectedly release, causing an infant to rotate forward and fall. Prior to the recall, Evenflo had received 679 complaints. These complaints included 160 injuries to children, including one child who sustained a fractured skull.

Likewise, in 2001 Evenflo had a similar handle detachment problem with its “Joyride” car seat/carrier. This prompted a recall of 3.4 million of the combination seats/carriers. One Consumer Reports spokesman criticized the decision to make multi-use products, stating that design standards have not yet been established.

CONSUMERS MUST KEEP TRACK OF RECALLS

As our news becomes inundated with recall after recall of children’s products, including everyday items like toys and car seats, it becomes more and more important for consumers themselves to keep track of product recalls. Both the National Highway Traffic Safety Administration and the Consumer Product Safety Commission keep information related to recalls on their websites. More importantly, recalls are preceded by consumer complaints. If you experience problems with a product, it is important to report the problem to the manufacturer. If you or one of your children is injured because of a defect in a product, it is important to contact a product liability attorney as soon as possible.

Deadline For Child Abuse Claims In Ireland Is Approaching

Wed, 13 Nov 2024 16:57:07 GMT

Many claims for physical, emotional and sexual abuse suffered in Irish Institutions going back as far as the 1920’s have been filed in Ireland. The claims involve children residing in industrial schools, orphanages, reform schools and other types of institutions who were subjected to ill treatment. In response to an awareness of this treatment, the Irish Government in December, 2002, created the Residential Institutions Redress Board. The purpose of the Board was to compensate those who had been abused as children in residential homes in Ireland. The schedule of institutions involves numbers well over a hundred, located in all parts of Ireland.

The filing period for claims with the Board is three years from the date of its establishment, so it will end in December of this year. It is estimated that thousands of people in the United Stated may be eligible to file a claim, but, that many have still not done so and that many may not even be aware of their right to file such a claim. The Redress Board, which is an independent entity, is chaired by The Honorable Justice Sean O’Leary, a Judge of the High Court.

APPLICATION FORMS

The claim process begins by filing an application with the Redress Board. There are two application forms: a general application form for those applying for themselves or for persons under the age of 18 or person incapable of managing their own affairs, and a deceased application form for persons applying on behalf of a person who has died after May 11, 1999.

After receiving an application, the Board may obtain further information, which includes notifying the person and institution involved. After the Board obtains all the information it deems necessary, it then may make a settlement offer. The applicant is free to accept or reject the offer. If accepted, no hearing is necessary. If rejected, it will go on to the hearing stage by the Board.

REDRESS BOARD HEARINGS

Most of the claims filed with the Redress Board have been settled without a hearing. The Board endeavors to settle the claims without a hearing, especially if the burden of travel is too great. The hearing process of the Board is informal, private and not opened to the public or media. The cases are handled with sensitivity to the subject matter of the claims. If the applicant is not satisfied with the award by the Board, an appeal may be taken to the Residential Institutions Review Committee. If the award is accepted at either level, the applicant gives up the right to bring an additional claim in court for the injuries.

FILING DEADLINE

The filing deadline for claims with the Irish Residential Institutions Redress Board is December 1, 2005. If you or a friend or relative was the subject of this type of treatment, contact can be made with attorneys in this country who can work with solicitors in Ireland to process the claims. Additional information is available at www.rirb.ie.

Martin Healy Jr. chosen as Person of the Year by the Irish American Heritage Center

Wed, 13 Nov 2024 16:56:11 GMT

Martin Healy Jr. has been chosen as Person of the Year by the Irish American Heritage Center/ IBAM committee for his dedication and support of the Irish community in Chicago. The son of immigrant parents from Ireland, Martin is very active in the Irish Community and Irish organizations including the Irish Fellowship Club of Chicago (President), Irish American Heritage Center (Chairman, Library Fundraising Committee), Celtic Legal Society (President) and the St. Patrick’s Day Parade Committee (Annual Dinner Chair and Secretary of the Board of Directors). Martin Healy and other members of The Healy Scanlon Law Firm write a monthly column for the Irish American News, “Healy Scanlon” covering legal topics of interest.

WE ARE PROUD TO HAVE REPRESENTED MEMBERS OF THE FOLLOWING UNIONS:

Wed, 10 Jan 2024 17:27:01 GMT

American Federation of State, County & Municipal Employees #2912
Association of Flight Attendants — Communications Workers of America #8
Amalgamated Transit Union #308
Boilermakers Local #1
Cement Masons Local #502
Carpenters Local #10, #12, #434
Ceramic Tile Finishers Local #25
Chicago Teachers Union/American Federation of Teachers #1
Electrical Workers Local #9, #134
Elevator Constructors Local #2
Fire Fighters Local #2, #1263, #3074, #3547, #3905, #4092, #4223, #4323
Glazers Local #27
Graphic Communication Workers Local #458
Heat and Frost Insulators Local #17
Iron Workers Local #1, #63
Laborers Local #1, #2, #4, #5, #6, #76, #1001, #1092
Lathers Local #74
Machinists Local #126
Operating Engineers Local #150
Painters Local #14, #21
Pipe Fitters Local #2, #123, #597
Plasterers Local #5
Plumbers Local #130
Roofers Local #11
Service Employees International Union #1, #73
Sheet Metal Workers Local #73
Sprinkler Fitters Local #281, #669
Stagehands IATSE Local #2 of Chicago
Stationary Engineers Local #399
Teamsters Local #705, #710, #726
Transport Workers Union of America Local #556
Tuck Pointers Local #52
Unite Here #1
…and many others.

Over $1.45 Million Settlement for Sprinkler Fitter

Sun, 26 Nov 2023 16:08:32 GMT

Healy Scanlon Veugeler Gannon would like to congratulate Kevin Veugeler and Michael Scanlon for securing a recovery over $1.45 Million for a 48-year-old Local 281 sprinkler fitter who was in a collision on the expressway.

While driving a service truck, the fitter was involved in a multi-car collision. Healy Scanlon Veugeler Gannon was able to secure both workers' compensation and third-party benefits.

Unfortunately, another driver involved in the collision chose a billboard attorney to represent him. He received far less in recovery despite sustaining significant injuries.

The counsel that you choose to represent you is important. If you, a friend or a family member have been injured, please contact Healy Scanlon Veugeler Gannon for a free consultation.

What should you do if you have been hurt or injured in a motorcycle accident?

Tue, 25 May 2021 14:33:00 GMT

The summer is coming, the weather is changing, and motorcycle riders are ready for a new season of fun. However, have you thought about what to do in the event that you are involved in a serious motorcycle accident? What you should do will depend on the severity of your accident and injuries. If you have been seriously hurt or injured, you may not be able to do anything due to the extent of your injuries. Motorcycle accidents and injuries are normally the most severe amongst motor vehicle accidents.

If you are a regular rider, it is a good idea to leave instructions for a friend or loved one if the event that you end up in the hospital and cannot communicate with anyone.

Find a Motorcycle Accident Attorney

A motorcycle accident and injury attorney can help you navigate the legal system and help you get compensation for your injuries if others were at fault. Oftentimes attorneys are only called after a horrific accident or injury that caused a serious injury or even death to a biker. An experienced accident and personal injury lawyer can help you plan for a motorcycle accident, collision, serious injury or crash.

Estate Planning For Motorcycle Riders

Most biker think they are invincible and do not plan or talk about plans for the end of life – this is especially true amongst younger bike riders. If you are a regular rider, it is a good idea to have an estate plan in place. It could be something as simple as a will and a medical power of attorney. You could also add a trust, depending on the amount of assets you have. A possible future motorcycle crash is a good reason to have an estate plan in place, but estate planning is always smart to prepare for. When you have an estate plan in place like a medical power of attorney or a living will – it will be much easier for your loved ones to manage your affairs and make decisions for you in the event that you should suffer from a serious or catastrophic injury.

Motorcycle Accident Scene

If you can move after the accident, check on others involved in the accident. Then contact 911 to let them know that you were involved in a motorcycle accident and that you need help and an ambulance if your injuries are severe. Gather contact information, registration, and insurance information from all those involved in the incident. Additionally, obtain contact information from any witnesses that you may see in the area. Ask witnesses what they saw and take notes. You can use your cell phone to take pictures of the accident scene – make sure you get photos from many different angles. Take photos of any skid or tire marks and pictures of any property damage.

Allow the emergency medical people to thoroughly check you over. Once the police release you from the scene, go to the hospital and ask for a complete checkup. Sometimes injuries will not appear for hours or even a day or two after an accident due to adrenaline in your body. Even if you believe your injuries are minor, you should still have a thorough medical examination.

The sooner you can speak with an attorney, the better. You are more likely to remember pertinent facts and information immediately after an accident. If you wait to talk to an attorney, you might forget about something that could make or break your case.

Contact Your Insurance Company

It is important to let your insurance company know that you were involved in an accident, even if the at-fault driver’s insurance is responsible. When you contact the insurance company, only give the representative your name, contact information, date and location of the accident, the other driver’s insurance and contact information, and your attorney’s contact information. Let your lawyer provide all other details after you make initial contact. Do not forget – insurance companies are in business to make money. The representative may try to get you to discuss the accident – refer them to your motorcycle accident attorney. The insurance company may twist your words to deny your claim. If the insurance company cannot find a reason to deny your claim, they may use what you say against you in an attempt to offer you a low-ball settlement. Attorneys with experience in motorcycle crashes know the tricks that insurance companies will use. Since most people do not deal with the insurance companies regularly other than to pay insurance premiums, you may not be aware of these tactics. Some victims of motorcycle wrecks may try to settle on their own, however do not recommend proceeding without legal representation. In most cases, those who try to settle their claim without the help of a lawyer will receive less compensation than those who hire an attorney. The insurance company will not tell you if you are entitled to compensation for some injuries, but an attorney can evaluate all of your injuries and determine the true value of your claim.

Motorcycle Accident Injuries

Some injuries that can occur in a motorcycle accident include:

Recovering Damages After a Motorcycle Accident

Economic Damages – some damages include past medical expenses, future medical expenses, past lost wages, future lost wages, replacement or repair of destroyed property (including your bike) and funeral, burial or cremation expenses if you lost a loved one in a catastrophic motorcycle accident.

Non-Economic Damages – pain and suffering, emotional distress, loss of quality of life, loss of companionship, loss of consortium (if you can no longer have a physical relationship with your spouse), inconvenience expenses (if you have to hire someone to do chores you normally do, including house cleaning, grocery shopping, lawn maintenance, and home maintenance and repair), and extra compensation for scarring and disfigurement.

Courts will normally award non-economic damages if doctors believe that your injuries will lead to long-term or permanent disabilities or if you lost a loved one in a motorcycle accident. Contact an experienced motorcycle accident lawyer for a free case evaluation if you have suffered serious injuries or have lost a loved due to a motorcycle accident.

The personal injury attorneys at Healy Scanlon Law Firm are proud to have obtained more than 50 verdicts and settlements in excess of $1,000,000.00 for our clients. We have also obtained many multi-million dollar verdicts and judgements for our clients. We have a track record of success and have established a reputation by recovering RECORD SETTING JURY VERDICTS/JUDGMENTS for our clients.

The post What should you do if you have been hurt or injured in a motorcycle accident? appeared first on Healy Scanlon Veugeler Gannon .

Some Tips To Help Prevent Traumatic Brain Injuries

Wed, 28 Apr 2021 16:39:00 GMT

According to the CDC – around 165 Americans die each day due to traumatic brain injuries. These injuries can be caused by a blow or penetrating injury to the head. Traumatic Brain Injury is a significant cause of death and disability in the United States – contributing to around 30% of all injury deaths. Those who survive TBI commonly face effects lasting a few days to disabilities that can last for the rest of their lives. The risk of death from an injury doubles following a moderate to severe traumatic brain injury.

TBI can cause impaired thinking, memory, or movement and can cause emotional changes like personality changes and / or depression. Common causes of TBI include falls, being struck by an object, motor vehicle collisions and crashes, suicides and falls from high places. People tragically die each year while cleaning gutters and performing DYI tree trimming, etc. Preventing older adult falls, improving safe play in sports, and increasing motor vehicle safety can help reduce Traumatic Brain Injury.

Older adults are most at risk for TBI, specifically those who were 75 years of age and older.

Here are some steps that older adults can take to prevent falls and TBI

Improve Sports Safety

Learn about basic concussion safety – children can learn the benefits of playing safe. Prevention and awareness can help create a culture of concussion safety within your community. Adults and children should wear a helmet and protective gear when participating in sports and recreational activities.

Increasing Motor Vehicle Safety

Motor vehicle accidents are a leading cause of TBI-related deaths for youth and young adults. Everyone can improve motor vehicle safety by using seat belts for every trip, make sure all passengers are buckled, use appropriate car seats, booster seats, and seat belts. Lastly, choose not to drive after drinking alcohol and / or drugs and helping others do the same.

Americans have added many safety protocols over the years to help reduce the number of TBI injuries. Commonly people ride a bicycle with a helmet, we make sure to use seatbelts when riding in motor vehicles, and most recently we have made improvements to sporting equipment like football helmets.

Reduce your risk of a traumatic brain injury by following these tips:

If you or a loved one has been the victim of a traumatic brain injury due to the negligence of others – contact a personal injury lawyer at Healy Scanlon to help you get the compensation you deserve.

The post Some Tips To Help Prevent Traumatic Brain Injuries appeared first on Healy Scanlon Veugeler Gannon .

No, You Can't Say That In Court

Thu, 01 Apr 2021 07:19:08 GMT

Before you go to court, make sure you know what you can (and cannot) say.

Make a list
Lists are great ways to stay on track. Write down some big things you want to accomplish and some smaller things, too.

Check the list regularly
Don’t forget to check in and see how you’re doing. Just because you don’t achieve the big goals right away doesn’t mean you’re not making progress.

Reward yourself
When you succeed in achieving a goal, be it a big one or a small one, make sure to pat yourself on the back.

Think positively
Positive thinking is a major factor in success. So instead of mulling over things that didn’t go quite right, remind yourself of things that did.

Finding Your Legal Niche

Thu, 01 Apr 2021 07:19:08 GMT

There are so many good reasons to communicate with site visitors. Tell them about sales and new products or update them with tips and information.

Drive traffic to your site
Every time you add a new post, people who have subscribed to it will have a reason to come back to your site. If the post is a good read, they’ll share it with others, bringing even more traffic!

Blogging is free
Maintaining a blog on your site is absolutely free. You can hire bloggers if you like or assign regularly blogging tasks to everyone in your company.

A natural way to build your brand
A blog is a wonderful way to build your brand’s distinct voice. Write about issues that are related to your industry and your customers.

Here are some reasons to make blogging part of your regular routine.

Blogging is an easy way to engage with site visitors

Writing a blog post is easy once you get the hang of it. Posts don’t need to be long or complicated. Just write about what you know, and do your best to write well.

Show customers your personality
When you write a blog post, you can really let your personality shine through. This can be a great tool for showing your distinct personality.

Blogging is a terrific form of communication
Blogs are a great communication tool. They tend to be longer than social media posts, which gives you plenty of space for sharing insights, handy tips and more.

It’s a great way to support and boost SEO
Search engines like sites that regularly post fresh content, and a blog is a great way of doing this. With relevant metadata for every post so search engines can find your content.

Your Relationship With the Law

Thu, 01 Apr 2021 07:19:08 GMT

There is no perfect justice, just as there is no absolute in ethics. But there is perfect injustice, and we know it when we see it.

Take a few moments to plan your post
Once you have a great idea for a post, write the first draft. Some people like to start with the title and then work on the paragraphs. Other people like to start with subtitles and go from there. Choose the method that works for you.

Don’t forget to add images
Be sure to include a few high-quality images in your blog. Images break up the text and make it more readable. They can also convey emotions or ideas that are hard to put into words.

Edit carefully before posting
Once you’re happy with the text, put it aside for a day or two, and then re-read it. You’ll probably find a few things you want to add, and a couple more that you want to remove. Have a friend or colleague look it over to make sure there are no mistakes. When your post is error-free, set it up in your blog and publish.

"There is no perfect justice, just as there is no absolute in ethics. But there is perfect injustice, and we know it when we see it."

- Alan Dershowitz

Pile-up on the Kennedy Illustrates Complexity of Multi-Car Accidents

Thu, 16 Apr 2020 04:32:00 GMT

The scene on the Kennedy was chaotic after a 50+ car pile-up early Wednesday morning . Portions of the expressway were closed for about five hours, 12 ambulances were on sight, and 14 people were transported to area hospitals. Another 45 were medically evaluated at the scene. But, there’s one thing that may be more complicated than dozens of cars and trucks colliding during a springtime snow in the middle of a global pandemic: sorting out liability and securing the compensation you deserve.

The unseasonable winter weather undoubtedly contributed to the crash. But, external factors like slick roadways rarely tell the whole story. Drivers are expected to take note of hazardous conditions and adapt accordingly. When the road is slick and snow may be impairing visibility, for instance, a driver should reduce speed and increase the distance between vehicles. Distracted driving can also play a role in a multi-car accident, since diverted attention may mean a driver loses critical response time and is unable to avoid joining the pile-up.

Healy Scanlon has experience with multi-car and truck accidents. Recently, we handled a wrongful death case for a 50 car pile-up in Michigan City, Indiana. The case resolved after three mediation sessions at ADR Systems. It was the largest mediation ever conducted by ADR.

Determining Liability in a Multi-Car Accident

Police reports and witness accounts provide a starting point for investigating who was responsible for injuries sustained in a multi-car accident, but more in-depth investigation is typically required. Often, more than one driver contributed to the accident. In some cases, partial liability will lie with someone who wasn’t even involved in the accident, such as:

● A trucker responsible for debris in the road that set off the accident chain

● A vehicle owner who negligently entrusted a car or truck to someone who wasn’t in a position to operate it safely

● A vehicle manufacturer or parts manufacturer whose defective product contributed to the accident

Often, identifying possible responsible parties and building a case requires the use of experts, such as accident reconstructionists. And, if a commercial motor vehicle was involved, there may be an additional set of laws and regulations in play, such as federal hours-in-service limits for truckers. This complexity is one reason it makes sense to connect with an experienced local car accident attorney right away after a serious traffic accident. The further removed you are from the accident, the more obstacles you may encounter in reconstructing what happened and showing who was responsible.

What if More than One Party is Responsible?

In car accident cases, it’s not unusual for two or more parties to share responsibility. That’s all the more true when the accident involves several cars–or, like the Wednesday morning crash, dozens of cars.

In that situation, it’s important that you identify all responsible parties. Otherwise, the party you’re pursuing for compensation may point the finger at the missing parting. Depending on the specifics of the case and how the jury weighs that evidence, it could mean a reduced recovery or no recovery at all. Therefore, it’s critical to thoroughly investigate before moving forward.

If the jury determines that two or more parties are each partly responsible and you’ve sued them both, they can apportion liability. That means each can be ordered to pay a percentage of your damages in proportion to their responsibility.

What if I’m Partly Responsible?

If your own fault played a role in the accident, you may still be able to recover some of your damages. Under Illinois law, someone who was partially responsible for the accident (and therefore for his or her own injuries) can still be awarded partial compensation as long as he or she is not more than 50% responsible. For example, if you suffered $100,000 in damages and the jury found that you were 20% responsible, you could be awarded 80% of your damages, or $80,000.

Talk to an Experienced Chicago Car Accident Lawyer

If you’ve been seriously injured in a car accident , you have enough to manage. The last thing you need is the added stress of trying to identify possible responsible parties and negotiate with insurance companies.

The attorneys at Healy Scanlon dedicate their practice to helping people who have been injured secure the compensation they need to rebuild. We’ve secured hundreds of millions of dollars for our clients who have been injured through someone else’s negligence. To learn more about how we may be able to help you, just call 312-226-4236 or fill out the contact form on this site. The initial consultation is free.

The post Pile-up on the Kennedy Illustrates Complexity of Multi-Car Accidents appeared first on Healy Scanlon Veugeler Gannon .

How a Workman’s Comp Lawyer Fights for Your Rights?

Sat, 07 Mar 2020 00:01:00 GMT

Unfortunately, accidents in the workplace are fairly common, such as injuries accrued by falling off a ladder, lifting heavy items, or even long developing injuries, like a carpal tunnel for workers who type often. Workers who acquire these injuries need experienced advocates, like workplace comp lawyers, to help them get the compensation and medical care they require from a rather complicated system. Thankfully, Healy Scanlon has the top workman’s comp lawyers in Chicago , so you can be sure to receive compensation for your workplace accident.

What is Worker’s Comp?

Worker’s comp (also known as worker’s compensation) is a type of insurance that provides wages and medical benefits to employees who are injured on the job in exchange for the relinquishment of the employee’s right to sue their employer for negligence that resulted in the accident. At Healy Scanlon, these workman’s comp lawyers in Chicago fight for your right to be treated justly and fairly in regard to medical expenses, and to receive appropriate wage compensation for the hours you will be missing due to the accident. Workman’s comp lawyers in Chicago can help workers who are hurt on the job receive numerous benefits, depending on the type of injury, such as medical benefits, temporary or permanent partial disability benefits, vocational rehabilitation benefits, and wage reimbursement benefits.

How These Lawyers Fight for You!

The overall goal for Healy Scanlon’s workman’s comp lawyers in Chicago, who represent the injured worker, is to help that individual obtain the benefits listed above. These lawyers gather medical records and evidence, perform legal research, remain abreast of current evolutions of the law, take depositions ((from the claimant, medical experts, physicians, and others), and litigate the worker’s case before a referee or judge. Gathering medical evidence is an especially important skill to have for your workman’s comp attorney; insufficient medical evidence is often the most common reason for worker’s comp claims to be denied. Additionally, these lawyers must have the capabilities and knowledge required to excel as a workman’s compensation attorney, like strong litigation and trial experience, excellent negotiation skills, and extensive knowledge of worker’s compensation laws and procedures in addition to essential legal skills that every lawyer requires. However, to fully get the most from your worker’s comp lawyer, you must consult with them as early as possible. This is because worker’s compensation often involves intricate rules, which determine whether your injury can be compensated, and what extent of wage and medical benefits you will be able to receive. Healy Scanlon’s workman’s comp lawyers in Chicago often file emergency motions in disputed cases to get the medical treatment approved, and wages paid, all for the benefit of the injured worker. So, if you’re in the Chicago area and you are in search of a workman’s comp lawyer, then Healy Scanlon Law Firm is the firm for you.

The post How a Workman’s Comp Lawyer Fights for Your Rights? appeared first on Healy Scanlon Veugeler Gannon .

How Does a Car Accident Lawyer Assist their Client?

Fri, 06 Mar 2020 00:01:00 GMT

Car accidents remain one of the leading causes of injury, damages, and death in America, and yet many lawyers in Illinois and elsewhere treat them as an inconvenience. Many car accident lawyers in Chicago, IL would rather settle car accident cases as quickly as possible, sacrificing justice in the name of quick case closures. But here at Healy Scanlon, we believe in fighting for our clients and taking their cases to court, if necessary.

If you or a loved one has been involved in a car accident that has resulted in damages, injury, or death, then you will need the help of a top car accident attorney team, one that can help you get the justice and compensation that you deserve. But how do car accident lawyers in Chicago, IL help their clients? Here are a few ways.

1. Build Your Case

While many people think that building a case is as easy as providing testimony, there are many different aspects of building a case that will increase your chances of getting justice. The right car accident lawyers in Chicago, IL, will combine your testimony and important evidence with precedent made in other cases. This helps build a case that is more likely to win and more likely to convince the judge that you were the victim and are in need of compensation.

2. Determine Your Compensation

Many car accident cases can get very complicated in a short amount of time. Between proving fault, insurance claims, health issues, and more, figuring out just what constitutes the right compensation and punishment can be complicated. The right car accident lawyers in Chicago, IL can help you not only build your case but also negotiate the right amount to cover your costs and help you work towards a new future. Without the right team behind you, these negotiations can fall apart, and you could end up with much less than you deserve.

3. Fight for Your Cause

Healy Scanlon is a firm of car accident lawyers in Chicago, IL who has a reputation for fighting for their clients. Our entire team has real court experience, which means they are willing and able to take your case as far as it needs to go. If your case is one that needs a judge rather than a boardroom, we are the lawyers who can fight your case in court and ensure that justice is served.

If you have been in a vehicular collision in Illinois that has resulted in damages, injury, or other consequences, then you will likely need the expert advice and help of car accident lawyers in Chicago, IL. We here at Healy Scanlon have decades of experience in helping people get the justice and compensation they deserve to help restart their lives after a car accident. We are known throughout Chicago as the firm that will take their clients’ cases to court instead of settling them as quickly as possible. That is because we believe in the power of justice and in fighting for our clients. Contact us today to learn more about how we can help you.

The post How Does a Car Accident Lawyer Assist their Client? appeared first on Healy Scanlon Veugeler Gannon .

How to Choose a Personal Injury Lawyer

Thu, 05 Mar 2020 00:01:00 GMT

Personal injuries occur as a result of negligence by another party. These cases often involve slips and fall, car accidents , defective products, and workplace injuries , to name a few. Victims of personal injury incidents are regularly eligible for compensation, but getting the compensation they deserve can require extra help. A personal injury attorney in Chicago can assist you in reaching the settlement you deserve, but there are a few things to consider when selecting the right legal team for you.

Reputation Matters

When hiring a personal injury attorney in Chicago, you will want to be sure they have a dependable track record. What do previous clients have to say about their experience with the firm? Have they had notable settlements, and can they bring demonstrated legal expertise to the table? Checking into an attorney’s history is good practice for anyone seeking compensation, and it will help you determine if a legal team is the right fit for your case.

Commitment to Clients

Not only do you want a team with demonstrated legal skills and experience, but you will also want someone who is going to be in your corner and beside you every step of the way. Dealing with a personal injury can weigh immensely on individuals and families. From physical injury to financial stress, recovering from an accident comes with unique challenges. While financial compensation is important, getting victims of personal injury cases back on track and ensuring the health and wellness of clients should be at the top of a reliable personal injury attorney in Chicago’s priority list.

Know the Cost

Legal fees can be pricey, and the last thing you need is an expensive bill after an uphill battle with insurance companies. An indication that a personal injury attorney in Chicago has your best interest in mind is a free consultation. Before you sign on with a legal team, you should be able to meet your legal representative and learn more about their skills before signing on the dotted line. Many personal injury lawyers work by a contingency fee, meaning they are only owed payment if your claim is successful. Knowing how much your legal fees are going to cost you is an important step before making any big decisions.

Finding the Right Attorney

Dealing with legal obstacles can be challenging, and choosing a personal injury attorney in Chicago is stressful – but neither of them needs to be. The right legal team for you will demonstrate from the beginning their commitment to fighting for fair compensation and getting your life back on track.

The team at Healy Scanlon Law Firm are proud of their track record of over 50 successful verdicts and settlements in several complex cases. With record-setting settlements and the resources needed to take on corporate giants, Healy Scanlon is committed to fighting for justice and fair compensation. The firm has its client’s best interest in mind, offering free consultations in English and Spanish, and working on a contingency fee basis, meaning the team is only paid if a settlement is recovered. If you are a victim of a personal injury case, you could be entitled to more than you think. Healy Scanlon’s personal injury attorneys in Chicago will help you fight for the compensation you deserve.

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Reasons to Consult a Truck Accident Attorney

Wed, 04 Mar 2020 04:49:00 GMT

When it comes to accidents on the road, truck accidents can be some of the most devastating; with such a large vehicle, even small accidents can result in a lot of damage and pain. If you have been a victim of a truck accident, you need to consult a truck accident attorney in Chicago immediately, otherwise, you are going to get overwhelmed with all the paperwork you will need to get to get your insurance claim, while possibly recovering from injuries.

Specialty Services for Trucking Accidents

Not all attorneys are knowledgeable enough when it comes to truck accidents; they may lack the experience and specialty services required for truck accident investigations and claims. When a truck is involved in an accident, there are a lot more variables to consider when trying to determine fault, and a truck accident attorney in Chicago will have the special resources, such as experts they can call on to investigate the scene and give testimony in negotiations or court.

Truck Accidents are More Complex than Car Accidents

As mentioned above, truck accidents are a lot more complex than car accidents because the size of the vehicle can result in a lot more problems in much more catastrophic ways. As well, hiring a truck accident attorney in Chicago is likely going to be absolutely necessary because there are going to be multiple insurance companies to deal with. When a commercial truck is involved in an accident, the trucking company’s insurance company gets involved, and so does the driver’s insurance company, and sometimes the truck has its own insurance, and the cargo may be insured. With so many insurance companies involved, there’s likely no way you could handle the task on your own.

Additionally, the trucking industry is highly regulated, so you will need a truck accident attorney in Chicago that understands all the laws and regulations related to trucks and traffic to ask the right questions and find out what exactly caused the accident. Multiple parties may also be as a fault, not just the driver, but also the inspector of the truck, or the trucking company itself.

The Stakes are Higher with Truck Accidents

With the size and weight difference of trucks compared to other vehicles, the likelihood of physical damage is going to be much higher in a truck accident. This means that the number of injuries and losses are going to result in significant financial and physical burdens for the victim and/or surviving family members. A truck accident attorney in Chicago will be able to take the burden of the criminal and civil cases off your shoulders, dealing with all the attorneys and insurance companies so that they can get you the settlement you need to deal with potentially life-altering and debilitating injuries.

Trucking Companies will have More Resources than You

In all likelihood, if you start to try to deal with a trucking company’s attorneys, and the many different insurance companies yourself, you are going to be vastly overwhelmed by the number of resources they have to minimize their payout. Having a truck accident attorney in Chicago on your side means you will have somebody to help you, someone with the resources and experience of a legal firm who can compete with that of the trucking company and the insurance companies involved in the accident.

Consult a Truck Accident Attorney for the Best Chances for Your Case

If you have been involved in a truck-related accident, then it is in your best interest to hire an attorney that specializes in truck accidents so you can have the best chance for your case. For a truck accident attorney in Chicago, contact Healy Scanlon Trial Attorneys today for a free consultation.

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Product Liability Attorney for JUUL and E-Cigarette Usage

Fri, 11 Oct 2019 09:11:00 GMT

While initially offered as an alternative choice to cigarettes, e-cigarettes have become a popular standalone product all their own. In fact, as of 2019, an estimated 10 million people use electronic cigarettes such as JUUL, SMOK and Eleaf daily. However, like cigarettes due to the high concentration of nicotine found in vaping products, E-cigarettes have proven to be very addictive. Along with its addictive nature, vaping products also have previously unwarned health risks to users. Concerns have arisen that the vapor inhaled through these products can cause serious health concerns, mainly due to a recent outbreak of illnesses associated with vaping. As of September 2019, nine deaths have been reported as a result of vaping-associated pulmonary injury, or VAPI.

Along with these recently developing concerns, the fact remains that any nicotine product could harm the user. Nicotine is a highly addictive substance that can have lasting adverse effects on the lungs, heart, and brain. Healy Scanlon Trial Attorneys are prepared to help you pursue a claim as a result of any illnesses or injuries you may have sustained as a result of using these products.

Vaping Amongst Youth

Recently, concerns have arisen that E-cigarette marketers may specifically be targeting nonsmokers, with a strong belief that these campaigns are aimed at children. It is believed that adolescent users are not using these products to quite smoking cigarettes; in fact, it is a growing concern that vaping is acting as a gateway to tobacco products for youth.

The flavors offered by E-cigarette companies also seem to be targeting a younger audience. These flavors include candy, fruit, and others that may target today’s youth. In 2018, the FDA launched an investigation into several companies, among them the popular E-cigarette company Juul, to determine if they were specifically marketing their products to children. Concerns arose toward Juul since the products made by the company are designed to look like a flash drive and are therefore easily concealable to teachers and parents.

The FDA has issued several warnings to manufacturers in regards to marketing or selling their products to children, resulting in several companies limiting their advertisements on social media and sales in retail stores.

Severe Health Risks

In 2019, an outbreak of lung disease was reported across several states, all associated with electronic vaping products. As of September 2019, over 500 cases have been reported with varying level of severity. Common symptoms of vaping-associated pulmonary injury include cough, fatigue, shortness of breath, diarrhea, and fever. VAPI can also be associated with obliterative bronchitis (OB), also known as popcorn lung. Popcorn lung inflames the airways severely, resulting in severe obstruction of the lungs. Some reported cases showed that patients’ respiratory failure continued to deteriorate, result in the patient being connected to a mechanical respirator.

The nine deaths reported in September 2019 have all been linked to vaping products. It is recommended that consumers avoid these products as doctors are unsure of the exact cause of vaping illness.

Product Liability Claims

If someone is injured as a result of the usage of an electronic cigarette, there may be a product liability case which will entitle them to financial compensation for their injuries.

If you or a loved one are hurt as a result of electronic cigarette usage, contact Healy Scanlon Trial Attorneys for HELP!

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Four Questions You Must Ask a Personal Injury Lawyer

Fri, 04 Oct 2019 12:00:00 GMT

If you have been seriously injured in an accident, it can be a very stressful event in your life, and it may be difficult to handle recovery and deal with insurance companies or lawsuits at the same time. Insurance companies are most often out there to minimize the amount they have to pay out, which is why it is essential to consult a personal injury lawyer in Chicago, IL as soon as possible. Here are four questions you must ask a personal injury lawyer to determine if they are the best choice for you:

First Question: What Are My Options?

One of the first things you should be asking any personal injury lawyer in Chicago, IL when it comes to your personal injury case, is what options are available for you to pursue when it comes to getting properly compensated, or getting the justice you deserve. Every case is unique, so in your first consultation with a lawyer, they should be able to provide you with a set of options going forward, based on the circumstances and the nature of your personal injury. Legal guidance is important when going forward with any legal proceeding, so don’t overlook or dismiss the advice they give; it could be key to ensuring a successful case.

Second Question: What Is Your Experience In Similar Cases?

There are a lot of different personal injury cases out there, from car accidents to workplace mishaps, but there’s also a lot of different areas of law that a lawyer can practice under. When you are looking for a personal injury lawyer in Chicago, IL, you want one with enough experience in personal injury cases that they are going to be an asset rather than a liability. You don’t want a lawyer that has been practicing for 30 years, claiming all that experience, only to find out that they have only been doing personal injury for the last year. Ask for a history of the type of personal injury cases they have settled, and make sure it lines up with your case adequately.

Third Question: What Type Of Communication Should I Expect With You?

Communication is important when it comes to dealing with personal injury cases. You want to be working with a personal injury lawyer in Chicago, IL, that is willing to communicate with you throughout the whole process of the personal injury case. Maybe you have questions at some point or want to know how things are progressing on your case; you need to ask how, when, and how often you can contact them for case updates. If you hire them, will you be able to contact them directly through email, messaging, or cell phone, or will you have to go through someone else at the firm?

Fourth Question: How Long Should This Case Take To Conclude?

Personal injury cases can take a long time to reach a settlement or get through hearings or trials, and working with the wrong lawyer could result in your compensation taking even longer to get to you, resulting in a massive financial burden when trying to pay for medical bills. When you consult with a personal injury lawyer in Chicago, IL, you should ask them how long they expect your case to take to conclude, given the nature of the injury and the circumstances of the accident. The right lawyer for you should be one that is going to get you the compensation you deserve, but who will also be able to do it in a reasonable amount of time, avoiding delays as much as possible.

Getting Yourself an Experienced Personal Injury Lawyer

If you are looking for an experienced personal injury lawyer to get the compensation and justice you deserve, contact Healy Scanlon law firm today for a free consultation.

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Things to Know Before Hiring a Personal Injury Lawyer

Thu, 03 Oct 2019 07:02:00 GMT

Getting injured is terrible, and sometimes, life-altering experience. Not only do you receive overwhelming medical bills, but you may also need to spend months (and maybe years) of your life recovering from these injuries. Things can get especially tricky when you get injured due to the negligence of another party, and this is typically the time when you should look into hiring a personal injury lawyer. In the Chicago area, your best bet will be the Healy Scanlon Law Firm, whose personal injury lawyers have experience with a large swathe of personal injury cases. Of course, you’ll want the best personal injury lawyer in Chicago . You want and need a lawyer who knows what they are doing and who has the experience necessary to win your case.

What Do Personal Injury Lawyers Do?

A personal injury lawyer will represent you and may even go to trial with your case if a settlement isn’t reached with the negligent party. Healy Scanlon Law Firm’s personal injury lawyers cover cases that include medical malpractice, spinal injuries, premises liability, and many other cases. If you are injured due to the negligence of another party, you’re going to want to hire the best personal injury lawyer in Chicago to help you get the financial compensation you need and deserve.

What You Should Know Before Hiring a Personal Injury Lawyer:

Now, the fact that you should hire the best personal injury lawyer in Chicago isn’t as easy as it appears. After all, the best personal injury lawyer for you may not be the best representative for someone else. How to pick the best personal injury lawyer for you, personally, depends on a number of factors that you should be aware of before you begin hiring. These factors include:

1. Are they experienced with your type of injury case? You’re going to need a lawyer who primarily handles injury cases; this is to ensure that they are experienced in this particular area of law. If your injury is not as specialized, like a car crash, then you don’t need a personal injury lawyer who is highly specialized with specific types of injury cases. Although, if your injury was brought on by medical malpractice or by a premises liability, then you’ll want that lawyer with that highly specialized experience. Hiring the best lawyer for you depends on the circumstances of your injury!

2. How often do they do injury trials? Not all injury cases will go to trial; some can be settled out of court. However, when there is no other option, and your case goes to trial, you will want the best representative on your side. In this case, the lawyer you hire should hopefully have extensive trial experience and some successful trials (with juries) under their belt.

3. The first injury lawyer you meet with may not be the one to primarily handle your case. Usually, people will start the hiring process by having a free consultation with a personal injury lawyer. If you decide to go with that lawyer, they may not necessarily be the one to handle your case. The case may go to another lawyer in the firm who has more experience with your situation. To know for sure who the primary lawyer will be for your case, you can ask who the lead lawyer on the case will be at your free consultation.

Whatever your injury circumstances, you will be able to find the perfect lawyer for your situation at Healy Scanlon Law Firm . Schedule your free initial consultation with the best personal injury lawyer in Chicago today; you’ll be on your way to getting back on track with your life.

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Can loud music contribute to car accidents?

Mon, 26 Nov 2018 10:16:00 GMT

Most people enjoy listening to the radio when they drive. Unfortunately, cranking the music up loud makes it easy to zone out and turn attention away from the road. It is vital to be aware of how distractions increase the likelihood of a car accident , and listening to music can play a role.

Several years ago, Accident Analysis and Prevention published a report that showed teenagers who listened to loud music were much more likely to end up in a motor vehicle accident than teen drivers who did not listen to music. While the study focused on younger, more inexperienced drivers, all drivers can benefit from having fewer distractions inside the vehicle while on the road.

The study

Researchers studied 85 teen drivers for the purposes of the study. The drivers needed to go on routes where they did not listen to any music and other routes where they could listen to a playlist of their choosing. When the teen drivers listened to music, the instructors were much more likely to intervene due to poor behavior. The researchers found that all of the teen drivers committed serious safety errors when music was on.

The findings

When most people think of driving distractions, they think of something tangible, such as looking at a phone or eating. However, simply listening to music is enough to take drivers’ minds off the road. Although listening to music is a passive activity, it still takes up mental faculties to process the rhythm and lyrics, which could increase a person’s chances of ending up in a collision.

Another study found that the volume of music also plays a role. A driver’s reaction time significantly decreased if the volume is higher than normal. While listening to music can help break up some of the monotony of a commute, researchers suggest listening at a reasonable volume, so drivers can still react normally to changes on the road.

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3 common injuries that occur in truck accidents

Tue, 20 Nov 2018 10:21:00 GMT

When it comes to motor vehicle collisions in Chicago, the type of vehicle you end up in an accident with might mean the difference between life and death. While many factors affect the outcome of automobile accidents, incidents involving trucks and commercial vehicles are more likely to lead to critical injuries and a lifetime of pain and suffering.

Any motor vehicle crash can result in injury, but those stemming from truck injuries are not as easy to recover from. There are also certain kinds of trauma that truck accident victims tend to sustain more often than others. Take some time to consider the following common types of truck accident injuries .

1. Burns

Many commercial vehicles transport fuel and hazardous substances. A collision with these types of vehicles often leads to vehicle fires, which are likely to cause accident victims to suffer varying degrees of burns. Severe burns can cause permanent scarring, decreased or complete loss of sensations, nerve damage and disfigurement.

2. Traumatic brain injuries

Traumatic brain injuries are a more severe type of head injury that affects people injured in truck accidents. Symptoms range from mild to severe and include headaches, personality and behavioral changes, confusion and aggression. TBIs are prominent in truck accident victims who show no outward sign of injuries; brain damage can become progressively worse without timely treatment.

3. Broken bones and fractures

Many people involved in truck accidents end up with broken bones and fractures due to the force of the impact. Victims who suffer broken and fractured bones may require long-term medical care and physical rehabilitation. Some may not make complete recoveries, ending up with permanent disabilities.

Keep in mind that in injuries happen more often than not in motor vehicle collisions. Use extra caution when there are trucks nearby.

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Unique dangers posed by tractor-trailers

Sun, 07 Oct 2018 10:25:00 GMT

Tractor-trailers are extremely dangerous, and people should only operate one if they know how to use it. In one tragic case in Illinois , a 12-year-old boy lost his life as a passenger inside a tractor-trailer when it overturned after going off the road.

A significant number of tractor-trailer accidents occur every year that impact the driver, passengers and others. Everyone on the road needs to remain vigilant of tractor-trailers when driving alongside the vehicles.

It takes longer for tractor-trailers to come to a stop

Tractor-trailers can weigh up to 40 tons. Most standard automobiles only weigh 5,000 pounds, so a collision between the two types of vehicles results in more damage to the standard sedan. Due to this immense weight, it takes tractor-trailers more time to come to a complete stop in case traffic up ahead slows down, which is why tractor-trailer drivers need to be fully aware at all times behind the wheel.

Additionally, cars ahead of tractor-trailers need to be aware of what is behind them. Since the tractor-trailer will not stop as quickly, you do not want to suddenly slam on your brakes because the vehicle behind you could rear-end you. You should remain vigilant in case a tractor-trailer is tailgating you and try to get away from the potentially dangerous situation.

Tractor-trailers have greater horsepower

Tractor-trailers have much more force under the hood than average sedans. This type of vehicle can have between 400 and 600 horsepower, while a regular car typically has about 100 to 200 horsepower. This is another reason why drivers on the road need to keep their distance from tractor-trailers. Greater force can result in more damage compared to accidents between two sedans. In general, when drivers see tractor-trailers on the road, it is best to stay back or try to pass them so that you are in less danger.

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The big risk all truck drivers face

Wed, 29 Aug 2018 10:33:00 GMT

Semitruck drivers are a common sight on interstates throughout the country, and most other drivers take no particular notice of their presence on the freeways. However, every truck driver faces a specific and daily risk factor that can affect everyone else on the road.

In addition to the obvious hazards truckers pose, with such a large vehicle that can cause accidents that are more catastrophic than those involving smaller passenger cars, there are more subtle risks that truckers themselves are responsible for. One of these is something that seems simple but can prove deadly: fatigue behind the wheel.

Truck driver fatigue and crashes

Federal law regulates the number of consecutive hours a truck driver can legally work . Drivers may try to work additional hours in order to deliver their goods faster. The rules are in place to try to prevent fatigue and drowsiness on the road, which can lead to crashes.

The most recent figures on crashes from the Federal Motor Carrier Safety Administration show a 2 percent increase in fatal crashes involving large trucks and buses in 2016 when compared to the previous year.

How trucker fatigue endangers others

Although fatigue may not seem like a very serious risk, it puts other drivers in harm’s way. Like with any driver, the risk of falling asleep behind the wheel increases the chance of a motor vehicle accident leading to injury . Given the large size and weight of a truck, as well as any hazardous materials it may be transporting, the impact of a large truck crash can be much greater than that of a crash between passenger cars.

While the driver of a truck may escape an accident unharmed, pedestrians, bicyclists and passenger car drivers in a crash with a truck are much less likely to walk away unscathed. Truck driver fatigue is a true road hazard, and the FMCSA is taking active steps to increase driver safety through programs such as its Motor Carrier’s Guide to Improving Safety and other resources available at its website.

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How dangerous is Chicago’s I-80?

Tue, 28 Aug 2018 10:34:00 GMT

Interstate 80 is a major thoroughfare in Illinois. This particular interstate freeway runs coast-to-coast, all the way from San Francisco in the west to New Jersey in the east. In Illinois, I-80 crosses the state from Iowa in the west, entering in Rapids City, and extends all the way to Joliet before entering Indiana.

Given that the area it crosses through in Illinois also covers the Chicago area, I-80 is the site of many accidents in the state, especially trucking accidents. So, just how dangerous is I-80 in the state of Illinois, and what do officials plan to do about it?

Safety concerns on I-80

The Illinois Department of Transportation conducted a study on safety on I-80 and found that there was an unusually high rate of crashes on bridges and due to cars stopped on the freeway’s shoulders. But these types of accidents are not the only kind that cause serious issues and accidents on I-80.

Truck accidents are also quite prevalent on this freeway. Semi trucks combined with aging pavement on the freeway can lead to dangerous crashes. In one such crash, a semi kicked up a piece of concrete and smashed a windshield, which led to the passenger having to undergo multiple surgeries and becoming permanently disabled.

Recourse for serious injuries

Truck accidents can produce some of the most devastating injuries, with resulting life-long complications and disabilities. For drivers who suffer injuries following a trucking accident, it is critical to follow the appropriate procedures to seek recourse. Big insurance companies will likely work for a quick settlement, which is not in your best interest.

Document everything related to your injury, and be sure to seek medical treatment. Do not underestimate your injuries, and make sure you follow up if you experience symptoms after the crash such as a headache, dizziness or disorientation, which could be signs of a head trauma or brain injury.

Whether driving on I-80 or any other Illinois roadway, make sure you practice defensive driving to stay safe. Trucking accidents can cause severe injuries, and as such, you should be especially cautious on major trucking thoroughfares such as I-80.

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The link between understaffing and nursing home abuse and neglect

Wed, 11 Jul 2018 10:36:00 GMT

Leaving a parent or elder loved one in the care of staff members at a nursing home or continuing care facility is always difficult. It can prove even more so, however, if you have concerns about the quality of care your loved one will receive in your absence. While many physicians, nurses, health aides and other health care professionals have the best intentions, even the best medical professionals can make errors and poor judgment calls when they are spread too thin.

Regrettably, understaffing is a very serious problem plaguing American nursing homes , with ABC News reporting that a substantial percentage of nursing homes across Illinois and the nation do not meet current care standards.

Failures to uphold standards of care

As you might imagine, there is a direct correlation between the quality of care your loved one will receive at a nursing home and whether that nursing home has an adequate number of caregivers on its staff. When staff members have too much on their plates, your loved one may not receive regular or appropriate care with regard to bathing, eating, using the bathroom and so on, with immobile seniors likely to suffer from understaffing issues the most.

There is also a link between nursing home understaffing and the development of bed sores and serious infections among patients. Dehydration, too, becomes increasingly likely when nursing homes and assisted living facilities do not have adequate staff.

Just how understaffed are the nation’s nursing homes? Federal standards dictate that patients must get at least two hours a day of care from nurse’s aides, among related stipulations, but more than half of the nation’s nursing homes do not meet this standard. Patients are also, per guidelines, supposed to receive more than 30 minutes of daily care from registered nurses, but more than 30 percent of American nursing homes do not meet this standard, either.

If you are placing a loved one in a new residential setting, do your homework. Do not hesitate to ask about patient-staff ratios and exactly how much care you can expect your loved one to receive in a particular facility.

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Did your accident result from defective crashworthiness?

Wed, 06 Jun 2018 10:38:00 GMT

Over the years, we have seen many improvements made to vehicles in terms of safety features.

However, if you are involved in a vehicle accident, the injuries you sustain may be the result of safety features that did not perform as designed and failed to protect you.

Crashworthiness explained

The structure of a vehicle and its built-in restraints, such as airbags and seatbelts, are features that determine its crashworthiness, which is the ability to protect occupants in the event of an accident. The framework of the vehicle should act like a strong safety cage. For example, the roof must be designed to withstand a collapse in a rollover accident. On the other hand, cars today are also designed with crumple or crush zones, which, because they are made to absorb some of the energy of an impact, will deform or crumple during a crash. The goal is to keep as much of that damaging energy as possible away from the driver and passengers.

Common safety feature issues

Safety features are continuing to get good marks in passenger vehicle tests; for instance, most models do well relative to the protection afforded to occupants during frontal crash tests. Airbags, however, which have certainly reduced fatality rates, are expensive to manufacture. Some companies do what they can to cut down on the expense in favor of earning higher profits, a practice that can result in defects and danger to vehicle occupants. Door latches can disengage during a crash, and seatbacks can collapse. A personal injury attorney can tell you that defects in the safety features that are supposed to protect occupants can be deadly.

Assigning fault

Fault for a vehicle crash may not necessarily be assigned just to the driver who caused your injuries. A thorough investigation might point to a crashworthy feature, such as an airbag or door latch, that did not do its job. There is such a thing as product liability law , and the manufacturer of the defective part may be the negligent party. As the victim of the crash, you are entitled to full and fair compensation from any party that is found to bear some responsibility for your injuries.

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Three top causes of large truck crashes

Sat, 02 Jun 2018 10:41:00 GMT

The major reason big trucks can cause so much damage to a passenger vehicle is their vastly greater size and weight. A tractor-trailer on Illinois roads can weigh up to 80,000 pounds – about 20 times the weight of the average car. Thus, when a truck crashes into a car, it is easy to see which vehicle is likely to sustain more damage. For the passengers of that car, serious injuries and even death can be likely outcomes.

Figuring out the cause of a crash can play a major role if you intend to pursue legal redress. Suing the wrong defendant can leave you with nothing, so it is important to consult an attorney who knows how to unravel the complexities of a trucking accident and develop an effective approach.

Defective or broken truck parts

Like any other piece of machinery, a truck can malfunction. This usually happens either due to poor maintenance or a defective part. The owner of the truck bears the responsibility of ensuring regular inspections, maintenance and repairs as needed. The truck driver may play a part by failing to alert the trucking company to problems he or she notices while driving, thus delaying necessary repairs.

When it comes to a defective part, responsibility may lie with the manufacturer who produced the part as well as the truck manufacturer that incorporated the defective part into the truck. In other cases, a properly manufactured part can develop a defect because of a repair mechanic’s negligence or improper operation by the driver.

Driver error

On one hand, many truck drivers have a great deal of experience that can help them skillfully avoid potentially dangerous situations. On the other, certain aspects of the job decrease drivers’ ability to react promptly and put that experience to use when a crash is imminent. Although there are regulations in place mandating rest breaks, lack of sleep continues to present a serious problem. Truckers may try to avoid the regulations due to immense pressure to make pickup or drop-off deadlines. Drowsy driving significantly increases the risks of an accident.

Badly secured cargo

Finally, a failure to properly secure a truck’s load can result in cargo spillage. This can cause extensive damage as the cargo hits various vehicles, potentially resulting in a pile-up.

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How you may unknowingly have a TBI

Mon, 23 Apr 2018 09:38:00 GMT

Serious auto accidents usually come with visible damage to the vehicles and people involved. Because it can be easier to tell when someone is injured, this reliance on explicit symptoms can result in overlooking invisible injuries. This is why it is so important to seek a medical evaluation if you are an accident victim, even if you feel fine or the crash was minor.

One of the easiest injuries to miss is a traumatic brain injury. Here are some of the reasons why you may not realize right away that you have a TBI:

No outward evidence

You would think that significant trauma to your brain would be obvious, but that is not always the case. At most, you may have a bump on your head. You may also have blacked out in the moment and not even remember hitting your head. In fact, you do not even have to make contact with an object for your brain to sustain damage. A powerful jolt can be enough for your brain to strike your skull.

Late symptoms

Sometimes, symptoms do not show up right away. You may not experience the consequences until days or even weeks later , reveals the government site MedlinePlus. Keeping track of what symptoms occur and when following the accident can be helpful.

Misdiagnosis

Perhaps you do feel the negative effects of brain damage, such as headaches, blurred vision, memory loss, worsened coordination, mood swings and more. However, depending on which ones occur and when, you or your medical provider may wrongly attribute the symptoms to a different cause. For example, you may believe that nausea and vomiting are due to stomach flu or food poisoning instead of a TBI from your accident . Again, writing down health changes as they happen can help your provider make a proper diagnosis so you can receive proper care.

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Key facts about the workers’ comp physician relationship

Wed, 14 Mar 2018 09:38:00 GMT

Physicians are supposed to work in the best interest of the patient; however, this is not always the case. When employees seek needed care after an injury on the job , the physicians they see are critical components of their recovery process.

Some employees may not be fully aware of the influence they have in this decision. There are a few key facts that employees should know about their relationship with their workers’ compensation physician.

Selection

An employer may try to control the recovery process by selecting the physician from whom an employee receives treatment. However, according to Illinois’ workers’ rights laws, employees have the ability to select their physicians. Even those who are under an employer’s PPO still have the ability to choose their own physicians. It is important to keep in mind that employees may only select up to two main physicians, so they should make that decision wisely.

Examinations

If patients desire certain tests within reason, they have a right to request those tests, and the physician should oblige. When a patient develops a solid relationship with a physician, they may work together to develop a proper treatment plan for the patient, which should be the ultimate goal. However, if a physician refuses to perform certain examinations or tests, the patient has the right to seek medical attention elsewhere. In such cases, patients should be mindful of whether or not the policy would cover a new physician.

Key characteristics

In choosing a proper primary physician, there are certain characteristics to look for. Along with the physician having experience and a positive reputation, for those with certain illnesses, it may be beneficial to find a physician who specializes in that area. Also, patients should choose physicians whom they feel they can develop a solid rapport with.

By keeping these things in mind, employees can make a strong decision when choosing their physician. It may also be beneficial to review the workers’ rights laws to understand what resources are available to them.

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Are your household items on the defective products list?

Wed, 31 Jan 2018 09:38:00 GMT

When you think of product liability cases, medical devices, prescription drugs and automobiles may come to mind. While these may make bigger headlines due to their size and scope, they are not the only types of products to cause severe harm.

Even the most minor household item can be unsafe and lead to personal injury by falling apart, malfunctioning or negatively altering your long-term health. How do you know what these things are, and what should you do about them?

Dangerous products

Things you use every day can come with the risk of causing injury or illness. Examples of such items include personal care products, makeup, electronic devices, frozen food, children’s toys (not just ones for babies), furniture and small appliances. Their defects are the result of poor quality in design, manufacturing or labeling, leading to dangers such as:

These problems are not limited to low-grade, no-name companies but often involve major national brands.

Recalls

If you are fortunate, you will find out about a dangerous product through a recall. Some companies recall goods on their own voluntarily, even if no injuries have occurred. Other times, the government has to mandate a company to recall merchandise. You can keep track of all recalls through the Consumer Product Safety Commission and the Food and Drug Administration .

If you are unfortunate, you will experience firsthand the side effects of a defective product. In this case, you can pursue a personal injury lawsuit against the responsible party or parties.

Legal options

If you have suffered internal or external harm from a faulty object, you can hold legally responsible any or all of the businesses involved in the chain of producing and selling the product, depending on the circumstances. You do not have to prove negligence or malintent, just that the item was dangerous outside of its limits and caused you damage.

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2 factors that make someone a risky driver

Wed, 20 Dec 2017 09:38:00 GMT

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How nursing home understaffing leads to abuse and neglect

Thu, 30 Nov 2017 09:38:00 GMT

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2 lesser-known causes of truck accidents you should know about

Mon, 06 Nov 2017 09:38:00 GMT

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Product liability claims in Illinois

Mon, 02 Oct 2017 09:38:00 GMT

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Truck accidents, alcohol and drugs

Fri, 08 Sep 2017 09:38:00 GMT

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Who is caring for your loved one in a nursing home?

Thu, 31 Aug 2017 09:38:00 GMT

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3 steps for preventing nursing home abuse

Wed, 16 Aug 2017 09:38:00 GMT

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The dangerous traits of semitrucks

Sun, 04 Jun 2017 09:38:00 GMT

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Can I get punitive damages for my injury?

Wed, 24 May 2017 09:38:00 GMT

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How to reclaim life after nursing home abuse

Thu, 13 Apr 2017 09:38:00 GMT

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Understanding Medical Malpractice By Radiologists

Wed, 22 Mar 2017 12:44:00 GMT

X-rays are one of the oldest diagnostic tools in medicine. The field has advanced from using x-rays to take pictures of the body to using high energy radiation to treat cancer. While the use of x-rays as a diagnostic tool is perhaps the oldest use of the technology, it is also the leading cause of malpractice suits against Chicago radiologists.

According to radiologists who study malpractice cases, the two leading causes of malpractice claims against radiologists are failure to diagnose an illness or injury revealed on an x-ray and failure to perceive an abnormal condition on an x-ray. Failure to diagnose can be either a failure to observe the condition or to properly interpret the x-ray. For example, a physician may examine an x-ray of the shoulder looking for, say, a torn rotator cuff and miss a lung tumor on the same image. Likewise, a physician reading an x-ray of the lumbar spine for disc disease may miss an image of a kidney tumor.

Radiologists often compound their observational errors by failing to communicate their findings, especially anomalous findings, to the referring physician. Patients rarely communicate directly with radiologists, relying instead on the referring physician to act as an interlocutor. Thus, the radiologist bears principal responsibility for relaying his or her findings to the referring physician accurately and completely.

Anyone who has suffered illness or injury or lost a loved one because of a possible failure of a radiologist to diagnose a serious medical condition may wish to consult an attorney who handles medical malpractice cases . Such a consultation can provide a helpful analysis of the facts and law that apply to the case and an estimate of the likelihood of recovering damages for medical expenses, lost income and pain and suffering.

Source: Diagnostic Imaging, “Malpractice in Radiology,” Liza Haar, April 16, 2016, accessed on March 20, 2017

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How to spot negligent supervision at a Nursing Home and what to do.

Wed, 15 Mar 2017 13:42:00 GMT

Nursing home patients face a number of hazards that do not affect the general hospital patient population. Nursing home patients are prone to falling in hallways and bathrooms. Elderly patients suffering from Alzheimer’s disease or dementia are at risk for failing to take medications and failing to follow caregivers’ orders. These hazards place special burdens on the staffs of the nursing homes, but the law in Illinois requires nursing home employees to recognize their patients’ special needs and to provide proper care. As a recent lawsuit demonstrates, the staff’s alleged neglect in a Chicago nursing home can have tragic results.

The estate of a woman who died while she was a patient in the Southpoint Nursing and Rehabilitation Center has begun a lawsuit charging that the nursing home staff was negligent in the care of the woman and that the negligence caused her death. The lawsuit alleges that the elderly woman fell because the staff did not provide supervision that could have prevented the fall. The complaint also alleges that the fall caused the woman’s skin to deteriorate and that the staff did not provide proper treatment for this condition. The nursing home has not yet filed its answer to the allegations of the complaint. The case was filed in Cook County Circuit Court.

This case will turn on whether the nursing home staff violated the standard of care for such institutions and their staffs. In other words, was the care that the nursing home provided to the deceased woman was reasonable, given her mental and physical condition? The answer to this question will depend upon eye-witness statements, medical records, nursing home records and the opinion of experts. The case is months from resolution.

Anyone who has a loved one who is a nursing home patient and has not received adequate care may wish to consult with a lawyer who is experienced in pursuing claims for damages in such cases. Such a consultation can provide a useful evaluation of the facts and law that apply to the case and an estimate of the likelihood of recovering damages for medical expenses, pain and suffering and loss of companionship.

Source: Cook County Record, “Shortcomings in woman’s care alleged at Southpoint Nursing and Rehabilitation Center,” Louie Torres, March 3, 2017

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OSHA imposes penalties in fatal construction accident case

Wed, 08 Mar 2017 08:38:00 GMT

The accidental death of a Chicago demolition worker has caused the Occupational Safety and Health Administration to impose a number of penalties on the responsible parties, including the company that employed the deceased worker. OSHA investigated the accident and concluded that the Chicago work-related death was preventable.

Omega Demolition Corp. was hired by the Illinois Tollway Authority to demolish the bridge that carried I-90 over Touhy Avenue. According to OSHA’s investigators, the decedent was cutting the bracing between two beams when one of them fell on him. Numerous workers were injured in the accident, but only one died from his injuries. After OSHA completed its investigation, the regional administrator said that the accident was preventable and that the contractor had violated federal standards intended to prevent over-stressing of steel structures. The violation was deemed to be the direct cause of the worker’s death.

The Illinois Tollway Authority suspended Omega Demolition from all work on Tollway projects. OSHA levied a fine against Omega Demolition in the amount of $152,000. Omega has the option to accept OSHA’s findings and penalties or to contest them before an independent commission. Omega was cited nine times in ten years for safety violations, but it paid only $6,456 in fines.

Anyone who has lost a loved one in a construction- or work-related accident may wish to consult a lawyer who handles wrongful death cases. Such a consultation can provide a useful analysis of the law and facts that apply to the case and an estimate of the likelihood of recovering damages for medical expenses, lost income and loss of companionship.

Source: National Law Review, “OSHA Levies Fines in Fatal Construction Accident Case,” Feb. 26, 2017

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Common causes of semi-truck accidents

Tue, 07 Mar 2017 07:01:00 GMT

Car accidents with semis are nearly always fatal for the car drivers and passengers. You want to do anything you can to avoid a collision with a tractor trailer. The most obvious way is to follow driving rules concerning safely sharing the road with big rigs. That is not the only thing you can do, however. Being aware of the most common causes of semi-truck accidents can also help you prevent them from happening to you.

Unsafe driving by the trucker

Most accidents result from the truck driver making an error or breaking traffic safety laws. Examples include the following:

Sometimes truckers feel pressure from their employers to achieve unrealistic goals in delivery. This can encourage them to use unsafe driving practices, such as speeding and not resting, to meet these goals. Furthermore, some drivers may not have sufficient training or road knowledge to adequately prepare for dangerous situations.

Health conditions can also contribute to accidents. While a driver cannot predict or prevent something such as a seizure or heart attack from happening, drivers and their employers should be aware of and monitor drivers’ health to reduce this risk.

Equipment problems

A trucker may be driving safely but not driving a safe vehicle. Semis, like all other vehicles, must undergo routine maintenance and inspection to ensure proper operation. This also includes replacing tires regularly, attaching trailers securely and safely loading cargo so it does not shift during travel. Therefore, big rig drivers are not the only ones who can be responsible for accidents . Companies, owners, manufacturers and shippers may also be accountable.

External factors

The least common causes are factors outside of the driver’s control. These can be poor weather and road conditions or reckless driving by other vehicles on the road. For these reasons, it is even more important that you do your part to decrease accident risk. Drive slower and carefully in poor conditions, and always keep enough distance between you and semis, including while passing them.

Consequences of an accident

If any of these causes lead to you getting in an accident with a semi, speak to a personal injury attorney to find out your options for obtaining damages for your injuries. While compensation cannot eliminate the consequences of a trucker’s mistake, it may reduce them, particularly financial stress.

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Recognizing the signs of nursing home neglect

Mon, 06 Mar 2017 13:42:00 GMT

If you have a loved one in a nursing home, you want to be sure he or she is getting good care. While there are different types of nursing homes, all of them must maintain a basic standard of care. When a home fails to uphold care and a resident suffers harm as a result, his or her family members have the option of pursuing a lawsuit.

Types of Neglect

Neglect can happen even if no one at the nursing home specifically intends to harm a resident. Most often, neglectful behavior consists of failing to perform necessary actions. While state and federal governments set forth rules and standards for nursing homes, such as minimum staffing requirements , you should be aware that a nursing home can be neglectful even if it technically complies with laws.

Medical neglect occurs when an elder does not receive proper attention for health issues. Nursing home personnel should be able to detect and address issues as they arise. Some examples of this type of neglect include failing to give medication on time, ignoring problems like bed sores or infections and failing to pay attention to issues with mobility or cognition.

Elders living in nursing homes often need help with basic living and hygiene functions. They also depend on the facility to provide necessities like food and drink. Nursing homes must have staff members whose duties include assisting with activities like bathing and laundry.

Emotional and social well-being are a key element of a nursing home resident’s life. You are entitled to expect that nursing home staff will be consistently friendly and polite to your loved one. A pattern of ignoring or being rude to residents can rise to the level of emotional neglect.

Signs that should concern you

Some types of neglect send up obvious red flags. For example, an untreated wound or an unexplained injury should immediately send you digging for what really happened. Other indications may not be so obvious. Look out for the following signs that something is not right:

Also, check out the physical environment. The premises should be clean, well lit and in good repair. You should also see appropriate safety features like bed rails.

Nursing home neglect often happens because of problems like staff shortages or inadequate training. Even generally reputable nursing homes can get cited for violations that result in death or serious harm.

You can help by watching out for areas of concern and communicating with staff members. If you believe your loved one has suffered as a result of neglect, speak with an experienced attorney to find out how you can get compensation.

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What to do if you’ve been injured by a recalled product.

Fri, 03 Mar 2017 05:32:00 GMT

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How a product recall works

Thu, 23 Feb 2017 05:32:00 GMT

Many Chicago area residents have probably heard of a product being recalled, as recalls often make the news and are sometimes national headline-grabbers. A few people in the area and throughout Illinois may have even had to return a recalled product or two in order to get a refund. Still, many people might not be aware of exactly how the process works.

It is important to remember that several different government agencies have the authority to demand and supervise product recalls when a dangerous product poses a threat to consumer safety. This overview serves as some general guidance about how one agency, the Consumer Product Safety Commission, handles recalls.

An investigation in to whether a recall is warranted starts with a consumer complaint about a product that the agency feels is worthy of some attention and investigation. Through a special “fast track” system, a company is also able to effectively report on itself by telling the agency about a product they want to recall based on the company’s internal investigation. Fast track cases generally move directly to pulling a product off the market for replacement, refund or repair.

After investigating, the agency may either decide the product is not dangerous after all or may demand a company recall the product from the market. In most cases, the company will agree to do the recall and work on a plan with the agency that ensures the product will either be removed from the market or made safe for use. However, a company can challenge the agency’s decision through a court process.

In all of this, it important to remember the goal of the process is to remove an Illinois defective product from the market. Product recalls are not designed to ensure injured Chicago-area residents get compensation for their losses related to a defective product. To get compensation, a products liability lawsuit may be necessary.

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I lost a loved one on the job; can I sue?

Fri, 17 Feb 2017 08:38:00 GMT

Like all of the other states, Illinois has a workers’ compensation system in place to ensure the families of employees get some compensation when their loved one be killed or even seriously injured in connection with their work. Workers’ compensation also pays benefits to families who lose a loved-one due to a work-related illness, such as cancers related to asbestos exposure.

However, in exchange for these benefits, which get awarded on a no-fault basis and are supposed to be paid relatively quickly, families give up important rights, including the right to sue their loved one’s employer for wrongful death. Moreover, workers’ compensation does not pay for everything and definitely does not compensate for emotional damages like the mental anguish and suffering a grieving family faces after a tragic work-related death.

There are certain exceptions to this general rule, however, so a family shouldn’t automatically assume that workers’ compensation is their only remedy following a workplace death. For instance, an employer will remain fully responsible for any intentional injuries inflicted upon a worker. Perhaps more importantly, though, an employee’s family can still sue if they can show the injury for which they are suing does not fall within the purview of Illinois’ workers’ compensation system.

A common example of when this rule might apply would be if a Chicago-area employee gets hurt by a piece of equipment or a dangerous product while at work. The employee could still sue the maker of that product in court, even if the manufacturer of the product happens to be the person’s employer as well. In this case, the suit is not so much about an employee suing an employer, as any Illinois resident would be allowed to pursue compensation for a defective product.

While many Chicago work-related deaths at construction sites or in other venues will fall exclusively within the workers’ compensation system, a grieving family should not automatically assume that those benefits are all that are available to them.

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What happens when commercial truckers are distracted?

Tue, 14 Feb 2017 07:01:00 GMT

Sharing the road with commercial truckers can be challenging in the best circumstances, and when cars and trucks collide, smaller automobiles are usually on the losing end of things. Your chances of being a victim of a tru cker accident jump considerably when the truck driver is distracted. Just as distractions such as phone use or eating or drinking behind the wheel frequently contribute to accidents among regular motorists, distractions are also an issue for many truck drivers.

In fact, the Federal Motor Carrier Safety Administration reports that in one study, driver distractions were shown to be a factor in slightly more than 70 percent of semi-truck accidents . Here are some of the leading causes of truck driver distraction:

The truck driver eating and drinking behind the wheel

Just as you try to multitask from time to time, truckers also face similar pressures but they are behind the wheel when trying to concentrate on more than one thing. Often, these truck drivers cover hundreds of miles in a single stint. And since truck driver pay is often based on how many miles are covered in a certain time frame, it can be even more tempting for them to avoid making an actual stop for a meal. However, the problem becomes how closely is the truck driver able to pay attention to the road while also attempting to eat.

The driver texting and talking on the phone

According to one study, the act of sending or receiving a text message while driving increases the likelihood of a serious accident by 23 times. The act is especially dangerous because it takes your cognitive, manual and visual attention away from the road, meaning it encompasses all three types of driver distraction. However, even though the danger is known – and texting behind the wheel of a big rig is illegal – this does not mean it is not happening. Sadly, there are a number of accidents that happen every year due to a truck driver talking or texting on his or her phone.

Outside distractions take the driver’s attention away

According to one study, outside distractions, which may be billboards or accidents on the side of the road, have been a factor in about 80 percent of semi-involved crashes.

The truth is that driving while distracted endangers everyone, but the risks are perhaps even greater when one of the drivers is behind the wheel of a massive, multi-ton vehicle. But just like any accident, you should not have to pay due to someone else’s mistake. This is where an attorney can step in to examine the true cause of the crash and help determine what legal action to take next.

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If it looks like neglect, families can seek compensation

Thu, 09 Feb 2017 13:42:00 GMT

Many families in the Chicago area trust nursing homes to take care of their aging loved ones so that they can be protected and adequately comforted in the final years of their lives. However, as a recent post on this blog illustrated, sometimes nursing homes, either accidentally or for more nefarious reasons, betray this trust and leave their aged patients seriously injured or dead prematurely.

There are many signs and symptoms of nursing home neglect, and any one of them could mean that a family should consider, if possible, finding alternative care for their loved one and seeking compensation for that loved one’s injuries, or, in the most serious cases, a loved one’s death.

For example, if a patient experiences bedsores, the family should suspect neglect. Bedsores can range from mildly painful to breeding grounds for serious and potentially fatal infections. The only sure thing about bedsores is that they are readily preventable; all nursing home staff members have to do is move a bed-ridden patient from time to time.

Likewise, a family should begin wondering if they hear reports of a loved one with dementia, or really any patient with such condition, being able to leave the home and wander about confused. This is extremely dangerous since a confused person will not notice the hazards that an average person avoids every day without thinking, such as a body of water or heavy traffic. Of course, a family should also be on the lookout for signs of dehydration, poor nutrition and medical errors.

Our law office represents victims of nursing home abuse and their families. Aside from the most flagrant cases, even more “understandable” cases of negligence in a nursing home can be devastating for a victim and their loved ones. We understand this, and we have been able to get many of our clients the compensation they deserve.

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Man sues after relative dies in Cook County nursing home

Thu, 02 Feb 2017 13:42:00 GMT

A family who had placed their loved one in the care of a nursing home located in one of the suburbs of Chicago is now suing the facility after the loved one died following a brain injury. In addition to naming the nursing home itself as a defendant, the suit also accused two nurses of negligence.

The suit stems from an incident in which the loved one of the plaintiff fell and apparently hit his head hard. According to the lawsuit, the nursing home and its staff did not take adequate safety measures to make sure the man did not fall. Moreover, the suit also alleges that after the fall, the staff did not give the man proper medical care.

The suit did not specify a dollar amount, but the plaintiff is seeking all compensation that is available under Illinois law. Compensation for this family could include medical expenses, funeral expenses, non-economic damages such as pain and suffering or emotional distress and other damages.

Of course, this lawsuit is still in its early stages, and it is difficult at this point to say definitively whether the nursing home or its staff were negligent. The next step will likely be the so-called discovery process in which each side uses the legal tools available to it to investigate its respective case. Settlement is also always a possibility.

Nursing homes in Illinois have to do more than simply protect their residents from egregious or criminal acts of abuse and neglect. As medical facilities, nursing homes have to adhere to a standard of care, and if they fail to meet that standard, they can be liable for damages. Chicago-area residents who feel a loved one has been injured or even has died prematurely because of nursing home negligence should consider speaking to a Chicago nursing home neglect attorney.

Source: La Grange Patch, “ La Grange nursing home sued for allegedly contributing to death of patient ,” Anicka Slachta, Jan. 30, 2017

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Illinois med mal suits pay big, but are relatively rare

Fri, 27 Jan 2017 12:44:00 GMT

A recently published breakdown of how the state of medical malpractice suits in each of the 50 states, including Illinois, revealed this state is in what some might see as an unusual position of having relatively few medical negligence actions filed but, on the other hand, offering those that do file suits the strong possibility of getting complete and just compensation for their injuries.

In terms of the number of suits filed per 100,000 residents, Illinois ranks near the bottom of the states, with a little over 14 per every 100,000 people in state filing a medical malpractice suit. However, when it comes to the total payout of compensation for all medical malpractice claims in 2015, Illinois ranked in the top 5 with $258.2 million in compensation being paid to victims by doctors, hospitals and their insurance companies.

The $258.2 million figured marked an approximately 23.8 percent increase in total payouts when compared to the previous year. The study does not make clear, however, whether this increase was a one-time fluke because of a major lawsuit getting decided or settled or, rather, is part of an ongoing trend of rising medical malpractice costs. Many of the states surveyed actually saw substantial decreases in total payouts.

Residents of the Chicago area who suffer injury or a worsened medical condition because of the negligent actions or omissions of a doctor or other medical professional have important rights, including the right to pursue compensation. When a professional’s medical malpractice worsens someone’s existing condition, they face physical and emotional challenges that may take considerable finances to resolve and compensation can be received to cover it. A Chicago medical malpractice attorney can be of valuable assistance in this respect.

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Representation for victims of skiing and other injuries

Thu, 19 Jan 2017 06:07:00 GMT

Last week’s post on this blog discussed how Chicago-area residents can take precautions while skiing, either at one of Illinois’ commercial ski slopes or simply while going cross-country out in the rural areas of the state. Of course, people can engage in other fun activities well, such as snowmobiling or sledding. However, each and every one of these activities carries with it the possibility of someone getting seriously hurt.

Among other injuries, people who are participating in winter sports and recreation can experience head trauma that leads to a significant brain injury. While Illinois residents are well aware that serious brain injuries can lead to death or a permanent comatose state, even injuries that are not life-threatening can be debilitating.

Our law office has represented people who suffered brain injuries and has in the past been quite successful in obtaining compensation for our clients. With respect to winter sporting activities, we know that while some injuries are simply accidents, in other cases, there is a third party responsible. For instance, a person sledding on private property with permission can have a reasonable expectation that they are able to sled safely.

If you or your loved one start noticing that you are simply not acting the same after an accident involving winter sports, particularly if you are showing the signs of having a brain injury, it may be important to consult with an experienced Chicago-area personal injury attorney promptly in order to protect your rights and ensure you can claim any compensation to which you are entitled.

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Tips to avoid skiing injuries

Thu, 12 Jan 2017 06:07:00 GMT

Although people might not think about Illinois as snow skiing country, there are in fact several places in which Chicago residents can go within the state in order to enjoy the ski slopes. Additionally, the state’s geography is amenable to cross-country skiing and is not terribly far, in some cases, a day’s drive, from other places with steeper hills and mountains.

With skiing, however, comes the possibility of knee injuries, such as when someone gets his or her ski caught in a snag, and other, more serious injuries. There are, however, a few tips Chicago residents can use to avoid getting hurt while on the slopes.

The basic idea of safety is that one should ski defensively ; just as if driving a car, the idea behind defensive skiing is that the skier should assume other people are not going to always be safe and on the lookout for others. Defensive skiing comes in to play particularly on the beginner slopes at a ski resort. While it may seem counterintuitive, these slopes are actually more dangerous than the advanced slopes in many respects.

In particular, beginner slopes attract young and inexperienced skiers who may not have control of their movements. It is therefore a good defensive practice for a person skiing a beginner slope to look uphill from time to time in order to notice any out-of-control skiers.

For those who choose to cross-country ski, it is a good idea, at least while still learning, to ski a trail with well-packed snow and with relatively few slopes. Heading downhill on skis designed for cross-country movement is not easy and, if done incorrectly, can lead to serious injuries.

Of course, sometimes a Chicago resident can take every precaution and still wind up with an injury on the ski slope. In such cases, consulting with a Chicago personal injury attorney may be a good idea, as legal options could be available.

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Will new administration affect medical malpractice suits?

Fri, 06 Jan 2017 12:44:00 GMT

Donald Trump will soon be the United States’ next President. He will be sworn in on January 20. With a new administration could come changes in current laws and this has led to much discussion amongst political experts. The uncertainty regarding certain legislation has created anxiety in Chicago residents as well as others.

One of the most important issues to be addressed is the current state of health care in the United States. The Affordable Care Act, often called Obamacare, is among the most contested and most heated topic of discussion. With a Republican controlled congress, it remains to be seen what will ultimately happen with Obamacare. Will it be completely removed without any replacement? Will parts of it stay? Will new laws come into play in an effort to defray the costs of it?

One topic of discussion is the role of medical malpractice suits and how they affect health care costs. While $100 billion dollars in malpractice suits may seem like a lot of money, considering all of health care as an industry is more than $3.2 trillion dollars annually, medical malpractice only accounts for 3% of the total. There is talk of tort reform, and talk of federal limits or caps on malpractice suits, though there is much disagreement between their effectiveness.

What is important to note is that over 250,000 people die every year due to medical mistakes, and victims who suffer from additional illness, injuries or death due to the mistakes of others. Whether it is Chicago medical malpractice or anywhere in the country, the guilty parties should be held responsible and the victims should receive compensation for their condition.

Source: Washington Post, “ Top Republicans say there’s a medical malpractice crisis. Experts say there isn’t ,” By Chad Terhune, Dec. 30, 2016

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Winter months brings new set of potential dangers

Fri, 30 Dec 2016 06:07:00 GMT

With the change of the seasons and the winter months upon is, Chicagoans engage in a new set of recreational activities. When the snow rolls in, some of us like to just sit with our coffee or hot chocolate or tea beside the fire with a blanket, watching the flakes fall. Others fully embrace the outdoors, and head out to ski slopes, or drive out to the country to hop on a snow mobile. Others still just like a sheet of ice and lace up their ice skates for some casual skating, figure skating, or ice hockey.

If you are the more adventurous type, it is important to recognize the risks associated with these recreational activities. While accidents can happen to any one at any time, if it is due to the neglect of an establishment or resort that led to the injury, a victim may be entitled to compensation. Knee and head injuries are not uncommon for those skiing and skating. It may have been faulty equipment, or a negligent person out with you, or perhaps it was the conditions where you were participating that were unsatisfactorily maintained. The possibilities are endless.

For those hitting the snow on a snow mobile, trails must be properly maintained to prevent possible hazardous conditions. It may not even be the conditions of the trails that lead to an accident. Faulty machinery or dangerous or defective equipment may have been the culprit.

If you have suffered an Illinois serious injury , you may wish to speak with a law firm familiar with personal injury or product liability to see whether you are entitled to compensation for your injuries. Lawyers at our firm can use their experience for their client’s benefit.

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Be mindful of the toys you buy you kids for the holidays

Fri, 16 Dec 2016 05:32:00 GMT

Though Chicago residents may have been aware of this at some level, it can now be confirmed by various studies that approximately 65 percent of all toy purchases occur during the holiday season in the United States. For children, unwrapping presents is the highlight of their holidays. But every year, we learn of instances where harmful toys can lead to serious injuries or even death.

Parents should never assume that because a product is out on store shelves that it is safe for children. Awareness of the possibility of danger should stay in the back of a parent’s mind when making purchases of toys for their kids. And even seemingly harmless toys can have dangers that parents are unaware of. For example, on this year’s “Ten Worst Toys for the Holiday Season”, published by the World Against Toys Causing Harm, Inc. organization, is the “Kids Time Elephant” pillow, a seemingly harmless stuffed animal. Unfortunately, the toy is sold without any warning of possible suffocation to infants, and many parents are unaware of the potential threats these toys pose to children.

Statistics prove that toy safety is a legitimate concern for Americans. In the United States, every three minutes a child is treated in an emergency room for a toy-related injury. In 2014 alone, 251,000 children were injured as a result of their toys. And not all injuries are minor. In fact, between 2010 and 2014 sixty-one children died due to toy-related incidents.

There are consumer safety regulations in affect to help protect consumers from the dangers associated with toys. But the regulations are not failproof. If you or someone you know has a child who was injured or died as a result of a hazardous product, it may be in their best interest to speak with a lawyer familiar with product liabilities to see whether they can be compensated for the incident.

Source: toysafety.org, “W.A.T.C.H. Reveals Nominees for ‘Ten Worst Toys’ for 2016 Holiday Season,” Accessed Dec. 13, 2016

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Medical malpractice is difficult to prove but we can help

Tue, 13 Dec 2016 12:44:00 GMT

It may seem like an innocent mistake at first. A nurse gives a patient the wrong medication or an incorrect dosage. A doctor overlooks a symptom and gives an incorrect medical diagnosis. A hospital neglects to monitor the condition of a patient. Medical malpractice is not uncommon. People are human. And humans make errors. But why should a victim have to live with the mistake of a medical professional?

When you walk into a doctor’s office, a hospital, or any medical facility, it is their responsibility to see that you, as a patient, are treated with the utmost respect and care. You rely on medical professionals to know what to do and how to diagnose and treat a patient, no matter the issue.

There are many unfortunate events that can lead to medical malpractice. Whether it is neglect of a loved one in a nursing home due to improper care, medical malpractice such as the failure to diagnose or monitor a patient or more, you deserve to be treated properly. In these situations, seeking the assistance of an experienced attorney can be very helpful.

The law offices of Healy Scanlon Law Firm understand the importance of protecting our clients. Our goal is to make certain that justice is served when an instance of Chicago medical malpractice from others leads to serious injuries or even death. We have earned millions of dollars to our clients in medical expenses, lost wages and pain and suffering compensation. We fight hard to protect our client’s best interests and our clients can benefit from our experience.

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Negligence cited in wrongful death at Chicago nursing home

Thu, 08 Dec 2016 13:42:00 GMT

As we age, it becomes increasingly difficult to care for oneself, and eventually, family or friends may make the decision to send their loved one to a nursing home for permanent and 24-hour care. It is expected that during the time when a patient is in a nursing home, that he or she will be treated by nursing home staff and doctors with care and consideration to ensure that the patient’s health is not compromised.

Life in a nursing home can difficult for patients, and they may not receive acceptable or appropriate care. Compounding the issue is the fact that many elderly patients are unable to care for themselves or even report instances of abuse to loved ones or family or friends who visit.

Such appears to be the case for the Atrium Health Care Chicago nursing home facility which was recently hit with a wrongful death claim. According to the suit, a patient was not properly treated for pressure ulcers which ultimately contributed to the patient’s death. It is believed that a lack of proper supervision is what initially led to the ulcers and ultimately the death of the patient.

Wrongful death and negligence are serious concerns for patients and the loved ones of patients who reside in nursing homes. Nursing homes are expected to follow a reasonable standard of care for all their patients, and instances of Chicago nursing home neglect should always be addressed to help protect patients and assure that compensation is awarded in cases of mistreatment and neglect by health care facilities.

Source: Cook County Record, “ Atrium Health Care Chicago accused of negligence in connection with death ,” By Louie Torres, Dec. 1, 2016

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Who is responsible in a medical malpractice suit?

Thu, 01 Dec 2016 12:44:00 GMT

Though they may have superior medical knowledge, at the end of the day, all doctors are humans and humans are not perfect. Unfortunately, there are times when human errors occur during a patient’s treatment in Chicago, whether it is a misdiagnosis, the prescription or administration of wrong drugs or surgical mistake. Each of these instances can lead to severe injury, a prolonged illness or in extreme instances, death.

Although it is presumed that all necessary precautions are taken when it comes to a patient’s health, as it is a doctor and medical professional’s job and duty is to care for a patient, this is not always the case. As mentioned above, medical malpractice may take many forms. So who is responsible in the event of medical malpractice?

Every situation is of course different, but when looking at the factors that led to the medical malpractice, there are often multiple parties responsible. Under the legal doctrine “respondeat superior”, employers may be held responsible for the actions of their employees, including neglects and malpractice. Hospitals where a medical procedure took place may be found liable for the actions or inactions of their employees. This includes not only doctors, but nurses, nurse practitioners, physicians and physician’s assistants.

While some physicians are employees of their hospital, it is not uncommon for doctors to be considered independent contractors. This means that hospitals with contracted doctors are not liable under the respondeat superior doctrine. This does not mean that doctors, including doctors in the Chicago area, are not responsible for any Chicago medical malpractice suits that may arise. These determinations may be difficult to make, especially when a Chicago resident is recuperating from a condition caused by the negligence. An experienced attorney can wade through the legalities on their behalf.

Source: findlaw.com, “ Medical Malpractice: Who Can Be Sued? ” Accessed Nov. 29, 2016

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Retail worker safety during the holidays

Fri, 25 Nov 2016 08:38:00 GMT

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We fight for those who unexpectedly suffer recreational injuries

Thu, 17 Nov 2016 06:07:00 GMT

Most Illinois residents have hobbies that they enjoy participating in. Some hobbies are relatively safe and unlikely to lead to injuries. Others, however, can involve an element of risk .

These risks can often be minimized with proper training, equipment and preparation. If people take these steps, the risk of recreational injuries decreases, and people can safely participate in the activities they love. Oftentimes, though, minimizing the risks of recreational accidents depends on other parties, including other participants, the facility allowing the activity, or the manufacturer of safety equipment.

When these other parties fail to act safely, injuries can occur. Many of these injuries, like those in a swimming pool accident, jet ski accident, or winter sporting accident, can lead to lifelong issues for the victims.

People in these situations may suffer head injuries, broken bones or other serious physical injuries. Not only will these injuries take a person away from the activities they love, but they can also affect a person’s ability to work or live independently.

When the negligence of another causes a recreational accident, Illinois residents can turn to our law firm for help. Our attorneys are experienced in determining the cause for these serious accidents. As people recover from their injuries, our attorneys can help to enforce their legal rights, which may include filing a personal injury lawsuit. By filing a personal injury claim, a victim may be able to recover compensation for damages such as medical expenses, lost wages, and pain and suffering.

This compensation can be invaluable as people recover from an unexpected incident. Yet, reaching a recovering is often challenging, as defense attorneys will zealously advocate for to protect their clients. That is where having a skilled, diligent, and aggressive legal team, like the one at our firm, may prove beneficial. For more information about our law firm and recreational accidents , please see our website.

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Are concussions common in the winter?

Fri, 11 Nov 2016 06:07:00 GMT

Any head injury can be a scary and dangerous event for an Illinois resident. Most people understand the dangers that head injuries pose, which can include serious physical, emotional, and financial ramifications.

A concussion is a serious type of head injury that occurs after a significant blow to the head. Concussions can have long-term effects on the human brain. Concussions can have devastating effects on young people, in particularly. In some cases, concussions can even cause chemical change in a person’s brain. Therefore, it is important that people try to avoid head injuries, especially concussions, when involved in recreational activities.

Winter sports, however, can be extremely physical. In the wrong situations, head injuries can occur as people enjoy these sports. Such winter sports include skating and hockey. Both can lead to serious injuries if players do not take proper precautions.

According to the Centers for Disease Control and Prevention , it is important that people understand the signs and symptoms of a concussion as well as the safety measures that can be taken to prevent them. For example, the CDC recommends that people only participate in these winter sports if they are using the proper protective equipment. This equipment should be well-maintained and should properly fit the person using it. Additionally, rough play should be discouraged during the sports.

Injuries from recreational activities can occur anytime of the year. When someone is injured while participating in a recreational activity, they may have a legal claim for damages suffered. In many cases, this compensation can be recovered if the negligence of another caused an accident. An attorney can give specific legal advice to Illinois residents when recreational injuries occur.

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Examining the danger of winter sports

Fri, 04 Nov 2016 06:07:00 GMT

Many Illinois residents are eagerly waiting the end of fall and the beginning of winter. As the weather cools, many are looking forward to hitting the slopes and participating in a variety of winter-themed recreational activities. While these activities can be fun and engaging for people of all ages, many carry the risk of injury.

Winter sports, such as skiing and snowboarding, carry large risks to those who participate. Data shows that the sports carry an injury rate of two to three people per 1,000 participants per day. These injuries can include leg and wrist injuries, broken bones, sprains, spinal injuries, and head injuries.

In severe cases, people can die from injuries sustained while participating in winter sports. According to data , around 41 people died each year from participation in winter sports between 2003 and 2013. However, experts argue these risks are not significantly higher than other, non-winter recreational activities.

Thankfully, there are some steps that participants can take to mitigate the risks of injuries from winter sports. While these recreational activities can be dangerous, taking these steps can help people to stay safer on the slopes. First, experts recommend that individuals wear helmets while participating in winter sports. These helmets, while not mandatory, can help to prevent dangerous head injuries .

Experts also advise individuals to seek training on the slopes before trying new sports. This includes trying to perform tricks that they may not be familiar with. By seeking professional help, individuals can make sure they are participating and performing any new activities in a safe fashion.

Recreational injuries are common in many sports. When the negligence of another causes a recreational injury, Illinois resident should understand their legal rights. If people are hurt because of the negligence of another while participating in winter sports, they may be entitled to compensation.

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Nursing home neglect lawsuit filed after man’s death

Thu, 27 Oct 2016 13:42:00 GMT

Illinois residents often need to rely nursing homes to take care of elderly loved ones. These medical facilities are supposed to provide the day-to-day and medical care that their residents need. However, many facilities fall short of these expectations and nursing home residents are subject to injuries from abuse or neglect. In these cases, legal remedies may be available, which can be seen by one recent case.

There, an Illinois widow sued a nursing home that failed to properly care for her husband. The woman alleges in the lawsuit that her husband suffered fatal injuries because of the nursing home’s failure to call 911 after an accident.

According to reports, the man was in the nursing home after he suffered a broken leg. While in a wheelchair, the man was being lifted by a mechanical lift into the facility’s van. As the lift was being operated, it malfunctioned and the man was thrown from the wheelchair. His wife supposedly witnessed this accident and insisted that the staff call 911.

However, staff refused and instead loaded him into another chair and took him inside the facility. It wasn’t until 45 minutes after the incident that emergency workers were finally called to take the man to the hospital. It was later discovered that the lift had been improperly maintained.

It turns out that the man broke his neck in the fall. He died a couple of weeks later from complications related to his broken neck. As the result of a state investigation into the nursing home, which has been cited several times before for safety issues, was fined $50,000 for its conduct.

Family members have the right to take legal action against negligent nursing home facilities when Chicago nursing home neglect occurs. Families may be entitled to compensation when nursing homes injure or kill a loved one, which can go a long way towards helping cover unexpected losses and expenses.

Source: Illinois Times, “ Springfield nursing home sued State, feds levy big fines ,” Bruce Rushton, Oct. 13, 2016

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What types of medication errors occur in nursing homes?

Fri, 21 Oct 2016 13:42:00 GMT

With America’s population aging, many families face difficult situations when their love ones are no longer able to care for themselves. Many people wish that their family members would be able to continue to live independently, but this is not the reality for many in our state. When people notice that an elderly family member is no longer able to care for him or herself, they may wonder about their elderly loved one’s long-term care options.

Many families rely on nursing home facilities to take care of their loved ones. People trust that these facilities will take appropriate measures to care for their loved one’s physical, mental and medical needs. However, medical errors happen in nursing home facilities with alarming frequency, just like in other medical settings.

In particular, medication errors are common in long-term care facilities. According to one study , there were a variety of types of medication errors in nursing home facilities. In this study, more than 600 errors were reported over the course of one year. These errors occurred at 92 percent of the facilities involved in the study.

The most common error was an error of omission. This error accounted for 32 percent of the total reported errors. In these cases, residents simply were not given their medication. Another common medication error was overdose. An overdose of medication was responsible for 14 percent of the reported medication errors. Following omission and overdose was an underdose. Underdose errors occurred in seven percent of the reported error cases. Other types of areas found by the study included wrong strength, wrong product, and wrong patient errors.

No matter what type of medication error occurs in a nursing home facility, it could have devastating effects on the resident. When a medication error is responsible for causing injuries or death to a nursing home resident, that victim’s family should carefully consider their legal options. In some cases, filing a wrongful death or nursing home neglect lawsuit may be appropriate. An attorney can give specific legal advice when medication errors occur.

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Filing a products liability lawsuit following an injury

Fri, 14 Oct 2016 05:32:00 GMT

Most Illinois residents purchase consumer goods on a fairly regular basis. Many of these goods are supposed to be harmless. In fact, people often expect them to be good for them. Products like clothing, food and children’s toys are supposed to carry little or no risk to consumers.

Some products, on the other hand, do carry inherent risks. Cars, power tools and appliances, for example, can be dangerous to use in certain situations. However, people expect the risks to be mitigated when people use these products as they are intended. In other words, they don’t expect to get injured by these products if they are using them for the purpose they were made for and if they are using them carefully.

Despite these expectations, many consumer products cause injuries to people in Illinois. Sometimes products are manufactured incorrectly, other times they contain dangerous chemicals or bacteria or they can even suffer from fatal design flaws. When this happens people can suffer serious injuries and incur great expense.

In these cases, it can be beneficial for consumers in Illinois to turn to an attorney, like those at our law firm. Our experienced attorneys understand product liability laws and whether or not they apply in certain cases. We can help people enforce their rights and hold companies responsible when consumer safety is compromised.

Filing a product liability lawsuit can be a challenging process — especially as people try to recover from devastating injuries and accidents. Our attorneys can help people sort through the legal jargon to get people the compensation they need. For more information about our law firm and product liability laws, see our website.

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Medications and product liability

Wed, 05 Oct 2016 05:32:00 GMT

People across the United States rely on medications in order to remain healthy. Especially as the American population ages, more people are taking non-prescription and prescription medication on a daily basis. Without this medicine, many people would struggle with health issues and may have a reduced quality of life.

However, not all medication is safe or appropriate in all situations. Many times, medication can have dangerous side effects that can do more harm than good. This is why it is important for a doctor to prescribe and monitor medication use, in many situations. But, there are still situations where medication is unsafe for consumers in Illinois.

In these cases, a drug manufacturer may be responsible for creating and marketing an unsafe product. In these situations, these companies can often be held liable for damage caused by the unsafe medication. There are strict safety standards that must be met by all drug companies. These standard are closely monitored by the U.S. Food and Drug Administration.

Drug companies also have a duty to warn consumers of potential side effects of medications. These warnings can help people and their doctors a determine if the medication is right for them.

If companies fail to uphold these duties, then they may be held liable for damages. In a product liability suit, people can receive compensation for injuries they have suffered because of defective medication. These medical products liability suits can help people get the compensation they need after being injured. An attorney can help people understand their rights when a dangerous product has made it to consumers.

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Regulation of Illinois nursing homes

Sun, 25 Sep 2016 13:42:00 GMT

Each year many more Illinois residents become unable to care for themselves. Baby boomers are rapidly reaching retirement age and starting to experience the many physical issues that can accompany getting older. While medical advancements have increased the quality of healthcare, not every disease is curable. There are many mental and physical conditions that require constant care and supervision as individuals age.

As a result, many Illinois families rely on nursing homes to provide care for their aging loved ones. This care can include both mental and physical health concerns.

Nursing homes in Illinois are regulated by the Illinois Department of Public Health . The department is responsible for overseeing these facilities to ensure that they are safe for Illinois residents. As part of their duties, the department frequently — once every six to 15 months — inspects each nursing home facility within the state. These inspections can be the result of complaints about the facility or just conducted as a normal part of the department’s business.

A variety of data is evaluated during these inspections to ensure that these facilities are safe for Illinois residents. This includes the reports of issues with residents and staff, and police reports investigating the facility and the access to care provided to each resident. Many aspects of the facility are evaluated during inspections, including housekeeping and cleanliness.

If issues are found with a particular facility, then the department can impose penalties on the facilities. These penalties frequently include civil monetary fines up to $10,000. In some cases, a facility’s Medicare or Medicaid certification can be revoked.

While these procedures help to keep Illinois residents safe, they cannot prevent every incident. When people are injured or killed in a nursing home legal action may be required. Nursing home deaths are often avoidable and are the result of negligence. In these cases, compensation for Illinois elder abuse may be available to victims and their families.

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When should you consider litigation for a defective car?

Fri, 23 Sep 2016 05:32:00 GMT

For many people in Illinois, their car is extremely important to them. For them, their car is trusted to get them where they need to go and keep them safe along the way. And, in most cases, this is exactly what happens. Cars are equipped with many safety features meant to prevent accidents. If accidents do occur, these cars have many safety features designed to prevent injuries.

However, in order for these safety features to prevent accidents and injuries, they have to be properly designed and manufactured. But, what happens when this isn’t the case? When a car isn’t safe and injuries result, should people take legal action?

While this blog post cannot provide specific legal advice, Illinois residents should know that they can file a suit against a car manufacturer. Car companies are strictly liable when product defects result in injuries or death to individuals.

There are many types of defects that can lead to a lawsuit. These can include damage to the exterior of the car, defects to the car’s electrical, exhaust or engine systems, issues with the passenger compartment or even problems with the car’s steering or brakes. Defects can also include problems with the car’s assembly.

Unlike other types of civil suits, auto part defect cases do not need to include a showing of carelessness by the manufacturer. This means that the car’s manufacturer does not need to be negligent in order for someone to bring a lawsuit.

There are many reasons why a person may consider a Chicago product liability lawsuit following a car accident. If a defect in the car caused the accident, Illinois residents should consider a product liability suit. An attorney can give specific legal advice to people in these situations.

Source: Findlaw, “ Defective Motor Vehicle Lawsuits ,” accessed Sept. 30, 2016

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Leaf blower recalled after injuries

Thu, 22 Sep 2016 05:32:00 GMT

With fall quickly approaching in Illinois many homeowners are headed to the yards to start fall cleanup. They do this with the help of many different tools meant to make the job easier. These tools can save time for many of the people who own them. However, these tools also carry a certain amount of risk when using them.

This risk is obvious to many people who own power tools. However, a product defect can increase this risk to consumers. Apparently, according to news reports, this is what is recently happened with one consumer product.

Reports claim that Black & Decker is recalling a three-in-one electric blower, vacuum, mulcher due to a safety hazard. In this recall about 560,000 blowers have been recalled. There are three effected model numbers. Reports claim that on these affected models a fan cover can unexpectedly fall off the product. This has caused some consumers to be injured when their fingers come in contact with the fan. At least four people have reported suffering a laceration as a result of this defect.

Consumers are warned to contact the company and to stop using these products. The company will apparently send a repair kit to eligible consumers so that the fan cover can be replaced. This will hopefully stop further injuries from occurring as a result of using these products.

Companies across Illinois are responsible for making sure the products that reach the market are safe for consumers. When companies produce products that cause injuries, they can be held legally responsible for these accidents and lapses in consumer safety. In a product liability lawsuit, individuals can receive compensation for their injuries. A Chicago product liability suit can help families move on financially from these tragic accidents.

Source: WAND 17, “ Black & Decker Blower Recalled ,” Doug Wolfe, Sept. 13, 2016

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Moving forward from a work-related death

Thu, 08 Sep 2016 08:38:00 GMT

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How dangerous are grain bins?

Thu, 01 Sep 2016 08:38:00 GMT

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Medical errors often go unreported

Thu, 25 Aug 2016 12:44:00 GMT

Chicago residents turn to medical professionals to help solve their medical problems. People expect the doctors will have the answers to their medical ailments and be able to return them to good health. However, sometimes doctors are unable to fix all medical issues. While doctors can help to make people more comfortable, they cannot always prevent all deaths.

When someone dies during medical treatment most people assume that the death occurred because of the illness or injury. But, what if this is not the case?

According to some researchers , medical errors are the third leading cause of death in the United States. However, many of these deaths go unreported or under reported because of medical coding issues. According to these researchers, the Centers for Disease Control and Prevention operate on a system of death codes created more than 100 years ago. These codes do not allow doctors or medical facilities to acknowledge that a medical error had a role in causing someone’s death.

Without using these codes to identify when an error has had a role in the person’s death, it can be difficult to see exactly how many times a medical error leads to death. The same researchers estimate that around 250,000 people in the United States are killed each year because of a medical error. Without proper reporting, it can be difficult to prevent deaths by the same cause in the future.

These researchers believe that the CDC should allow an update to these medical death codes. By updating the codes, they can more accurately reflect a person’s cause of death.

A wrongful death at the hands of a doctor can be extremely hard for families in Illinois to deal with. However, they should understand they have legal rights. These rights can include the right to file a medical malpractice lawsuit against a negligent doctor. In this case, families may be entitled to compensation.

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Illinois patient settles medical malpractice suit with dentist

Thu, 18 Aug 2016 12:44:00 GMT

When Illinois residents visit a medical professional they expect to be treated with the upmost care. They expect that the professional will uphold the standards of the profession and fix any potential issues that arise. Often, Illinois residents are not able to handle their own medical issues without help, and this is why they turn to trusted doctors, dentists and nurses to treat their ailments. Sadly, some of these medical professionals fail to live up to these expectations and are guilty of medical negligence.

This was recently the case in Illinois when a man visited the dentist. In this case, the man was having a root canal performed. During the procedure, the dentist apparently lost one of the tools he was using. The dentist told the man that he dropped the tool but couldn’t find it. However, the dentist did not elaborate further.

In the days after the dental procedure, the man ended up at his doctor’s office with severe stomach pain and nausea. His doctor ordered an x-ray and the dental tool — an almost two-inch long barbed wire — was found in the man’s stomach. Apparently, the dentist dropped the tool down the man’s throat where he unknowingly swallowed it. Eventually, the man had to have two surgeries to remove the tool and return to health.

The man eventually brought a medical malpractice lawsuit against the dentist. He argued that the dentist should have used a rubber dam which would have protected the man’s throat from instruments that were dropped. Instead, the dentist chose to forgo this protection. Recently, the case settled. As a result, the man was awarded $675,000.

Chicago medical malpractice lawsuits, like the one in this case, can be extremely important to medical malpractice victims and their families. These individuals can receive the compensation they need as a result of their injuries. This compensation can help to cover the emotional and actual damages caused by the negligence of a doctor or another medical professional.

Source: National Post, “ A dentist lost a barbed tool during a root canal. It was later found in her patient’s stomach ,” Kristine Guerra, Aug. 5, 2016

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Construction vehicle injury leads to man’s death

Fri, 12 Aug 2016 08:38:00 GMT

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What is cerebral palsy?

Fri, 05 Aug 2016 12:44:00 GMT

Families in Illinois eagerly await the arrival of a new baby throughout a woman’s pregnancy. A pregnancy can be an exciting time for families, friends and coworkers. However, this excitement can be laced with nerves. Having a child can be a dangerous and difficult medical procedure. While people hope that everything will go normally, a variety of serious complications can arise during childbirth.

When these complications occur, people trust that their doctors will quickly and appropriately respond to the problems. Sadly, this doesn’t always happen, and babies are hurt as a result. There are many serious types of birth injuries that can result from a doctor’s negligence. One type of birth injury is cerebral palsy.

Cerebral palsy can occur when a baby’s brain is injured during the child’s birth or shortly after. It is generally caused by a lack of oxygen to the child’s brain. As a result of this accident, a child can suffer from a variety of issues including problems with motor function and brain development.

There are many symptoms that can indicate that a child has cerebral palsy. They may not show up directly at birth. These symptoms include low muscle tone, floppiness and unusual posture. Other symptoms include delayed social and physical milestones, involuntary movements and problems with hearing or vision.

When a negligent doctor is responsible for causing a child’s cerebral palsy, there may be legal action that can be taken. Birth injuries and medical malpractice cases are very serious. Compensation may be available to families who have suffered because of the negligence of a doctor. In these cases, people should consider speaking with an experienced Illinois attorney for specific legal advice.

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Holding companies accountable for their mistakes

Thu, 28 Jul 2016 05:32:00 GMT

Almost everyone has had the experience of purchasing a product only to find out it does not perform exactly the way a person thought it would. Some products are just plain disappointing. They break easily, or fail to live up to what they were supposed to do. Usually, these disappointments are just a fact of life.

But for some, defective products go beyond a simple disappointment. These products actually have led to serious injuries or illnesses for individuals. When a defective product is hazardous, its’ very use can result in serious lifelong consequences for the person using that product. People don’t expect the products they use to be dangerous to them. People expect that manufactures have done everything they can to make the product reasonably safe for its intended use. And, manufacturers are held to that standard.

When a hazardous product causes injuries to a consumer, the manufacturer can be held legally responsible for damages. Whether it’s a dangerous medical device, defective automotive product or otherwise hazardous consumer product, manufactures can be responsible for the costs associated with injuries caused by these products. Compensation can include money for medical expenses, funeral costs, pain and suffering, and other damage related to the defective product.

However, it’s not always easy to receive this compensation. The attorneys at the Healy Scanlon Law Firm have experience with product liability lawsuits. We understand consumer safety laws in Illinois and have made them work for our clients. As our clients have focused on the recovery from these dangerous and often surprising accidents, our legal team has worked on gathering the evidence needed to show a manufacturer was negligent. We have proven people’s injuries and the cost that these accidents have caused.

One of the important effects of product liability lawsuits is to help make sure that dangerous products are taken it off the market so they don’t hurt others, and that those people who have been injured have been compensated. For more information about our law firm and product liability lawsuits, please see our Chicago products liability webpage.

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Staying safe on scaffolding

Fri, 22 Jul 2016 08:38:00 GMT

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What is strict liability?

Fri, 15 Jul 2016 05:32:00 GMT

As this blog has discussed on many occasions, manufacturers are expected to produce products that are safe for consumers to use. However, many of these manufacturers fall short of these expectations. In these cases, people are sometimes injured by products they have purchased in the marketplace. Some of these injuries can be severe and cause long lasting damage.

When this occurs, Illinois residents may need to seek compensation for their injuries. This compensation can include medical expenses, lost wages and more. Without this compensation, consumers may be left to shoulder the burden of this difficult injury on their own.

In order to hold some companies responsible for the dangerous products they produce, the doctrine of strict liability has been created. Strict liability holds companies responsible for specifically dangerous products that they produce even when they have not been specifically negligent. This allows consumers to seek the legal relief they need when they are injured, even if the company’s carelessness cannot be shown to have caused those injuries to occur.

In order for strict liability to apply, a product must contain an unreasonably dangerous defect, and have injured a consumer. The defect in the product must have caused the injury while the product was used as it was intended. Finally, the product must be in substantially the same condition as the time the product was sold, and to apply to a seller, that seller must routinely sell that kind of product.

When these conditions are met, consumers may be entitled to compensation from the manufacturer whether not that manufacturer was negligent. It is important for people who have been injured by products to understand their legal rights. For specific legal advice following an injury from an Illinois defective product , individuals should consider speaking with an attorney about product liability laws.

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IKEA recalls furniture in Illinois after children die

Thu, 07 Jul 2016 05:32:00 GMT

IKEA is a popular shopping destination for many people in Illinois. Illinois has two IKEA locations that Illinois residents can enjoy. Worldwide, the retail giant operates 361 different stores. The store sells everything from children’s products and food to furniture.

Just like other manufacturers, people expect goods from IKEA to be safe for purchase. However, this has not always been the case. Recently, several children have died after dressers and chests of drawers have tipped over. In these cases, the furniture was not properly anchored to the wall, the dressers tipped and six children died. In situations like these, children can be seriously injured and even killed.

As a result of these deaths, IKEA has issued a voluntary product recall for the dressers. Specifically, IKEA has recalled dressers from their MALM line. These include three, four, five and six-drawer models. These dressers were sold and manufactured through June 2016. In all, this product recall affects around 29 million products.

A product recall can be difficult for consumers, but it is often important to follow the directions of the recall in order to avoid potential injuries. However, a product recall is often too little too late for individuals who have already been injured by a dangerous product.

When an injury or death occurs because of a defective product, those injured may have legal rights. These consumer safety rights can include the right to compensation for the injuries caused by the defective product. Negligent product manufacturers can often be held liable under Chicago product liability laws for dangerous products and the deaths they cause. Therefore, it is important that people understand their legal rights when they are injured by dangerous consumer products.

Source: Lisle Patch, “ 6 Child Deaths Lead to IKEA Recall of 29 Million Dressers ,” Lauren Traut, June 28, 2016

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Safe splash pad construction in Chicago

Thu, 30 Jun 2016 06:07:00 GMT

With summer in full force, many residents in Illinois are looking for ways to cool off in the heat. While some people may think about going to public pools, other people are taking a non-traditional route. Splash pads have become more popular in recent years. These spraying parks can be fun for children and families of all ages. They can appear safer then pools since the water is typically shallow.

However, splash pads need to be built correctly in order to prevent recreational injuries to the young children and families that use these facilities. Without the correct safety measures in place, people can suffer serious injuries within a splash pad.

The safety measures begin with the construction of the splash pad. Designers and construction crews need to be aware of these important safety features. For example, the play surfaces within the splash pad should have no more than eight percent slope. Additionally, materials used in the splash pad should be non-slip in order to try and prevent falls while children are playing. These playgrounds should also be designed to avoid stagnant water or retain water deeper than 15 centimeters.

The design should also include backflow prevention and appropriate grating in order to avoid pool like suction in the drains. Additionally, the equipment should be designed in a way where it can be maintained and sanitized regularly.

By properly designing and maintaining splash pads, they can be a fun recreational activity for families in Illinois. However, such activities can also lead to dangerous injuries for individuals. When this occurs, people should understand their legal rights. When recreational activities result in injuries, a lawsuit may be appropriate. Individual should consider speaking with a Chicago personal injury attorney for more specific legal advice.

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Nursing homes can be held accountable when people suffer

Thu, 23 Jun 2016 13:42:00 GMT

Older people can be extremely vulnerable. Their health may keep them from doing all the things they love to do. It can also keep them from the people they love. Even though families may want to care for their elderly family members, their family member’s health may require more significant healthcare interventions.

In these cases, many families rely on skilled professionals to take care of their loved ones. Often, nursing homes are called to take care of the day-to-day and medical needs of their residents. Families trust that their loved ones are receiving the very best care in these situations.

Unfortunately, this is not always the case. Nursing home residents often find themselves in dangerous situations where they are not being properly taken care of. They may face physical obstacles that can cause injuries. For example, poor lighting, wet floors or poorly maintained buildings can all create hazards.

Hazards can also come from nursing home staff and other residents as well. There is the risk of nursing home neglect, physical abuse, sexual abuse and more. This can all be seriously dangerous to a resident’s physical, mental and emotional health. In some cases, nursing home abuse may even be deadly.

Families need to know how to respond when nursing home abuse affects their loved ones. Our law firm has experience holding nursing homes responsible for injuries to residents. We understand the laws and how to make them work to protect the elderly. For more information about our law firm and Chicago nursing home neglect , please see our website.

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What causes falls in nursing homes?

Thu, 16 Jun 2016 13:42:00 GMT

Nursing homes are supposed to be trusted places that take care of elderly people who have difficulty caring for themselves. Families across Illinois depend on nursing homes to take care of their residents with the utmost care. Often, these families have no choice but to place trust in these facilities as their loved-ones age.

But, nursing homes are not always good. Many fail to uphold their duty to residents and people are injured. On multiple occasions, this blog has discussed the many dangers of nursing homes, including the dangers of falls. As previously discussed, falls in nursing homes can lead to a variety of serious injuries and even death. But, what causes these falls?

According to the Centers for Disease Control and Prevention (CDC) , there are many reasons that falls occur in nursing homes across the United States. In some cases, for example, these falls are cause by muscle weakness experienced by residents. This can occur naturally as people age or may be the result of a medication that an elderly person is taking. The risk of falls is especially high for the first few days after starting or changing a new medication.

Falls are also often caused by environmental hazards within the nursing home. These include wet floors, wheelchair issues, improper bed height and lighting issues. The CDC says these issues contribute to between 16 and 27 percent of nursing home falls.

Other issues, including improper shoes and walking implements can also cause serious falls. Such incidents can also occur if residents have a difficult time walking from place to place.

Falls are not the only sign of nursing home abuse . If negligence contributed to a nursing home accident, then the nursing home may be accountable for the injuries. An attorney may be able to give specific legal advice to those whose family members have been injured by nursing home negligence.

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Preventing falls in nursing homes

Thu, 09 Jun 2016 04:59:00 GMT

Many Americans are getting older and facing serious health problems. However, many families are not equipped to deal with serious medical issues. Therefore, they rely on nursing homes to take care of their elderly family members. Nursing homes are supposed to provide a safe place for elderly people to live and to receive the medical care that they need.

However, nursing homes often fail to live up to these expectations. Many people are injured in nursing homes for a variety of different reasons. One problem that nursing homes experience are falls. Falls account for 20 percent of deaths that occur in nursing homes each year, according to the Centers for Disease Control and Prevention. A nursing home with 100 beds can expect to report between 100 and 200 falls in their facility each year. This is despite the fact that many falls will go unreported.

The statistic show how important fall prevention in nursing homes is to residents and their families. Many steps can be taken in order to prevent falls in these facilities. The CDC claims that physical restrains often fail to prevent falls. Limiting patients’ freedom of movement can weaken their muscles and can lead to more accidents. Instead, the staff should work at making the environment easier for residents to move around in. They should also assess each individual’s medications to determine if they increase the risk of falls to that individual.

Other changes in the environment, like grab bars, can help to prevent falls in a nursing home. Raising the toilet seats, lowering bed heights and installing handrails can all be important preventative fall measures.

Even with preventative measures in place, falls can still occur at nursing homes. If a fall is the result of someone’s negligent conduct, family members may have legal recourse. Nursing home abuse is an unfortunate reality for many people in nursing homes. If nursing home negligence or abuse leads to injuries, families may have the right to compensation. An Illinois elder abuse attorney can help to explain these rights further.

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Let us help you with litigation based on your personal injuries

Fri, 03 Jun 2016 06:07:00 GMT

Memorial Day has come and gone and now Chicago residents are fully into the starts of their summers. As children finish their school years and parents plan vacations for their families, many individuals will be enjoying recreational activities to fill the warm hours of their days. With Lake Michigan right in many individuals’ backyards, water activities, such as boating and jet skiing, are often popular with people who wish to cool off from the season’s heat.

Unfortunately, summer is also a time when water-based accidents frequently occur. Boat collisions, jet-ski accidents and other hazards result when individuals take to the water without preparing themselves to safely engage in their chosen activities. When individuals take to the water and engage in negligent or reckless conduct, innocent individuals can suffer damages and harm.

The Healy Scanlon Law Firm represents individuals who have suffered personal injuries as a result of recreational accidents. Injuries from water-based recreational accidents can include but are not limited to head injuries, back injuries, broken bones and even death. Water-based accidents can be especially dangerous when injured victims fall into the water: drowning is a very real threat for those who are unable to pull themselves out of the water and to safety.

It is important for individuals who have suffered injuries from water-based recreational accidents to know that all cases based on these types of scenarios are different. The results of one case cannot provide a guarantee that another similar case with yield a similar result; the attorneys of the Healy Scanlon Law Firm can help injured parties work through the facts of their cases to determine how best to approach their possible legal claims. To learn more about the firm’s practice, please visit the Healy Scanlon Law Firm online at its website on personal injuries .

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Illinois family files wrongful death suit against nursing home

Wed, 01 Jun 2016 04:59:00 GMT

Many people in Illinois are reaching retirement age and beyond. As baby boomers reach their golden years, many are finding it more difficult to take care of themselves. Therefore, because their care starts to shift to their children and grandchildren. In many cases, family members are not equipped to take proper care of aging family members. In these cases, people rely on nursing homes to take proper care of their loved ones.

While in an Illinois nursing home, family members expect that their loved one will be well taken care of. They expect that their family member will receive the day-to-day care that the person needs. In addition, people also expect that the nursing home will take care of their family member’s complicated medical needs. Often, it is both the medical needs and the day-to-day care that overwhelm a family.

However, relying on a nursing home does not always produce the best results. Sometimes, this trust is misplaced and nursing homes do more harm than good. This, was recently the case according to one Illinois family.

This family has recently filed a wrongful death suit against a nursing home in Illinois. They claim that the nursing home failed to recognize the medical needs of their loved one. As a result, the family claims that their loved one suffered a series of falls over the course of six months. The patient’s medical state was not properly diagnosed or treated by the nursing home. As a result, the family claims that the person died because of injuries suffered in a fall at the nursing home facility.

The family is suing to recover damages related to the person’s death. In a wrongful death action, like this one, families can seek compensation from negligent nursing home facilities. These families deserve to seek compensation for nursing home negligence. Families in the situation should understand their legal rights and how Illinois elder abuse laws protect them.

Source: Cook County Record, “ Family blames nursing home, staff for relative’s death ,” Louie Torres, May 18, 2016

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What are the types of defects in a product liability case?

Tue, 31 May 2016 05:38:00 GMT

Most people understand the feeling of disappointment that can accompany a bad purchase. People may feel regret or anger when they buy something that doesn’t work right, breaks easily or is poorly made. People may feel as if their hard earned money has gone down the drain.

Product defects go beyond these simple inconveniences and disappointments. Products that have been dangerously made can lead to serious injuries to consumers using the products. These types of product defects can lead to product liability suits.

There are three main types of product defects that can result in a lawsuit. First, there are manufacturing defects. These are defects that occur during the manufacturing process that are not supposed to be present in the products.

The next type of defect is a defect in marketing. These are defects in the product’s label, or marketing that do not properly warn consumers about the product. This could include missing or incomplete warnings, instructions or labeling.

Finally, there are design defects. These are defects that are inherently present in the product’s design. So, even when the product is made correctly the defect is still present and can cause injuries.

When a product has one of these defects and injuries occur, the company that made the product may be held liable under product liability laws. Injured people may be able to recover compensation for medical expenses, lost wages and more related to the injuries caused by the defective product . A Chicago product liability attorney can give specific legal advice to people who have been injured by product defects.

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Understand your rights when hurt at work

Fri, 13 May 2016 08:38:00 GMT

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MRSA in healthcare settings

Thu, 05 May 2016 12:44:00 GMT

People in Illinois trust their doctors and other medical professionals to keep them well in the hospital. People are generally in the hospital but to be treated for serious medical conditions. They expect the condition to get better not worse. However, doctors are human. They make mistakes just like everybody else. Except, their mistakes can have deadly outcomes.

There are many ways that doctors can put their patients’ lives in danger while in a hospital setting. One such way is through the spread of Methicillin-resistant Staphylococcus aureus — a deadly staph bacterial infection.

MRSA is commonly found in hospital settings. It is spread when contaminated individuals infect others in the hospital. For example, a doctor with contaminated hands can check the wound of a patient and infect that person.

When people contract MRSA they can suffer from a variety of serious complications. These include surgical site infections, wound infections, pneumonia and bloodstream infections. These infections can be deadly in certain circumstances. It is also very difficult to treat these infections since MRSA is resistant to antibiotics.

MRSA has been on the decline in recent years according to some studies published by the Centers for Disease Control and Prevention . According to one study the number of deaths from MRSA declined by 9,000 between 2005 and 2011. However, it is still a challenge and risk for patients in hospital settings.

When medical professionals cause a serious infection, like MRSA, patients and their family should know their legal rights. If someone is killed because of medical negligence, a wrongful death suit because of the medical malpractice may be warranted. Medical malpractice cases should be taken seriously and surviving family members should understand that they may have the right to compensation. An Illinois personal injury attorney can help to explain these rights further when people have lost a loved one.

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How do workers stay safe in confined spaces?

Thu, 28 Apr 2016 08:38:00 GMT

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Agency fines company after work-related death

Thu, 21 Apr 2016 08:38:00 GMT

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Nursing home deaths often kept secret

Thu, 14 Apr 2016 04:59:00 GMT

As people in Illinois age, it can be difficult for them to meet their day-to-day needs. While some people can rely on family members to fulfill these needs, others need to rely on the help of skilled nursing facilities. When people place a loved one in a nursing home, they expect that the facility will use the upmost care to take care of their loved one. However, this is not always the case. Individuals can suffer a variety of abuse while in a nursing home.

While this abuse can be physical in nature, it can also be emotional. According to some , one form of emotional abuse that can occur in the nursing home is the failure to inform patients when a friend has passed away. Sources claim that when some nursing home residents pass away, the facility fails to tell people what happened. Therefore, other residents are left wondering what happened to their roommate, acquaintance or friend. If people ask about their loved one, they are told that it is private information.

In some cases, people may never really know what happened to their friends. This can cause great stress among the residents. Not only are they worried about their friends and grieving alone, they also worry about what will happen once they pass away themselves. Nursing home facilities can help to avoid these emotional issues by being more upfront with residents when individuals pass away.

There are variety of harms that nursing home residents may face on a day-to-day basis. No one should have to put up with Chicago nursing home neglect or abuse. When this abuse occurs and results in a nursing home resident’s death, the family should understand that they have legal rights. A wrongful death lawsuit can help to compensate the family for their loss and for the negligence of the nursing home facility. For more information about wrongful death and nursing home abuse, individuals in Illinois should speak with an attorney.

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Recreational swimming accidents in Chicago should be prevented

Thu, 07 Apr 2016 06:07:00 GMT

When people in Illinois think about the summer, they likely think about the variety of recreational activities they have involving water. Illinois can get quite hot, and seeking respite in a swimming pool can be a welcomed change for residents. However, as summer approaches, people throughout Illinois should understand the risks of recreational water accidents. In particular, swimming pool accidents can lead to serious injuries — including brain injuries — and fatalities.

Recreational accidents can happen for a variety of reasons. People in Illinois should understand when these types of accidents can occur, and whether or not they should have been prevented. In particular, when it comes to swimming pools, accidents should be fully investigated. If the accident was result of the negligence of the property owner, injured people may have legal options.

Negligence can include failing to properly secure the pool with proper barriers, fences or alarms. Negligence can also include failing to maintain the pool in a safe manner. This includes regularly checking chemical levels to prevent the spread of illnesses. It also includes failing to maintain the pool’s equipment.

No one expects to be hurt doing something that they love. However, when these dangerous accidents occur our law firm can step in to determine if anyone was at fault in the accident. Our attorneys can investigate the accident and try to determine its cause. If the accident was caused by someone’s negligence, our attorneys can take appropriate legal action.

By pursuing a personal injury suit, victims of recreational accidents can seek compensation for their injuries. This compensation might include recovery for medical expenses, lost wages and other damages that were caused by the accident. For more information about recreational activities injuries and swimming pool accidents in Chicago, please see our webpage.

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What are recreational water illnesses?

Thu, 31 Mar 2016 06:07:00 GMT

People expect recreation activities in Illinois to be fun, exciting and engaging. However, very few people engage in recreational activities expecting to suffer from serious injuries — especially not fatal injuries. However, individuals should know that there are risks to even seemingly benign recreational activities. These risks are increased when property owners and other caretakers fail to follow basic safety steps to keep Illinois residents safe.

As many Illinois residents know, recreational swimming can be a fun and exciting activity for individuals throughout the state. People of all ages enjoy going into the water and having fun. However, there is some risk to recreational water usage. Specifically, there is the risk of a relational water illnesses.

Recreational water illnesses occur when people swallow or inhale germs spread through infected water. This water can be from hot tubs, water play areas, interactive fountains, swimming pools or natural water sources. Or, these serious illnesses can be caused by chemicals in the water that evaporate and cause poor air-quality conditions.

In these cases, people can suffer from a variety of serious consequences. These include neurological and wound infections, gastrointestinal issues, skin, ear, respiratory and eye issues.

Any infection has the potential to lead to serious injuries in Illinois and even death. When recreational activities lead to a wrongful death, families of victims need to understand how to react. These families may have legal rights if negligent parties are responsible for the injuries or accidents. These legal rights can include the right to compensation for their losses. An attorney can give these families specific legal advice on how to move forward in their cases.

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Birth control device sparks medical products liability lawsuit

Wed, 23 Mar 2016 05:38:00 GMT

Women in Illinois and across the country who use implantable birth control products are putting a significant amount of trust in the manufacturer that these items will be safe for use. Given the intimate nature of these devices, any danger should be clearly elucidated to those who are considering the implant or are already using it. Those who are put at risk for damage in the long or short-term or have already been harmed need to understand their rights to be compensated with a Chicago products liability lawsuit.

Bayer is being sued by 32 women because the company failed to provide an adequate warning about the potential of severe health issues that could be linked to Essure, a non-surgical birth control implant. This device is comprised of polyester fibers and nickel-titanium. The Food and Drug Administration approved it in 2002. The way it works is the insert is put into the woman’s fallopian tubes — one in each. After three months have passed, there will be scar tissue that will stop a woman from becoming pregnant.

The company did not disclose that the implant has been linked to bleeding, memory problems and loss of hair. The FDA heard testimony from numerous women who spoke of their experiences with this device. A legal filing was made on behalf of these 32 women. They allege that Bayer was aware of the dangers and failed to notify the public. According to Bayer, three-quarters of a million women have used this product. Bayer asserts that the dangers involved with Essure are low.

Consumer safety should be one of the prevailing factors that a company thinks about when it formulates a product. Unfortunately, there are times when the company is either unaware that their product was dangerous or they chose not to inform the public of the risks because they did not want to interfere with their bottom line and profits. When there is a fear that a product has caused damage or might cause damage in the future, it is important to consider a medical products liability lawsuit as soon as possible.

Source: ksdk.com, “ Dozens of women file suit over Essure health risks ,” Jennifer Meckles, March 18, 2016

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Understanding safety procedures and dangers of a trench collapse

Fri, 18 Mar 2016 09:05:00 GMT

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Lawsuit claims Illinois woman was given fatal dose of morphine

Thu, 17 Mar 2016 12:43:00 GMT

Last week this blog discussed the types of nursing home abuse residents in Illinois could be wrongfully subjected to, leading to injuries or even fatalities. The issue of nursing home negligence should not be swept under the rug. Instead, families of victims of nursing home abuse should explore whether they can take any legal action against the negligent workers or facilities that were tasked with caring for their loved ones, and that failed to meet their duty of care.

The family of one woman has filed a lawsuit against an assisted facility in South Holland, after the 98-year-old woman was reportedly given a fatal dose of morphine. The woman’s daughter, who had three decades of experience as a nurse, suspected her mother was not receiving proper care, and wanted to remove her from the facility. However, according to the lawsuit, a few days before this was to happen her mother was given a dose of morphine by an overnight nurse without being prescribed it. Moreover, the lawsuit maintains that when the morphine was administered, the woman did not claim to be in any physical pain. Subsequently, the woman was unable to breathe properly, and passed away two days later. Over $50,000 in damages along with legal costs are being sought.

Tragic cases such as this remind residents of Chicago that no one may be safe from the negligent actions of another. Nursing home residents, who may be in poor mental or physical health, may be especially vulnerable. Nursing home staff are held to a certain standard of care. If they fail to meet it, they should be held accountable.

When you are grieving the loss of a loved one due to nursing home negligence, it may be hard to see the forest for the trees. Getting by day-to-day can be an emotional struggle and at times may seem impossible. However, don’t let this prevent you from exploring whether it is possible to hold the negligent parties accountable. An Illinois elder abuse attorney may be able to educate you further about your options in such situations.

Source: Chicago Tribune, “ Family sues over South Holland woman’s medical care ,” Nick Sedberg, Feb. 26, 2016

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Nursing home abuse in Chicago should never be tolerated

Fri, 04 Mar 2016 04:59:00 GMT

The decision to place a loved one in a nursing home often comes during what is a very emotional time. It is often times not a decision made lightly, and those in Chicago who are facing such situations naturally want to see that their loved one receives the highest quality of care. Unfortunately, unscrupulous practices on the part of some nursing home staff can be considered abusive.

What are some forms of nursing home abuse ? One type of abuse that may be most apparent is physical abuse. This includes not only striking a nursing home resident, but also giving the resident the wrong medication or improperly retraining the resident.

Sexual abuse also sometimes occurs in a nursing home setting. For example, nonconsensual physical contact, forced viewing of pornographic materials or sexual acts or forcing a resident to undress can be considered forms of sexual abuse.

Then there is verbal abuse and mental abuse. Verbal abuse includes intimidating, ridiculing or embarrassing a resident. Mental abuse includes isolating residents, ignoring residents or issuing nonverbal threats.

Naturally, the mere thought of nursing home abuse is upsetting, so if a Chicago resident believes his or her loved one is being abused, they may want to take legal action. First and foremost, if a resident of Chicago believes his or her loved one is the victim of nursing home abuse, he or she should report the incident to the nursing home facility administrator, who is obligated by law to perform an investigation into the incident. It may also help during times like these to retain legal counsel. Attorneys, such as those at Healy Scanlon Law Firm, can explain the legal obligations of nursing homes in Chicago and can also educate clients on the rights of nursing home residents. Nursing home abuse of any type should never be tolerated, so it is good to know that help is available in such situations.

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Consumer safety: One fatality linked to contaminated salad

Thu, 18 Feb 2016 05:38:00 GMT

When we buy fresh produce, particularly produce that has been pre-packaged, we expect it to be clean and safe for consumption. Unfortunately, produce can be contaminated in a way that can make consumers in Chicago very, very sick.

One person has died and at least 12 have been made ill after consuming bagged salad manufactured by a Dole facility in another state. The salad was reportedly contaminated with listeria. People reported becoming sick back in July 2015. While the 12 cases reported resulted in individuals having to be hospitalized with what were confirmed to be genetically related germs, it is possible that many more people were also made ill due to the salad. An investigation commenced last September, and in January 2016 it was discovered that the listeria could be traced back to the bagged salad.

According to the Centers for Disease Control and Prevention, consumers should not eat salad from that facility. The CDC reports that as of January 21 of this year, Dole had ceased all production at that facility and has taken all the salad at issue off the market. The salad appears in markets under various brand names. According to the CDC, as many as 1,600 individuals are hospitalized with listeria annually and as many as 260 will die. Those with weakened immune systems are at the most risk.

Listeria is just one of many types of bacteria food can be contaminated with. While some people with food poisoning will just spend a miserable few days in bed, others will require hospitalization and some will even die. Consumer safety is an issue that all manufacturers must take very seriously. When a fatality occurs due to contaminated food, it is important to locate the source of the contamination as soon as possible to keep others from becoming ill. That way, the effects of the contamination can be controlled as much as possible and manufacturers of contaminated food products can be held accountable.

Source: NBC News, “ Dole Salad Recalled After Listeria Kills 1, Sickens 12 ,” Maggie Fox, Jan. 22, 2016

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Working with asbestos in Chicago can lead to fatal illnesses

Tue, 16 Feb 2016 09:05:00 GMT

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Can manufacturers be held liable for auto defects?

Fri, 12 Feb 2016 05:38:00 GMT

Although sometimes a car accident is caused by a negligent driver, in some cases it is a defect in the car itself that leads to an accident. Faulty brakes, airbag malfunctions and engine fires can all lead to devastating accidents that injure or kill the individual operating the vehicle. Although sometimes dangerous and defective automotive products are recalled, this does not always prevent accidents from happening. When an accident is caused by a defective automobile, residents of Chicago may want to take legal action.

In certain cases, a person pursuing legal action after an accident caused by an auto defect may be able to do so not merely on the grounds of negligence but through strict liability. This means the individual bringing the suit need not show the automobile manufacturer was careless. However, to satisfy the doctrine of strict liability, three elements must be met.

First of all, it must be shown that the allegedly defective part was unreasonably dangerous. The defect at issue must have originated in the way the automobile was designed, manufactured or delivered. In some cases, a failure to warn could also lead to a defect being unreasonably dangerous. Second, the victim must have been injured due to the defect at issue when operating the automobile in the manner it was meant to be used. Finally, the victim must not have substantially changed the automobile at issue, meaning altering the automobile in a manner that alters its performance.

Strict liability is just one doctrine a products liability suit can be brought under. Of course, the information in this post is for general purposes only. A Chicago products liability attorney can be consulted to determine on what grounds the victim of a defective automobile can bring a lawsuit.

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Preventing falls on Chicago construction sites

Fri, 05 Feb 2016 09:05:00 GMT

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Medical negligence is a serious issue in Cook County

Thu, 28 Jan 2016 12:50:00 GMT

Last week this blog discussed the sad case of a Cook County woman whose husband allegedly lost his life after suffering skin wounds while under the care of medical professionals. Unfortunately, situations like this are not rare. In fact, a 1999 study by the Institute of Medicine reported that annually, anywhere between 44,000 individuals to 98,000 individuals lost their lives while in the care of medical facilities due to medical mistakes that could have been prevented.

There are many different types of medical mistakes that an individual in Chicago could be the victim of. For example, a delay in diagnosis, failure to diagnose or misdiagnosis could all lead to a worsened condition, resulting in an individual’s death. Also, when it comes to surgery, an individual could lose the person’s life due to otherwise preventable surgical errors or anesthesia errors. In addition, prescription drug errors can also prove to be deadly.

The families of those who lost their lives due to these or any other medical errors may not know what their options for recovery are. In these circumstances, the advice of a medical malpractice attorney can be invaluable.

For example, the legal team at Healy Scanlon Law Firm is ready and able to serve residents of Cook County who have lost a loved one due to medical negligence. They are able to analyze the facts of their client’s cases and explain how the laws in Illinois apply to those facts. Whether it is through examining their client’s medical records, the credentials of the medical professionals at issue or the protocols followed by the medical facility that cared for the patient, it is important that each individual’s case is thoroughly assessed, so that an appropriate result is reached.

Medical malpractice in Illinois is an all-too common issue. However, Illinois personal injury attorneys are available to advise their clients who have suffered from medical negligence.

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Cook County woman files suit after husband develops skin wounds

Wed, 20 Jan 2016 12:50:00 GMT

When a loved one needs medical care, it is important that their specific health conditions are carefully taken into account. Improper or negligent care may not only lead to a worsened condition — in some cases it can be deadly.

A woman from Cook County, Illinois, has filed a medical malpractice lawsuit against a Chicago medical facility and a physician, saying that these entities failed to prevent her husband from incurring skin wounds while he was under their care. The woman’s husband was under the professional care of the physician and medical facility’s care from November 2013 to February 2014. He developed a particular type of ulcer over a substantial amount of his body. According to the woman, these ailments were directly caused by the defendant’s negligence in providing care by staff that were adequately trained. The woman’s husband passed away soon after.

This lawsuit serves as a grim reminder that although an individual enters the hospital expecting to receive optimal care, the reality can fall far short. Time pressures, inadequate training and other forms of negligence can all lead to improper care that further injures an individual or can even lead to that individual’s death.

When this happens, the deceased’s loved ones may want to consider their financial options. After all, they may be facing a mountain of medical costs relating to their loved one’s death. Pursuing a wrongful death suit may be one option to look into. Through a wrongful death suit, individuals can seek the financial resources they need to cover their expenses during a difficult time. A Chicago medical malpractice attorney may be able to explain more about wrongful death suits in Illinois.

Source: CookCountyRecord.com, “ Wife blames Roseland Community Hospital for husband’s worsening wounds ,” Robert Hadley, Jan. 11, 2016

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Safety related defects and auto recalls in Chicago

Wed, 13 Jan 2016 05:37:00 GMT

Read the news these days, and it may not be unusual to hear of yet another auto recall. In fact, since 1966 approximately three million motor vehicles have been recalled. Other auto-related recalls include those of tires as well as other pieces of equipment. Recalls take place in order to fix safety defects. Unfortunately, auto recalls may come too late for many consumers in Chicago who have already been injured by a defective motor vehicle.

The National Highway Traffic Safety Administration is the agency that makes the rules regarding motor vehicle safety and that has the ability to require a recall if these rules are violated by an automobile manufacturer. This authority comes from the National Traffic and Motor Vehicle Safety Act of 1966. In general, safety-related defects occur in automobiles or specific pieces of equipment that pose a safety danger and that are present in a group of automobiles that are of the same manufacture or design.

There are many different types of safety defects that could exist in a group of motor vehicles. For example, a defect in a vehicle’s steering system could cause the driver to lose control of the vehicle, leading to an accident. In addition, defects in accelerator controls could also affect a motorist’s ability to control the vehicle. Sometimes it is a wheel that is defective, particularly if they become cracked or broken. Other types of defects include windshield wipers that do not work properly and seats that fall back. Defects in a vehicle’s wiring system could lead to a fire. In addition, air bags that improperly deploy can also pose a safety risk.

As this shows, there is a wide variety of components in an automobile that could be defective. Recalls are very important in keeping motorists safe from defective vehicles. However, sometimes an individual will be injured in an accident involving a defective vehicle before the vehicle is recalled. When this happens it may be advisable to speak with a Chicago products liability attorney who can educate consumers further on their legal options.

Source: FindLaw, “ Auto Recalls: The Basics ,” Accessed Jan. 11, 2016

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The impact elder abuse has on nursing home residents

Fri, 08 Jan 2016 04:59:00 GMT

Some residents in Illinois have to make challenging decisions regarding their aging loved ones. In some cases, an assisted living facility might be the best option for the health and safety for an elderly family member. While there are many safe and adequate nursing homes in the Chicago area, it is important to realize the signs of elder abuse and how this could greatly impact the health and even life of the abused or neglected loved one.

Elder abuse is considered the intentional actions by a caregiver that causes harm or the serious risk of harm to a vulnerable elderly person regardless if this harm is intended or not. Such actions include physical and financial abuse, mistreatment and the failure to provide care that satisfies the basic needs or protect the elderly person.

Based on a study by the National Center on Elder Abuse, about 7.6 to 10 percent of study participants experienced elder abuse. Additionally, this study found that only 1 in every 14 elderly abuse cases gets attention from the authorities. Recent research also found that of all the complaints filed regarding nursing home facilities, 7 percent were complaints of abuse, neglect or exploitation.

When an elderly loved one is a victim of elder abuse of nursing home neglect, he or she could be greatly impacted. Even those who experience modest abuse have a 300 percent higher risk of death when compared to elderly individuals who have not been abused. Being a victim of elder abuse results in high levels of psychological distress and other health car problems such as joint problems, depression, anxiety, chronic pain, heart problems and high blood pressure.

If an elderly loved ones was a victim of nursing home abuse or neglect and died as a result, loved ones have some recourses available to them. A nursing home death can be a difficult event to cope with, but loved ones can take the steps to investigate the matter. This could determine the cause of death and the role a nursing home facility might have had in the death. A wrongful death suit could help loved ones recover compensation for the loss of an elderly loved one.

Source: Ncea.aoa.gov, “Statistics/Data,” accessed Jan. 6, 2016

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Consumer safety alert: defective bean bag chairs cause two deaths

Wed, 30 Dec 2015 05:37:00 GMT

When one thinks of a defective children’s product, they may think of cribs with drop-down railings or small toys that are choking hazards. Yet there are many every-day products that can pose a significant hazard to children in Chicago and nationwide, particularly when they are defective. It is important that these defective products are taken off of store shelves as soon as possible. Unfortunately, as one recent recall shows, simply issuing a recall doesn’t mean that an unsafe product will stay out of the hands of children.

Recently, the U.S. Consumer Product Safety Commission , alongside the company Ace Bayou have reissued a second recall of over two million bean bag chairs. Two children lost their lives after unzipping the chair, crawling inside and then suffocating on the foam pellets inside. One victim was a 13-year-old boy, and the other was a three-year-old girl. A six-year-old boy also reportedly opened the bag and got some foam pellets in his nose and mouth, but he survived.

The chairs have both an outer zipper that is lacking a pull tab, and an inner zipper. A repair kit is being offered at no cost that would make it so that the zipper cannot be used. As of right now, only about 790 consumers have received the repair kit. The bean bag chairs at issue were offered for sale from 1995 to 2013.

No parent deserves to lose a child to a defective product. Unfortunately, as was the case here, initial recalls are not always effective. When such deaths occur, it is important for parents to remember that they may have legal options for recovery. A Chicago products liability attorney may be able to educate consumers as to their rights when there is a death due to a defective product.

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What other jobs could result in Chicago work-related deaths?

Thu, 24 Dec 2015 09:05:00 GMT

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Inherently dangerous jobs can cause Chicago work-related deaths

Thu, 17 Dec 2015 09:05:00 GMT

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What are some signs of elder abuse in Chicago?

Wed, 09 Dec 2015 04:59:00 GMT

As our loved ones age, we need to make sure their health and well-being are taken care of. For some residents of Chicago, this means placing their loved one in a nursing home so that their loved one’s medical and self-care needs are met. While this may not be an easy decision to make, for many it is the best way to ensure their elderly loved one is properly cared for.

Unfortunately, nursing home abuse and even nursing home deaths occur with alarming regularity. It is important to be alert to the signs of abuse so you can protect your loved one.

What are some signs of elder abuse? First of all, be on the lookout for physical injuries. Bone fractures, cuts, burns and bruises could all indicate that physical abuse or mistreatment is occurring. Injuries to a resident’s breasts or genitals could indicate sexual abuse. And bedsores or a lack of hygiene could indicate that the resident is being neglected.

That being said, not all signs of abuse are physical. If a nursing home resident withdraws from his or her regular activities, is unusually depressed or is less alert than usual, this could be a sign of emotional abuse. In addition, certain negative behaviors on the part of nursing home staff, such as the use of threats or belittling residents could indicate emotional abuse.

Nursing home neglect and abuse should be addressed as soon as possible. In the worst of circumstances, abuse and neglect could ultimately lead to a nursing home death. When this happens, it is important for the victim’s loved ones to explore all their legal options, including the possibility of pursuing a lawsuit for wrongful death. An Illinois elder abuse attorney may be able to provide interested individuals with more information about nursing home negligence and wrongful death.

Source: Administration for Community Living, “What is Elder Abuse?,” Accessed Dec. 6, 2015

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Chicago products liability attorneys address auto defects

Wed, 02 Dec 2015 05:37:00 GMT

Recently this blog discussed the major recall of defective Takata airbags. Although airbags are meant to make vehicles safer, and indeed have saved many lives in Chicago and nationwide, if they rupture or improperly deploy, they can be very dangerous. Situations like this show that even though automobiles have more safety features now than in years past, defects can still occur that injure or kill consumers.

There are so many ways that a motor vehicle can be found defective. In addition to defective airbags, another safety feature that could be defective is seat belts, particularly those that de-latch during a collision. Other types of defects include car fires and defective tires. Defective gas tanks can cause a vehicle to catch on fire, which could prove deadly. In addition, there have been various recalls over the years of tires that were found to be defective, for example the year 2000 Bridgestone/Firestone tire recall.

In some ways, lawsuits can help make vehicles safer. For example, in response to rollover lawsuits, safety features for sports utility vehicles were developed, including stronger roofs and stability controls. Unfortunately, sometimes a vehicle safety feature or recall cannot prevent all deaths from occurring.

The Chicago attorneys at Healy Scanlon Law Firm have handled many defective vehicle lawsuits, and fight for their clients to achieve a fair result. For example, they were some of the first to take on SUV rollover lawsuits in the state with regards to the Bronco II SUV. They are experienced in addressing complex situations regarding their clients’ wrongful death cases. It is important for anyone who has lost a loved one due to dangerous and defective automotive products to consider their options and consult with a Chicago products liability attorney if necessary.

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Time limits for bringing a Chicago product liability claim

Sun, 29 Nov 2015 05:37:00 GMT

Imagine this: you are driving down the highway in Chicago when suddenly your brakes fail and you go smashing into the guardrail on the median of the road. Not only is your car totaled, but you suffered severe injuries including broken bones and a concussion. Your hospital stay lasted a week, and you couldn’t return to work for over two months. Not a pretty situation, right?

Now imagine that the devastating accident was due to a defect in your car’s braking system that the car’s manufacturer and designer knew were faulty, but did not take any corrective action. In this situation, and many like it, the victims of defective products may want to consult with a Chicago products liability attorney to learn if they are able to pursue a product liability lawsuit.

However, did you know that you have a limited amount of time in which to pursue a product liability lawsuit? This law is known as the “statute of limitations.” If this time period has passed, a person may no longer be able to file a product liability lawsuit. In addition, some states have laws that are known as “statutes of repose.” Under a statute of repose, a person is barred from filing a lawsuit if a certain amount of time has passed since a particular event has taken place.

What are the statute of limitations and statute of repose in Illinois when it comes to product liability lawsuits? In Illinois, a person has up to two years after the injury caused by the defective product occurred to bring a product liability lawsuit. In addition, there are two statutes of repose in Illinois. In one, once the product is sold, a product liability suit must be brought within 12 years. In the other, once the product that is the subject of the potential lawsuit is delivered to the initial owner, a 10 year statute of repose commences.

It is important that anyone interested in bringing a product liability lawsuit understands the applicable statute of limitations and statute of repose. Since this post is not a substitute for the advice of an attorney, individuals who want to learn more about the possibility of filing a product liability lawsuit in Illinois may want to seek legal advice.

Source: FindLaw, “ Time Limits for Filing Product Liability Cases: State-by-State ,” Accessed Nov. 15, 2015

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Dangerous and defective automotive products still cause problems

Fri, 27 Nov 2015 05:37:00 GMT

By now, many residents of Chicago may have heard of the recall of potentially deadly air bags manufactured by Takata Corp. In fact, it is reported that Takata knew since 2004 that the bags could potentially deploy with too much force, propelling shrapnel at the vehicle’s drivers and passengers. In fact, eight people have reportedly died due to this defect, and many more suffered injuries. The United States government has ordered 12 automakers to issue a replacement airbag for 19 million motor vehicles, making it the largest recall of its kind in the country.

Unfortunately, the recall may yet expand. In addition, the fix being offered to consumers at this point is considered an “interim” fix by the National Highway Traffic Safety Administration. In fact, some consumers report waiting for as many as four years for suitable replacement components. Takata and the agency came to a consent decree in the beginning of November, in which the company will phase out the use of ammonium nitrate in its air bags and will submit to a fine of up to $200 million.

Both Takata and manufacturers of automobiles that utilize Takata air bags are facing legal actions filed by injured consumers and the families of those who have died. In one suit, the plaintiff suffered injuries to her vocal chords and a severed trachea due to metal fragments that struck her when the airbag deployed in a crash. According to the plaintiff, the dealership she purchased the automobile from did not ascertain whether the vehicle was affected by the recall.

It remains to be seen what the outcomes of such lawsuits will be. However, no one’s life should be placed at risk due to dangerous and defective automotive products. With the help of a Chicago products liability attorney , those who have lost loved ones due to defective automobiles may want to research whether they have any legal remedies available to them, including the possibility of pursuing a wrongful death suit.

Source: Bloomberg Business, “ The Biggest U.S. Auto Recalls Can Be Really Big Messes ,” John Lippert, Nov. 20, 2015

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Work-related deaths are on the rise nationwide

Thu, 12 Nov 2015 09:05:00 GMT

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Fatal brain injuries could result from another’s negligence

Thu, 05 Nov 2015 06:17:00 GMT

While many recreational activities such as sporting activities, boating, skiing or riding an all-terrain vehicles are fun, disaster can strike when an accident occurs. One common injury suffered in such accidents is a traumatic brain injury. While a Chicago personal injury attorney can educate individuals in Illinois about the laws surrounding fatal brain injury cases, it is important to be able to recognize the symptoms of such injuries, so that prompt legal and medical help can be sought.

In general, traumatic brain injuries (TBI) occur when a person suffers an impact to his or her head or his or her head is shaken. This could be if something strikes a person’s head, if a person’s head strikes an object or if something breaks through a person’s skull. Such injuries affect the individual’s brain tissue by causing it to become bruised, torn or swollen. In the worst of circumstances, a TBI could be fatal.

What are some symptoms of a TBI? First of all, a person who suffers a TBI may be unable to think clearly and their memory may be faulty, particularly when presented with new information. Pain-wise, their head may hurt, they may have issues with their eyesight or they may feel dizzy. Mentally, they may experience anger, sadness or nervousness. In addition, they may find that they are very tired or just the opposite — that they do not need as much rest as usual.

When a person suffers a TBI, they could incur significant medical and rehabilitation expenses, especially if the injury was severe. Moreover, a person could pass away from a TBI, leaving their loved ones behind to deal with their grief and their financial losses. When fatal injuries are due to another person’s negligent actions, it is important for the families of TBI victims to seek the legal help they need to cope with the many financial damages they have suffered due to the injury that lead to their loved one’s death.

Source: WebMD, “ Traumatic Brain Injury – Topic Overview ,” Accessed Nov. 2, 2015

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Illinois family to file lawsuit in morphine overdose death

Thu, 29 Oct 2015 04:59:00 GMT

Making the decision to place a loved one in the care of a nursing home is not always easy, but oftentimes it is the only way to ensure that an aging loved one’s daily physical and medical needs are met. As one family from Illinois has found out, however, sometimes a loved one in a nursing home passes away not from natural causes, but due to the alleged actions of another.

An Illinois family is suing a nurse and nursing home in connection to the death of a 98-year-old woman. The woman was reportedly given a fatal amount of morphine by the nurse who, according to the lawsuit, was the sole nurse on duty at the time. The incident took place back in February. Six nursing home residents were hospitalized with having morphine in their bodies. The other five residents survived.

The nurse has claimed that she did not administer morphine to the victim. However, according to a deposition, the nurse did know where the morphine was kept and that she noticed it there. The lawsuit claims the nursing home was negligent because the nurse in question had only served nine shifts with this nursing home, had an expired nursing license and was not properly trained.

It remains to be seen what the result of this lawsuit will be. The nursing home and the victim’s family are cooperating with the authorities as they perform an investigation. However, it is an unfortunate fact that in some cases, negligent hiring or supervision in nursing homes can lead to a resident’s death. Nursing home residents are especially vulnerable, due to their age and often weakened physical and mental conditions. It is important that all nursing home staff members have the proper training and credentials to perform their job. If they do not, and a resident dies, it may lead to a wrongful death suit.

Source: CBS Chicago, “ Family Of Nursing Home Resident Who Died From Morphine Overdose To File Lawsuit ,” Dorothy Tucker, Oct. 6, 2015

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Chicago victims of medical malpractice may need legal help

Fri, 23 Oct 2015 12:48:00 GMT

The number of people affected by medical malpractice in Chicago and across the nation is staggering. In fact, in November 1999, the Institute of Medicine estimated that anywhere from between 44,000 to 98,000 individuals lost their lives annually due to otherwise preventable medical mistakes. In addition, many individuals will be injured due to medical errors that never should have happened.

What type of medical mistakes could a person suffer at the hands of a negligent physician or hospital? Some examples include the failure or delay in diagnosis, misdiagnosis, surgical errors, medication mistakes, birth injuries and incorrect use of medical equipment.

Those who are affected by medical malpractice understandably have many concerns and may be confused about their legal rights. This is when seeking the advice of a Chicago medical malpractice attorney can be of the utmost importance.

The professionals at Healy Scanlon Law Firm understand the challenges medical malpractice victims and their families face. They have successfully represented clients who have suffered injuries due to the negligent actions of physicians, nurses, pharmacists, prescription drug companies and other health care organizations.

Our attorneys are experienced in analyzing the credentials of medical professionals, the protocols of health care facilities and medical records in order to assess what the proper standard of care should have been and calculate the appropriate damages. To learn more, check out our law firm’s website for general legal information . This could help individuals better understand his or her situation so they can make a timely and informed decision.

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Testing of medical devices in Illinois may be insufficient

Fri, 16 Oct 2015 05:37:00 GMT

When medical devices do not perform as expected it can cause serious health issues in unsuspecting patients in Chicago, and in the worst of cases it could even lead to death. For example, in a recent Food and Drug Administration review and investigation of a contraceptive device known as Essure, thousands of patients have reported serious health issues related to the device, including pain, muscle fatigue and punctured fallopian tubes. These health effects have been reported as severe and debilitating.

Essure is only one example of a defective medical device that could have a severe effect on a patient’s health. The FDA has also reported that a particular heart device meant to stop patients from suffering a stroke actually caused some patients to endure blood loss and punctured patients’ hearts, which in some cases proved fatal. In addition, a medical device known as laproscopic power morcellator that was used in the treatment of fibroids located in a woman’s uterus in fact spread cancer.

According to one think tank, the standards currently in place for clinical trials on medical devices are insufficient. Although drugs must be submitted at least two double-blind and random tests before they can be placed on the market, this is not the case for medical devices, which only need to go through a less stringent clinical trial, some of which may be conducted by the manufacturer itself.

In fact, according to one study, between the years of 2005 through 2009, as many as 80 percent of recalled medical devices that posed a serious or life-threatening danger were not subject to a clinical trial at all prior to being made available to consumers. In addition, while one report indicates that recalls of medical devices during the years of 2002 to 2013 has increased two-fold, the approval process has not been made more stringent as a result, and some claim it is actually easier than ever to be granted approval.

These reports are indeed disturbing. Patients in Chicago should not have their health and lives put at risk by medical devices that are supposed to heal them. When a defective medical device leads to death, Chicagoans may find they have suffered a great loss, emotionally and financially. However, they may find that a consultation with a attorney regarding medical products liability is helpful.

Source: Pacific Standard, “ How Medical Device Companies Test Products Out on Patients – After They’re Released ,” Jenny J. Chen, Oct. 8, 2015

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Cook County residents may be interested in lung cancer study

Thu, 08 Oct 2015 12:49:00 GMT

When it comes to deadly diseases such as cancer, it is important for patients in Chicago to take action as quickly as possible, to prevent the spread of the disease and increase the patient’s chances for survival. The failure to do so could prove fatal. However, as one study revealed, lung cancer patients in the United States may not be receiving the optimal treatment.

According to researchers, lung cancer patients may experience a delay in treatment or vital steps in treatment may be missed, leading to the spread of the disease and reducing the chances that the patient will survive the illness. The research studied over 600 patients at two medical facilities. 92 percent of these patients had lung cancer, five percent had a tumor elsewhere and the remaining patients had lesions that were benign.

When it came to lung cancer, researchers determined that there were five steps that should be taken to address the disease. These steps included detecting the lesion, performing a biopsy, receiving radiation, invasive staging and finally treating the disease. The researchers found that 27 percent of the patients studied did not receive the proper preoperative diagnostic procedures. Moreover, over 20 percent of patients studied did not receive the proper imaging procedures in order to determine what stage the cancer was at. In addition, nearly 90 percent of patients studied did not receive an invasive staging test prior to an operation. It is important to note, however, that the study did not determine whether physician error was the reason why the gaps in treatment took place.

These statistics are incredibly troubling. After all, if the right steps are not taken to treat a cancer patient, it could lead to the patient’s death. If a physician negligently misses a crucial step in treatment, it could prove fatal to the patient. When such medical negligence results in the death of the patient, the family of the patient may want to consider whether pursuing a wrongful death suit is an option for them.

Source: Healio, “ Treatment delays, missed diagnostic testing common among patients with lung cancer ,” Farhood Farjah, MD, MPH, Aug. 12, 2015

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Asbestos exposure in Chicago can lead to mesothelioma

Fri, 02 Oct 2015 09:05:00 GMT

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Birth injuries in Chicago could result in a wrongful death suit

Fri, 25 Sep 2015 12:49:00 GMT

Many expectant parents in Chicago assume that childbirth is much safer now than it has been in years past. Unfortunately, this does not erase any possibility of mistakes. In fact, infants in Chicago do pass away due to injuries sustained during the childbirth process, injuries that in some cases can be directly attributed to physician negligence.

What are some examples of birth injuries that could result in death? One such injury is oxygen deprivation. This can be especially deadly if the infant has yet to leave the womb. It is important for physicians and medical staff to monitor the infant, to ensure the infant is receiving an adequate amount of oxygen. For example, the umbilical cord could become entangled around the neck of the infant, causing oxygen deprivation. In addition, issues with the mother’s placenta or the stress of the delivery process could also result in oxygen deprivation. Oxygen deprivation is a deadly scenario.

Also, it is important for the infant to receive an adequate amount of blood flow so that the infant’s organs, including the infant’s brain, function properly. If the infant’s blood flow is obstructed or cut off, these vital organs may cease working, leading to death. Again, proper management is essential; reduced blood flow could result from negligence on the part of the medical staff.

A problematic delivery could result in traumatic injuries that cause an infant’s death. While the use of a vacuum extractor or forceps is sometimes needed, it is possible to wield these instruments negligently, resulting in the infant’s death. Poor decision making in an emergency situation can also result in the infant’s death.

These are only some types of birth injuries that could result in the wrongful death of the infant–unfortunately there are many others. In the end, patients should be able to rely on medical staff to react appropriately to any type of situation. Sometimes proper monitoring is necessary, while other times decisive action needs to be taken. Nevertheless, otherwise preventable mistakes do occur. When they do and result in a fatality, the victim’s family needs to be aware that they may be able in some circumstances to seek compensation for the losses they suffered. A Chicago medical malpractice attorney may be a good source of information for birth injuries resulting in a wrongful death.

Source: Birth Injury Guide, “ Infant Wrongful Death ,” Accessed Sept. 20, 2015

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Tripped-Up: Wal-Mart Pays more than $7M to Construction Worker

Thu, 24 Sep 2015 12:42:00 GMT

Most of us have tripped and fallen in our lives. Thankfully, most of the time, the result is just a bruised ego — or perhaps a real bruise or two. However, a trip on a construction site can be catastrophic, as this union sprinkler fitter discovered while helping to build a Wal-Mart store . Although he is mostly confined to a wheelchair these days, the Healy Scanlon Law Firm was able to win 7,217,664.71 for him from Wal-Mart Stores, Inc.

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What are the ‘fatal four’ causes of construction worker deaths?

Fri, 18 Sep 2015 09:05:00 GMT

Chicago’s roads, bridges and buildings are all built and maintained by the hard work of construction workers. However, it may not come as a surprise that construction work can be dangerous. In fact, the U.S. Occupational Safety & Health Administration (OSHA) has identified what it calls the “fatal four” causes of construction worker fatalities.

In 2013, of the 4,101 worker deaths that year, just over 20 percent took place in the construction industry. OSHA has identified four main causes of fatal construction accidents. In fact, approximately 57 percent of construction worker fatalities fell under the umbrella of the “fatal four.”

The four main causes of construction worker fatalities include falls, being hit by an object, being electrocuted and being trapped between objects. 36.5 percent of construction worker fatalities were due to falls from heights. Just over 10 percent of construction worker fatalities were due to being hit by an object. 8.6 percent of construction worker fatalities were due to being electrocuted. Finally, 2.5 percent of construction worker fatalities were due to being trapped between objects.

It is estimated that preventing the “fatal four” construction accidents from occurring could save as many as 478 workers’ lives annually. Ultimately, it is up to employers to ensure that their worksites are safe and their workers have the proper protections needed to safely do their jobs. If a construction worker is killed due to an Illinois construction site injury , his or her loved ones may incur many financial losses related to funeral expenses, the loss of the income the worker provided and the loss of companionship. Therefore, they may want to determine what legal remedies they may have in such situations.

Source: osha.gov, “ Commonly Used Statistics ,” accessed Sept. 13, 2015

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New Illinois law aims to prevent nursing home abuse

Thu, 10 Sep 2015 04:59:00 GMT

When a family puts an aging loved one in a nursing home, they put their trust in the nursing home staff to provide the resident with the highest quality of life possible. Unfortunately, nursing home abuse and even nursing home deaths take place all too often. To counter this, the state of Illinois has enacted a new law that aims to prevent nursing home staff from neglecting or abusing residents.

The new law would outfit nursing home rooms with cameras. Per the law, the nursing home resident along with any person that resident shares a room with would have to agree to having cameras or audio recorders placed in their room. The nursing home resident or the resident’s family would be responsible for the costs of having the camera or audio recorder placed in the resident’s room. The law will take effect on January 1, 2016.

According to the Illinois Department of Health, in 2013 there were over 100 valid allegations of nursing home neglect or abuse. The department addresses thousands of complaints each year.

While this new law is a good step in the right direction for preventing nursing home abuse and neglect, nursing home deaths may still occur due to the negligent — or even intentional — actions of nursing home staff. When this happens, the family members of the deceased are left with a hole in their heart. In such situations, it may help families to consider pursuing a lawsuit against the nursing home to recover for the damages they suffered. This may help the family find some sense of closure that they need during the grieving process. An Illinois elder abuse attorney may be able to help families understand the laws behind nursing home neglect and abuse.

Source: Fox 2 Now, “ New law will allow cameras in Illinois nursing homes ,” Aug. 21, 2015

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Product liability and strict liability laws

Fri, 04 Sep 2015 05:44:00 GMT

Illinois law strictly dictates that all manufacturers of products and consumer goods are responsible for the products that they release to the market for purchase. Since product liability is based on the tort law principle of negligence, the manufacturer is only liable in the event that the victim can prove that the damage and injury caused to the consumer could have been foreseen by the manufacturer. One of the most important things that every manufacturer must be careful about is that their products should never be dangerous.

If it is possible to provide evidence that the products sold and manufactured by the defendants were dangerous, the court may hold the manufacturer liable for the product. There are some criteria under which strict product liability can be proved in court. The types of defects that can result in a dangerous product may include the following; manufacturing defects, design defects and providing inadequate warnings on the product.

A manufacturing defect is that defect that was made in the manufacturing process itself and can result in the product becoming unfit for consumption and use by any consumer.

There are two established tests in order to determine if there is a design defect under Restatement (Second) of Torts in Illinois. The first test is described in Section 402A, which is the test for “consumer expectation.” That states that the danger of the product is above what the product would be used for by any reasonable consumer. The second test is for “risk utility,” in which it is proved that the unreasonably dangerous product’s risks and dangers overshadow any of the benefits that the product can offer.

The principle regarding an inadequate warning on the product essentially relies on the principle that the lack of warning on the product makes it so unreasonably dangerous to the consumer that the injury was a direct result of no warning labels.

Consumers have a rightful expectation of safety when purchasing a product. When that trust is betrayed, a person may have reason to seek damages for injuries suffered. Seeking the assistance of an experienced attorney can help those in such situations properly navigate the possibly complicated path.

Source: Illinois Courts, “ Strict product liability ,” Accessed on Aug. 26, 2015

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Resolving Illinois residents’ boating accident claims

Thu, 27 Aug 2015 06:17:00 GMT

Water sports and recreational activities such as boating and fishing are popular hobbies among Illinois residents and even for tourists who come and visit each year. Boating, or any other recreational activity, where the people on the boat have to essentially depend completely on their boat operator and instructor can also prove to be inherently dangerous at times when the necessary precautions have not been taken.

Boating accidents can lead to major problems for families and tourists who hire boats from boating companies every year. Such boating accidents can even lead to serious injuries as well as fatalities. Thus, the state authorities employ various initiatives to raise public awareness about the perils of sea. There are even federal laws in place to promote safe boating for everyone.

Boating accident victims who suffer from serious injuries can often be left with lifelong impairments and disabilities. Thus, boating companies must follow all rules and guidelines especially when they take on paying customers who depend on them for their safety. Boating companies have also been sued by victims of boating accidents on the grounds that the boating company or their boat operator had been negligent.

Like in most negligence cases, boating accident cases also rely on tort law principles. Hence, the burden of proof in a boating accident case lies on the plaintiffs who have been injured or who have family members who have been injured. The attorneys at the Healy Scanlon Law Firm usually consult with expert witnesses in addition to conducting their own thorough investigation into the accident as well as the impugned negligence of the boating company and the operator in order to assign responsibility for the accident. This could be the firs step to take for a successful lawsuit. For more on boating accidents, visit our webpage .

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ADR to solve medical malpractice cases: Part II

Fri, 21 Aug 2015 12:49:00 GMT

In most cases related to medical malpractice, Illinois residents usually think of the traditional litigation approach. However, it has been found that traditional litigation procedures are not only more time-consuming but also can be more expensive than newer alternative methods. Since court costs are often a hurdle for families who have already incurred huge medical bills, such alternative dispute resolutions can be a more effective solution to get justice for the victims. One of the most common forms of alternative dispute resolution mechanisms is the process of mediation.

Mediation is a voluntary agreement by both parties and an alternative dispute resolution in medical malpractice disputes. Thus, the parties also resolve a right to opt out of the traditional process in cases where the traditional process may take longer or be more expensive in a medical malpractice case.

In a mediation process, a neutral third party acts as the mediator for the family of the victims of medical malpractice on one side and medical practitioners who have been accused of malpractice on the other side. The attorneys of both parties typically present their evidence as well as the arguments to prove their respective cases to the neutral mediator.

Mediation being an informal process to resolve the various disputes and issues in a medical malpractice case, the parties even come up with creative solutions for their problems that can lead to an amicable settlement of their dispute.

In many cases, Illinois residents who have opted for mediation to resolve medical negligence cases have not only got monetary compensation for the medical fees and the pain and suffering but have also gotten the medical facility to implement better accountability and safety measures to prevent future cases of malpractice and negligence.

Source: NCBI.NLM.NIH.gov, “ Medical malpractice reforms: the role of alternative dispute resolution ,” David H. Sohn and B. Sonnyny Bal, accessed on August 14, 2015

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ADR to solve medical malpractice cases: Part I

Sat, 15 Aug 2015 12:49:00 GMT

Victims of medical malpractice in Illinois not only suffer from serious injuries that can lead to lifelong disabilities, but often also suffer serious financial difficulties due to the exorbitant medical bills that are incurred. In some cases, although the patient has suffered from serious injuries due to the doctor’s negligence or has even died, the family may choose not to go through a lengthy legal procedure against the hospital and the doctor because they fear that they will not be able to emotionally or financially handle a lengthy court procedure. Research produced evidence that revealed that only 3 percent of injured patients actually sued for medical negligence.

An alternative dispute resolution mechanism, like arbitration or mediation, can be an option. Such alternative dispute resolution options are often preferred by medical institutions and the families of the victims who believe that the matter would have greater confidentiality and privacy during a difficult time.

It has been concluded by various studies that the average cost of medical malpractice lawsuits in total is approximately $122 billion annually. Many cases are dismissed out of court. Thus, a settlement through a mediator or an arbitrator is often more beneficial and is preferred by many people.

The people involved in an alternative dispute resolution mechanism have a greater ability to choose the way they wish their medical malpractice case to go. In most cases, the attorneys of either party negotiate with the parties depending on the merits and facts of the case. In a lot of cases, such negotiations have yielded a better result and settlement without going to court.

Source: NCBI.NLM.NIH.gov, “ Medical malpractice reforms: the role of alternative dispute resolution ,” David H. Sohn and B. Sonny Bal, Accessed Aug. 7, 2015

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Toddler drowns in swimming pool in Illinois

Wed, 05 Aug 2015 06:17:00 GMT

Illinois residents often look forward to spending time in swimming pools in order to have fun with their friends and families and to cool off during hot summer days. However, swimming pools can be very dangerous if swimming pool owners and public pool owners are not vigilant about the maintenance of the pools. Since a lot of children also use swimming pools, maintaining such pools has become especially important because they can be extremely dangerous for young children and toddlers.

A 1-year-old boy from Aurora died recently when he drowned in his own family’s swimming pool. The toddler’s 6-year-old sister allegedly found her brother floating in the family’s pool late in the evening. All efforts were made to revive the boy, but he unfortunately died. Every attempt by authorities, including the fire department and paramedics, could not save the child, even after administering CPR.

The police conducted a preliminary investigation that revealed that the toddler died due to the swimming pool accident . It was revealed that after the parents returned home with the toddler after a trip to the grocery store, the toddler, unnoticed by any family member, walked into the pool and drowned. Although the coroner’s autopsy is still underway, the death has been ruled an accident by police.

Not following safety precautions in the home, especially in dangerous areas like a swimming pool, can often attract various legal consequences. In cases where the person who has suffered a swimming pool accident can prove negligence on the part of the pool owner, the victim may be able to recover compensation.

Source: Patch.com, “ Aurora toddler drowns in pool ,” Scott Viau, July 25, 2015

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Medical benefits under workers’ compensation in Illinois

Thu, 23 Jul 2015 09:05:00 GMT

Many Illinois residents can suffer workplace injuries. These injuries can result in a lifelong impairment or disability and even Chicago work-related deaths . This time of year, when construction in the Chicago area is in full swing, there is a risk of fatal construction accidents, falls from heights, injuries due to dangerous tools and other related incidents.

Employers in the construction industry, as well as other fields, are urged by state authorities to take all necessary precautions and abide by the guidelines provided by the Occupational Safety and Health Administration in order to provide their workers with a safe working environment. Most employers subscribe to the workers’ compensation program, which is insurance in case a worker gets injured on the job.

In case a worker suffers from a work-related injury, then he or she may have a case for workers’ compensation. Illinois workers are not only entitled to medical attention including first-aid and other medical treatments, but employers are also required by law to provide any treatment and rehabilitation that the worker needs in order to recuperate from their injuries. In cases of workers who have died from their workplace injuries, death benefits are available to the worker’s family.

In cases where the worker is disabled due to a workplace injury, the worker’s entire lifestyle can change due to their impairments and disability. These injured workers and their loved ones often consult with professional attorneys in order to initiate a workers’ compensation lawsuit in order to seek remedy under the existing legal system.

As many Illinois residents know, medical treatments can be exorbitant. If an injured worker suffers from a disability which hinders his or her ability to seek gainful employment or even dies because of these injuries, the victim’s family can be under a lot of financial pressure to pay the medical bills and replace lost income. Therefore, initiating a workers’ compensation lawsuit may be able to significantly aid a grieving family.

Source: IWCC.IL.gov, “ Illinois workers’ compensation commission ,” Accessed on July 16, 2015

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University of Chicago hospital blamed for infant’s brain damage

Thu, 16 Jul 2015 12:49:00 GMT

Some of the most vulnerable victims of medical malpractice are newborn infants. Problems and medical complications related to childbirth and delivery often lead to lifelong issues that cause long-term medical issues for newborns. In some extreme cases, the infant might even die due to the negligent actions of the supervising doctor or medical practitioner.

In many cases, medical negligence might even lead to brain damage which causes cerebral palsy, if during delivery the infant suffers nerve damage or injury to the skull during a forceps delivery. In the wake of such tragedy, parents of the injured child often consult professional legal attorneys in order to initiate a lawsuit against the doctor and hospital for causing such irreparable harm to their infant.

A University of Chicago hospital is the recent recipient of such a lawsuit, with a mother suing the hospital and claiming medical malpractice by an attending doctor. Through the lawsuit, attorneys for the plaintiff cited that medically negligent treatment led to the baby contracting cerebral palsy assumedly while he was still a fetus. A Chicago medical malpractice attorney can help a parent or family of an injured newborn hold negligent doctors or hospitals accountable for birth injury.

The mother stated she had given a full and accurate medical history to the attending doctor, which revealed her past struggle with holding a pregnancy to full term. While pregnant with the baby boy, who now suffers from cerebral palsy, the mother stated she suffered from back pain and a few medical complications which were reported to the attending doctor.

The mother and her attorneys now claim that she should have been administered a certain hormone and the doctor should have performed a procedure on her cervix which both could have prevented the pre-term delivery of the child. The plaintiff in this case is seeking more than $50,000 in damages.

Source: Cook County Record, “ Mother sues U of Chicago hospital over baby son’s cerebral palsy ,” Dan Harkins, July 7, 2015

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How the Pool and Spa Safety Act helps Illinois residents

Thu, 09 Jul 2015 06:17:00 GMT

Public swimming pools throughout the state of Illinois provide a haven for residents to enjoy their leisure time in the water. To ensure the safety of residents who visit, public pools have the responsibility of maintaining a safe environment at their facilities on a daily basis under the Pool and Spa Safety Act. All swimming pools with public access, even swimming pools within residential complexes, are bound by the provisions of the Act.

The attorneys at Healy Scanlon Law Firm have observed several cases of pool injuries where the swimming pool was not up to code under the act. Our highly-experienced team has had success with many personal injury cases, with record-setting verdicts sometimes amounting to multi-million dollar settlements. These settlement amounts can aid a family tremendously in countering the varied costs of an accident.

Many of the victims of such swimming poll accidents are often minor children. In such cases, the courts look into the extent of possible poor maintenance, as well as the severity of the injury to determine the amount of compensation that the victim and their family may be entitled to. Examples of poor maintenance may include a failure to comply with mandated covered drains and anti-entrapment systems required by the Pool and Spa Safety Act.

Any patron of a poorly-maintained public pool can suffer from serious injuries, including slips and falls which may produce head injuries, neck injuries and devastating brain injuries. The Pool and Spa Safety Act was enacted in order to protect the interests of Illinois residents as well as others in the United States. Those who violate portions of the act can be unintentionally putting others at risk. As a result, it’s crucial that the act is followed and that owners of pools carefully maintain their facilities.

Legal recourse for swimming pool injuries in Illinois can be found with a Chicago personal injury attorney. Such a professional can help an injured individual or their family determine if a pool-related injury was caused by another’s negligence. If so, a skilled personal injury lawyer can move forward with obtaining compensation for damages.

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When Illinois seller’s response to complaints are unsatisfactory

Fri, 03 Jul 2015 05:44:00 GMT

When a consumer is not satisfied with a product because of a defect, the first step that the person should take is to file a complaint with the seller. The process for filing such consumer complaints was discussed in an earlier blog post . As that blog post mentioned, it is the duty of a seller to respond to the complaint and to take it seriously. However, in certain cases, a consumer may not be satisfied with the seller’s response. Nonetheless, that does not mean that the situation has been resolved. On the contrary, the consumer has the option of involving other appropriate people in order to resolve the situation.

According to the law, consumers who have been harmed by a dangerous or defective product have the right to seek compensation for damages.

All states, and even cities and towns, have consumer protection agencies that help consumers to resolve their complaints. At the state level, a consumer can also contact the regulatory agency that caters to the seller’s specific industry. Additionally, consumers can take their concerns to state and local licensing agencies. Those state and local agencies mediate consumer complaints, conduct necessary investigations and prosecute sellers who violate consumer safety laws.

In addition to government agencies, a consumer may also take the complaint against a seller to various non-governmental organizations, such as trade associations, the Better Business Bureau, national consumer associations and the media.

However, when a defective product injures or kills a person, it is very important to hold the negligent parties accountable. The injured or their families may be left with huge medical expenses, lost wages and other damages. A product liability lawsuit can help compensate them for these damages, while also encouraging safer products in the future.

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Laws related to operation of boats on Illinois waters — Part II

Thu, 25 Jun 2015 06:17:00 GMT

Summertime is a time when many Illinois residents venture out on Illinois waterways for a fun-filled day with family and friends. As a result, because many people have the same idea, the waterways may get congested. This makes it necessary for the Illinois Department of Natural Resources to enforce laws that ensure the safety of the people using those waterways. Waterway laws are very much like traffic laws. A previous post on the blog discussed some of those basic rules that every boater must follow, if they are operating a boat on Illinois waters.

As discussed in our previous post, the Illinois Boat Registration and Safety Act (IBRSA) states that operating a boat carelessly or recklessly, interfering with navigation and overloading boats are offenses. Similarly, supplying power to a boat in excess of its rated capacity is also an offense. Again, passing, crossing and overtaking other boats must be executed according to the rules stated in the act. The act also emphasizes how a motorboat operator should act when there are sailboats and rowboats in the vicinity.

The IBRSA also states that there are areas on the state’s waterways that are designated as restricted areas or “no wake areas.” Signs regarding these areas are clearly displayed, and it is mandatory for all boat operators to abide by the rules. The act also clearly displays the rules and regulations that boaters are supposed to follow when they are in the waterways for recreational activities, such as water skiing and diving. Additionally, the IBRSA has established guidelines about the operation of boats at night.

Just as is the case with other motor vehicles, the IBRSA prohibits the operation of boats while under the influence of alcohol or any other substance to prevent the occurrence of boating accidents . Therefore, if a boat operator is found to have violated that rule, the person may face charges under the Illinois Controlled Substances Act or the Cannabis Control Act, which can come with significant penalties.

Source: DNR.Illinois.gov, “ Illinois Boat Registration & Safety Act Information ,” accessed on June 15, 2015

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Recreational activities: boat laws on Illinois waters — Part I

Thu, 18 Jun 2015 06:17:00 GMT

Summer is arriving and many Illinoisans will be planning weekend boating trips with their family and friends soon. Since many of those people are not regular boaters, it is important for them to understand the various rules and regulations that govern the operation of boats on Illinois waters. The rules and regulations are meant to ensure the safety of regular and recreational boaters. A boating accident can be as devastating and as tragic as any other automotive accident.

According to the Illinois Boat Registration and Safety Act, there are certain rules and regulations that apply to the operation of boats. For example, if a person operates a boat and it results in injuries or property damage, or if the person speeds or does not leave enough distance between the boat and the one in front, it is considered careless operation of a boat.

Similarly, if a person willfully operates a watercraft in a manner that endangers life, limb or property of any person, the act calls it reckless operation. Reckless operation of a boat also includes weaving through congested waterways, jumping the wake of another boat or creating an obstruction in the path of another boat. If a person violates those rules, the person may face charges for aggravated operation of a watercraft.

A common reason behind boating accidents is overloading. Therefore, the Illinois Boat Registration and Safety Act states that no boat should be loaded with people or cargo beyond its safe operating limits. In order to ensure that the capacity of a boat is clearly understood, the act makes it mandatory for all boats that are under 26-feet long and designed to carry two or more people and are manufactured or meant for sale in Illinois to visibly state the capacity on the outside of the boat.

Source: DNR.Illinois.gov, “ Illinois Boat Registration & Safety Act Information ,” accessed on June 10, 2015

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Construction sites pose many risks to life and limb for workers

Wed, 10 Jun 2015 09:05:00 GMT

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What should you know about filing a medical malpractice claim?

Fri, 05 Jun 2015 12:49:00 GMT

Most people who receive medical treatment are satisfied with their outcomes as long as they were told beforehand about the pros and cons of the treatment they would receive. However, sometimes patients becomes victims of medical malpractice , whether in Rhode Island or Illinois. These patients have the right to file suit against the medical professionals or facilities that caused their alleged harm. Any lawsuit alleging negligence, however, must comply with requirements set forth by state law.

What does an affidavit, which is filed along with a complaint for medical malpractice, require? An affidavit must state that the healthcare professional was consulted and that there are valid reasons for the complaint.

What should the accompanying report include? The report should state that the medical professional should have informed the patient or his or her family of the consequences of any medical procedure performed on him or her. The report should include information on the healthcare professional’s knowledge of relevant issues, details of the practice in which the person is involved, the professional’s teaching history about the subject over the preceding six years and proof of competence in the subject.

What happens if information is not included? Any report that does not meet the requirements may mean a case is dismissed in court, although a court usually offers an attorney the chance to amend any deficits in the complaint and/or accompanying documents. If a physician cannot be consulted due to a lack of time, the plaintiff can still file the complaint, along with an attorney’s affidavit stating the reason for the absence of a medical report. The court may then excuse the defendant from answering or pleading for an additional 30 days, which gives the plaintiff time to obtain the required documentation.

What exceptions are there? These requirements are not applicable if the plaintiff is not seeking damages for injuries based on medical malpractice. An example is a battery claim, which may only be related to a non-malpractice incident in the hospital setting.

Source: Illinois Institute for Continuing Legal Education, “ Negligence: Professional -Medical Malpractice ,” Lawrence Kream, accessed May 29, 2015

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The Chemical Safety Board’s role in preventing accidents

Wed, 20 May 2015 09:12:00 GMT

Construction and manufacturing worksites in Illinois are usually hazardous work zones. Machinery, ladders and the usage of dangerous materials and tools make these workspaces in big cities like Chicago potential death spots. In order to avert Chicago work-related deaths , the U.S. Chemical Safety Board is responsible for conducting investigations after the industrial chemical accidents that sometimes happen at construction sites. The board has its headquarters in Washington, DC and the U.S. President appoints the board members, who then are confirmed by the U.S. Senate.

The CSB carries out investigations to find the root cause of accidents in industrial zones. A root cause investigation also provides deficiencies in worksite safety systems that may have instigated the accident and identifies any factor that could have averted the accident, such as human errors, failure of equipment or any other hazard. Although the board does not issue a fine, it does make recommendations to agencies, such as the U.S. Environmental Protection Agency and the U.S. Department of Labor’s Occupational Safety and Health Administration, which do have the power to issue fines for unsafe worksites. The purpose of setting up this board was to prevent industrial chemical accidents.

The board is made of up of mechanical and chemical engineers and other specialists who have experience in the public and private sectors. Investigators hired by the board have decades of experience in handling chemical accidents, including those that happen on construction sites. Investigators go through all evidence, consult with board members and review the findings before giving recommendations.

As a result, completing the process of investigating accidents, including construction accidents, may take a long time, even six months to a year. A draft report is first given to the board members. The reports are adopted by conducting a written vote of the board members or during a meeting near the construction accident site. The board conducts investigations into the causes of hazardous chemical accidents, as well.

Source: U.S. Chemical Safety Board, “ About the CSB ,” accessed May 12, 2015

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Authorities investigate recent nursing home death in Chicago area

Sun, 17 May 2015 04:59:00 GMT

Nursing facilities across the country, including those in Illinois, are supposed to be safe places in which residents can have their basic care and medical needs met every day. Unfortunately, neglect and negligence have become more frequent in recent years as larger numbers of people enter facilities.

One apparent case of Chicago nursing home neglect recently came to light when an elderly nursing home resident was found unconscious with a couple of pairs of gloves stuffed in his throat and eyeglasses and a toothbrush lodged his rectum. Several hours later he was pronounced dead in an Indiana hospital

The 72-year-old Burnham nursing home resident was allegedly suffering from a psychological condition known as polyembolokoilamania. The condition causes a person to compulsively insert objects inside his or her body cavities. The man also suffered from cardiac problems, dementia and bipolar disorder.

The unresponsive man was found early in the morning in the nursing home’s dining room. He was transported to a hospital in nearby Hammond, where he was later declared dead. After several hours of investigating the death on the assumption that it was a homicide, the Burnham police department finally concluded that the death was accidental. Still, the Illinois Department of Public Health is investigating the death and the man’s treatment beforehand.

Although the man apparently suffered some mental disorder or impairment, he may also have received less than adequate care by the nursing facility. If the man’s family suspects that the nursing home staff was negligent and the man died as a result, then the nursing home operators could be liable for compensation to the dead man’s family, as well as potentially face criminal charges. Residents and family members of those who have been abused or neglected should speak with an attorney to understand the legal options available to them.

Source: The Times, “ Dead Burnham nursing home resident had objects in throat, rectum ,” Lauri Harvey Keagle and Joseph S. Pete, May 15, 2015

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Making consumer safety a priority

Thu, 14 May 2015 05:44:00 GMT

A Chicago resident buying a product in the United States assumes it will be safe to use or consume. Unfortunately, many consumers are injured or made ill when they use dangerous or defective products. Any Chicago products liability attorney would probably say unequivocally that consumer safety should be the most important priority for a product manufacturer. At our law firm we have a history of holding manufacturers responsible for bad products, including dangerous and defective automotive products that have injured unsuspecting residents of Chicago.

A consumer product, whether it is a laptop or makeup, can cause serious injury if it does not function according to design. In a recent incident, Wal-Mart reportedly recalled hundreds of thousands of toasters manufactured by General Electric due to a possible risk of electric shock and fire. This is just one example of how a common product used every day can put a family member at risk for injury. Consumers who use faulty exercise equipment, such as a treadmill or stationary bike, also experience greater risk of injury due to unsafe product manufacturing or design.

At our law firm we have experience handling cases involving defective automotive parts for more than two decades. The firm’s attorneys also have experience with SUV rollover accidents and defective medical products, such as artificial hip joints and defibrillators, which can cause immense pain to patients when they do not function properly.

Any Chicago resident who wants to learn more may want to visit the products liability page of our website. The Healy Scanlon Law Firm works hard to attempt to ensure that consumers who have suffered as a result of defective consumer products obtain the compensation they deserve.

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Safety education for snowmobiling enthusiasts in Illinois

Fri, 08 May 2015 06:17:00 GMT

Illinois gets its fair share of snow every year. Vast stretches of land across the state are covered in snow, which attracts many snowmobile enthusiasts. Sadly, winters in Illinois are often unpredictable and any lapse in safety measures can lead to serious consequences for a person who enjoys a snowmobile ride in the countryside. However, if snowmobiling enthusiasts take some basic precautions, they may be able to avoid the various hazards associated with snowmobiling.

According to existing Illinois law, a person under the age of 10 years is not allowed to operate a snowmobile. Those who are between 10 and 12 years may operate a snowmobile under the direct supervision of an adult. In order to educate people at a young age, Illinois offers the Snowmobile Education Course. After completing the course and taking the course examination, trainees can obtain the State of Illinois Certificate of Competency. The course is important for those aged 12 to 16 years because the certificate entitles them to operate a snowmobile without adult supervision.

In order to pursue this course, Illinois residents have two options. The first option is an instructor-led classroom program, which offers eight hours of training followed by an exam. The Illinois Department of Natural Resources Division of Education awards the Certificate of Competency after the trainee has successfully attended the course and passed the test. The other option is online self-study. After completing the study and passing the test, the course provider mails the certificate to the trainee.

Recreational activities like snowmobiling and jet skiing can be fun, but without proper safety measures they can easily cause knee injuries, neck injuries, back injuries and even brain injuries if an accident is serious. While enthusiasts may be able to avoid many risks through training and education, some factors, such as the lack of snowmobile maintenance or the lack of maintenance of a snowmobile track, can lead to serious injuries. In that case, the snowmobiling facility owner may be held liable.

Source: DNR.Illinois.gov, “ Snowmobile Safety Education ,” Accessed on April 29, 2015

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Nursing home neglect case filed against Cook County nursing home

Wed, 29 Apr 2015 04:59:00 GMT

A nursing home is supposed to be a safe place for the residents. It is assumed that those residents will get the proper care from the nursing home staff. However, when that is not the case and nursing home neglect causes the elderly loved one to pass away, it can be devastating. In a recent incident, a Chicago family sued a Cook County nursing home for nursing home neglect.

According to a petition filed by the Chicago resident, his 53-year-old wife developed bedsores, fractured her knee without an explanation by the nursing home and ultimately died due to nursing home neglect. The woman was admitted to the nursing home in 2011 because she had multiple sclerosis. She required the support of constant medical treatment because of her disease. A medical plan was put in place, but ultimately there was no reasonable standard of care.

As a result of the nursing home neglect , the woman developed several complications. In 2013, she developed bedsores. She was also given a feeding tube, but when the tube got dislodged in 2014 the medical professionals put it back in incorrectly. They did not use the X-ray machine as a guide when they reinserted the tube. She was fed through that tube, which caused complications. The food leaked into various parts of her body and caused an infection.

Although the patient was moved to another nursing home, she passed away less than two weeks later. Her husband, who filed the nursing home neglect lawsuit, said that he tried to get the nursing home staff to encourage her to walk. He did this because she had developed bedsores, but the staff didn’t honor his request. Apparently, whenever they took her out of bed it was for a very short time. He also noticed that she had improper hygiene. If a person has experienced a similar case of nursing home neglect and if the negligence can be proved, the nursing home can be held responsible and will need to pay compensation.

Source: Patch.com, “ Family Files Wrongful Death Suit Against Crestwood Nursing Home ,” Lauren Traut, April 21, 2015

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Some basic measures that can help prevent medical negligence

Wed, 22 Apr 2015 12:49:00 GMT

Chicago residents probably know that the misdiagnosis of a medical condition can be costly and extremely traumatic. Similarly, medication, anesthesia or surgical errors can also have serious consequences. Such errors often occur due to a healthcare provider’s negligence. While victims of such incidents have the option of suing, it is wise to try to prevent such incidents in the first place. After all, prevention is a better option than a cure, if a person is given a choice.

According to a report published by the Institute of Medicine, between 44,000 and 98,000 people die in American hospitals every year because of lapses in patient safety. That is a startling number, and therefore the U.S. Department of Health and Human Services, in association with the American Hospital Association and the American Medical Association, came up with five basic safety measures to prevent such incidents of medical negligence .

Source: AHRQ.gov, “ Five Steps to Safer Health Care ,” October 2014

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OSHA fines Illinois scrap metal company for violating rules

Wed, 15 Apr 2015 09:12:00 GMT

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Star safety ratings provide information about crash protection

Thu, 09 Apr 2015 05:44:00 GMT

Residents of Chicago, Illinois, may know from experience that all vehicles destined for sale in the United States are required to meet federal motor vehicle safety standards. Failure to meet these safety standards can result in product liability claims. If a claim is successful, the automobile manufacturer is held responsible for the consequences.

In addition, a defective car manufacturer also may be liable to pay damages under consumer product liability laws due to injuries received in a car accident caused by a dangerous and defective part of a car. If a consumer cannot ascertain how safe a particular product is until he or she drives it, automobile safety ratings provided by National Highway Traffic Safety Administration, or NHTSA, under the New Car Assessment Program, or NCAP, can help.

Before buying a car, it’s a good idea to know the NHTSA safety ratings for that car. The 5-Star Safety Rating Program examines safety issues of new vehicles beyond the requirements of federal law. Under this program, a car that is the safest to drive from a crash safety point of view receives the highest rating of five stars, while a car with minimum safety standards for drivers and passengers in a crash receives a one-star rating. The more stars, the safer a car will be in the event of an accident.

The 5-Star Safety Ratings Program tests provide customers information about crash protection and rollover safety of new vehicles by conducting frontal crash tests, side-barrier crash tests and side-pole tests using different size crash dummies to determine the impact of a crash on various body parts. After testing new vehicles and receiving the results, the program rates each vehicle. This whole process not only informs a car buyer about the safest cars on the market, but also encourages automobile companies to manufacture safer vehicles.

Source: safercar.gov, “5-Star Safety Ratings Frequently Asked Questions,” accessed April 1, 2015

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Nursing home abuse often calls for remedial action

Wed, 01 Apr 2015 05:05:00 GMT

Residents of Chicago, Illinois, want their elderly loved ones to be safe. Many elderly loved ones need to live in nursing homes so that they get the proper care that they need.

Although nursing homes aim to protect the residents, nursing home abuse and deaths are not uncommon in Illinois and in the rest of the United States. Since the elderly are often more vulnerable than younger people, they may not speak about the neglect and abuse.

In many cases, nursing home abuse and neglect go unreported and become apparent only when the situation gets out of control. If an elderly loved one has been abused or mistreated in a nursing home, that person’s loved ones have a legal right to seek action against the negligent administrators of the nursing home. According to the Illinois Nursing Home Care Act, the loved ones may be able to obtain compensation.

However, the loved ones may not be able to obtain compensation on their own. If that is the case, the loved one may wish to consider seeking the services of an attorney. Our law firm has helped many Illinois residents to seek justice for their loved one’s abuse and neglect in a nursing home. Our law firm takes the safety of the elderly very seriously and our lawyers will do everything they can to make a negligent nursing home pay for mistreatment and neglect.

In a nursing home abuse case, the person filing the lawsuit will need to follow certain legal procedures before filing and that person will also need to prove negligence in court. Our lawyers help our clients at each step of a nursing home abuse case-from filing the initial complaint on behalf of our clients to reviewing and potentially responding to the nursing home’s reply to the complaint-and we do our best to help our client get justice.

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Social media may influence health care decisions in Chicago

Fri, 27 Mar 2015 12:58:00 GMT

Many Chicago residents are active on social media and know that products and services are often the subject of social media ratings. The growing popularity of social media is becoming an important link of communication between business and the general public and is forcing many businesses to have a significant presence on social media to reach out to consumers.

In late 2013, Facebook started giving an option for organizations to allow users to give ratings ranging from one to five stars on their official Facebook pages. Since then, various organizations, including hospitals, have allowed it. Now a study published online in the Journal of General Internal Medicine suggests that hospital ratings on Facebook appear to reflect the current quality of health care.

The study analyzed 30-day re-admission rates for 4,800 hospitals across the United States and found that more than 80 percent of hospitals had re-admission rates within the expected national average range, while seven percent had significantly lower than average readmission rates and eight percent had significantly higher than average re-admission rates.

The study found no significant differences between the low and high re-admission hospitals when it came to size, the number of admissions, expenses and the status of the hospital as a for-profit or non-profit organization. The study also found that major teaching hospitals were more likely to have high re-admission rates. The study did not mention whether any of those re-admissions were related to medical negligence .

The found that hospitals with higher Facebook ratings had less likelihood of an unplanned patient re-admission within the 30 days after discharge, while hospitals with lower ratings had higher re-admission rates. Authors of the study suggested that health care decisions of consumers may be influenced by posts on social media sites by patients and others discussing the quality of health care in a particular hospital.

Source: MedicalXpress.com, “ Hospital ratings on social media appear to reflect quality of care, study says ,” March 12, 2015

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Caveat emptor: safe shopping for consumer safety

Thu, 19 Mar 2015 05:44:00 GMT

Caveat emptor is one of the basic principles of tort law in product liability lawsuits. Loosely translated caveat emptor means buyers beware. Thus under this principle the buyer or consumer of the product is presumed to have basic knowledge of the product he or she proposes to purchase. However, the basic tragedy remains that many Illinois residents are not able to fully understand this concept.

There have been numerous products liability lawsuits in Illinois. Tragically, one of the most vulnerable classes of product liability cases has been about children’s toys. Many children’s toys have been recalled in the past few years due to inherent faults in them. Consumer safety thus becomes a major cause of concern for Illinois residents.

Consumer safety in the digital world has now taken a paradigm shift. Many cases of identity theft have been reported due to unsafe purchases from some businesses. Consumers have been warned by state authorities to take various safety measures in order to protect themselves from such identity theft. Setting up transaction alerts as well as an upper limit for such credit transactions may help consumers to be regularly vigilant.

Children’s toys as well as bikes have been recalled by many renowned brands which are otherwise trusted by the parents implicitly. Product defects are not only found in children’s’ toys but also in children’s cribs, as well as bicycles and other utilities and were recalled by the manufacturers. Therefore, consumer vigilance may be the best way to generate consumer safety. In case of any injury suffered due to a defect in the product, parents and consumers may seek legal representation to initiate a products liability lawsuit.

Source: IllinoisAttorneyGeneral.gov, “ Safe shopping ,” Accessed on March 13, 2015

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Women workers and construction worksite safety in Illinois

Thu, 12 Mar 2015 09:12:00 GMT

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Lawyers championing products liability lawsuits in Illinois

Wed, 04 Mar 2015 05:44:00 GMT

Under Illinois law, if dangerous or defective products are manufactured and sold, the company who manufactured the products may be liable for any injuries caused by the products. Products liability lawsuits are based on the common law principle of negligence. The attorneys at Healy Scanlon Law Firm have had decades of experience in defending the rights of products liability victims in the state.

One of the major determinants in deciding products liability lawsuits is whether the product was actually defective or damaged. Furthermore, the petitioner must have suffered an injury due to the defect in the product. Product liability may also extend to products that do not have sufficient warnings on the labels informing the consumers about allergens or any other dangers.

Products liability lawsuits make the manufacturer liable for only those injuries that could be reasonably foreseen as a result of the defect or danger in the product. Safety of the consumers must be a primary concern for all manufacturers launching a product in the open market. In the rush to make more money, companies often overlook safety regulations prescribed under Illinois law.

Victims of products liability can include people of all ages. Children’s toys are often found to be dangerous. Defective medical products may also cause tremendous damage to the consumer. The victims of such products may face significant hardships when trying to establish blame and assign responsibility to the manufacturer of the product. The attorneys at Healy Scanlon Law Firm can help those injured by defective products.

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Illinois authorities investigating death of nursing home resident

Wed, 25 Feb 2015 05:05:00 GMT

Nursing home deaths have remained a major concern for the public as well as authorities in Illinois and the rest of the country. Various corrective measures have been taken, but nursing home deaths are still prevalent. Sadly, many of these deaths are due to negligence on the part of the nursing home staff or some other similar reason.

According to news reports, a 98-year-old resident of a nursing home in a suburb of Chicago died recently. The day before the woman died she was admitted to a hospital for respiratory and blood pressure issues. Reports state that five other residents of the same nursing home were also admitted for similar issues. The deceased nursing home resident’s daughter said that her mother was in good health for her age; she had seen her the night before she was taken ill and she did not have any health issues.

Stemming from these disturbing incidents, the South Holland Police Department, the South Suburban Major Crimes task force, the Illinois Department of Public Health and the state police’s Medicare fraud division are investigating the case. Interestingly, all six residents were in the assisted living wing of the multi-care nursing home. Initially, it was thought that the cause of sickness was due to carbon monoxide or some other gas, but fire officials have ruled out that possibility.

Another concern that the investigators noted was that the autopsy conducted on the deceased resident did not reveal the cause of death. Therefore, a full toxicology test is being conducted on the victim and the other five nursing home residents who fell ill.

If you suspect that a family member has been a victim of nursing home neglect , you may wish to seek the assistance of an attorney. An attorney can help investigate the circumstances to determine if you have a cause of action against the nursing home.

Source: WGNTV.com, “ Death of 98-year-old nursing home resident under investigation ,” Marcella Raymond, Feb. 17, 2015

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Are Illinois residents aware of the Pool & Spa Safety Act?

Wed, 18 Feb 2015 06:17:00 GMT

Swimming is universally acknowledged as one of the best forms of physical exercise. Additionally, it is a fun activity that children and adults can both enjoy. In addition to exercise and fun, knowing how to swim can be crucial in many circumstances. However, news reports often talk of a swimming pool accident that caused either head or neck injuries or even killed a swimmer. Sadly, many of those victims are children, and many times it is discovered that negligent pool maintenance was the reason behind the swimming pool accident.

In order to address this concern, t he Virginia Baker Pool & Spa Safety Act was enacted in December 2007. The purpose of the act is to prevent the various hazards in swimming pools that are a result of drain entrapments and eviscerations in swimming pools and spas. According to the P&SS Act, every public swimming pool and spa in Illinois and the rest of the country must have drain covers and second anti-entrapment systems that meet certain performance standards.

The P&SS Act is applicable to all swimming pools and spas that are accessible to the general public. It is also applicable to swimming pools that are within residential complexes, hotels and resorts and government-run swimming pools. However, the act does not apply to therapy pools, like those at rehabilitation centers; baptismals since they do not fall under the definition of a swimming pool per the P&SS Act; and fountains, unless they are designated for swimming or other recreational activities .

According to the P&SS Act, every public swimming pool owner and operator must comply with the act’s guidelines, which recommend certain safety measures that can prevent injuries or fatalities in swimming pools. In order to promote swimming pool and spa safety, the Consumer Product Safety Commission, who are the guardians of this act, runs the Pool Safely campaign. The motive of the campaign is to spread awareness about swimming pool safety and take legal action against pools or spas and shut them down if they do not comply with the P&SS Act.

Source: PoolSafely.gov, “The P&SS Act and You,” Accessed on Feb. 12, 2015

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Toy safety standards according to CPSIA guidelines

Wed, 11 Feb 2015 05:44:00 GMT

It goes without saying that children love toys. Therefore, when a child celebrates a birthday or when the festive season has arrived, the gift of choice for a child is a toy. That is the common practice not only in Illinois but all over the country and the rest of the world. Since toys are meant for children, the federal government enforces the Consumer Product Safety Improvement Act of 2008, which clearly outlines the safety standards for children’s toys .

In order to ensure children’s safety, the CPSIA, which was discussed in an earlier post , sets standards that toy manufacturers must comply with if their product is targeted at a consumer group whose age is below 14 years. Those standards are based on the guidelines mentioned in ASTM F963-11 and ASTM F963-07.1, which are released by the American Society for Testing and Materials.

ASTM F963-11-The Standard Consumer Safety Specification for Toy Safety-is a comprehensive standard that takes into consideration a number of hazards that dangerous children’s toys can pose. Older versions of this standard used to be a consensus between the government, the consumers and toy manufacturers. However, since the CPSIA came into effect in 2008, the ASTM F963-11 became a federal law, which is applicable on a federal level.

According to ASTM F963-11, all manufacturers must comply with safety guidelines. Products manufactured for children must pass all safety tests, which are conducted by various laboratories that are accredited by the CPSC. Only after a toy has passed all safety tests will it be launched on the market. The laws are more strict for those toys that are meant for children under the age of 12 years and each toy must obtain a Children’s Product Certificate before it is marketed.

Despite the various measures to ensure toy safety , every now and then, we come to hear about accidents and injuries that result from the use of a children’s toy. Since those injuries can have severe detrimental effects on a child’s long-term well-being, seeking legal recourse may help. After all, our children are precious and any injuries to them can be a heartbreaking experience.

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Medical negligence is far more than just surgical errors

Fri, 06 Feb 2015 12:58:00 GMT

Whenever an Illinois resident goes to a medical practitioner, he or she expects that the doctor or surgeon knows how to diagnose health problems or send the patient to someone who knows more about the problem. Sometimes a specific complaint will require a doctor to conduct a procedure that is selected on the basis of symptoms presented by the patient. A doctor also might prescribe medications to address a problem. Whatever the process, the practitioner’s knowledge and expertise are tested in several ways.

For the average patient, one assumption often underlies every office visit: The doctor knows best. Each conclusion a doctor reaches, however, is drawn from observing the patient and listening to his or her descriptions of a problem. As with most human interactions, some symptoms or reactions may not be noticed by either the patient or the physician. This can mean a disease is not diagnosed correctly or adequately and the right therapy is not chosen. Unfortunately, a failure to diagnose or a prescription for the wrong therapy can be just as serious as a surgical error when it comes to worsening a patient’s condition.

Until the last two decades, medical knowledge was primarily limited to practitioners who made diagnoses and worked to find cures or solutions. Today, though, any patient can consult any number of resources, including online articles and opinions about various procedures and advances in medical science. These and the experience of other patients with similar complaints can lead patients to understand that they have been victims of medical negligence .

Anyone who has consulted a doctor can look up information about a condition or diagnosis and solicit a second opinion. This will help ensure that they will receive the most accurate medical information and optimal medical care, which is the duty of every medical practitioner to provide. Such information also can be useful in understanding what kind of legal compensation might be available to patients who have suffered genuine medical errors from physician negligence.

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Worker killed in crane accident at Illinois construction site

Thu, 29 Jan 2015 09:12:00 GMT

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Preventing elder abuse in Illinois nursing homes

Sat, 24 Jan 2015 05:05:00 GMT

Nursing home abuse is a heartbreaking reality in Illinois. Many elderly residents have fallen victim to such abuse often at the hands of nursing home staff. Many senior residents of Illinois live in the nursing homes due to prolonged illnesses and the need for constant medical care. However, many family members are often unaware of the daily abuse and neglect faced by their elderly members living in such institutions.

Illinois laws strictly prohibit nursing home abuse, which can take various forms such as physical and emotional abuse and sexual and psychological trauma inflicted on the elderly. Sometimes, nursing home staff may isolate an elderly patient, completely ignoring and neglecting the patient’s physical well-being. Visiting family members must monitor their loved one’s behavior and overall physical condition to detect any sign of neglect or nursing home abuse.

Many programs have been created by Illinois authorities to make family members aware of the dangers of nursing home abuse. Various means can be employed to prevent nursing home abuse and neglect. Senior citizens are encouraged to have an active social life because isolation from other residents provides the opportunity for abuse and neglect. A resident who experiences abuse or neglect by nursing home staff must immediately report the incident to the authorities or visiting family members and friends. Not speaking out against such abuse may aid the abuser in continuing this abuse and on the individual but also other residents.

Family members are also encouraged to be vigilant about the nursing home they choose for their loved ones. When a resident complains to family members, they too are advised to report abuse to law enforcement. Checking the financial accounts of senior family members may reveal any unscrupulous financial transactions done by staff. In the event of grave abuse and neglect resulting in major physical, sexual, psychological or even financial abuse, the resident or the resident’s family may wish to obtain legal help from an Illinois elder abuse lawyer. At the very least, it is always important to be aware of the rights afforded to nursing home residents.

Source: WomensHealth.gov, “ Nursing home abuse ,” Accessed on Jan. 14, 2015

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How does the law protect Illinois children from unsafe products?

Fri, 16 Jan 2015 05:44:00 GMT

Illinois parents want to be confident that products they buy for their children are safe. The Consumer Product Safety Improvement Act was enacted by Congress to protect consumers from the effects of unsafe products. Product safety, especially for items such as toys that are used by infants and toddlers, is a very important area of concentration for consumer safety authorities.

Products meant for children are a major priority of U.S. consumer safety laws. The CPSIA provides that every product meant for consumption by children must comply with safety parameters established by the Act. The Act provides a four-pronged test used to assess the safety of products:

If a product is defective or dangerous and a child has suffered an injury as a result, the parents or legal guardians have the right to file a product liability lawsuit on the child’s behalf. A product may be dangerous due to a design defect or lack of adequate warnings. Concerned parents or guardians may want to speak with a Chicago products liability lawyer to understand their legal options.

Source: CPSC.gov, “ The Consumer Product Safety Improvement Act (CPSIA) ,” accessed Jan. 9, 2015

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Ruling strips cruise lines of immunity for medical negligence

Fri, 09 Jan 2015 12:58:00 GMT

Until recently, victims of medical negligence that occurred on cruise ships were unable to seek compensation due to a series of court decisions that protected the cruise lines from liability. The most recent of these decisions, the Barbetta ruling of 1988, said that passengers cannot expect the same standard of medical facilities on board a cruise ship as on land and that doctors and other medical staff on the cruise liners were independent contractors over whom the cruise company had no direct control.

However, a federal appeals court recently overruled the Barbetta ruling, calling it outdated.

The recent ruling stems from a medical malpractice lawsuit filed by the family of a retired New York City police officer who died in 2011 after falling while on a cruise. The victim fell and hurt his head while onshore in Bermuda. He was taken back to the ship, where the ship’s nurse examined him and allegedly recommended only that he rest. His condition rapidly declined, but he did not see a doctor until several hours after the accident. He was rushed to a hospital in Bermuda but died a few days later from a serious brain injury.

The federal appeals court noted that the complaint alleged the cruise line advertised its medical facilities prominently in its publicity material. Moreover, the doctors and nurses on the ship allegedly wore the uniforms of the cruise line and were identified as cruise line employees.

The family of the deceased victim still has to convince the jury that it was the on-board medical staff’s negligence which led to the incident and that they deserve compensation for the incident. Chicago residents who believe they are victims of medical negligence, whether on a ship or at a Chicago area hospital, may want to consult a Chicago medical malpractice attorney to learn about their rights.

Source: KRON4.com, “Ruling opens door for cruise malpractice lawsuits,” Curt Anderson, Dec. 23, 2014

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Chicago lawyers for those injured in recreational activities

Fri, 02 Jan 2015 06:17:00 GMT

Many Illinois residents love outdoor recreational activities like such as boating and jet skiing. Unfortunately, these outdoor activities can sometimes end in serious injury or even death. Many accidental injuries are caused every year due to sporting activities. The attorneys at The Healy Law Firm have years of experience in pursuing compensation for personal injury victims.

A boating accident or jet skiing accident can cause serious head injuries including brain injuries, neck injuries and spinal injuries. Injuries like this can result in overwhelming medical expenses, as well severe disability and loss of enjoyment of life.

Illinois law requires that all persons organizing, participating in or supervising recreational activities act with reasonable care. When a person fails to exercise the degree of care a reasonable person would exercise in the same situation, that failure is negligence under the law. An individual who sustains injury due to the negligence of another party has the right to bring a personal injury lawsuit and recover damages including compensation for medical expenses, rehabilitation, lost wages, loss of future earning capacity and pain and suffering.

In the event the negligence of a person or other entity leads to the death of a person, the surviving relatives may have the right to recover damages in a wrongful death lawsuit. Illinois law allows recovery of damages including medical and funeral expenses, loss of financial support and loss of care, comfort and companionship.

A serious injury can have lifelong consequences. For more information about how the attorneys at the Healy Law Firm can help, please visit our Chicago Personal Injury Attorney web page.

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Illinois’ statute of limitations for medical negligence cases

Fri, 26 Dec 2014 12:58:00 GMT

Every year many and varied medical malpractice lawsuits are filed in Illinois. Medical malpractice or medical negligence is any act or omission to act when caring for a patient which digresses from the applicable standard of care in medical practice and results in injury to the patient.

Like most civil lawsuits, medical malpractice lawsuits in Illinois are subject to a statute of limitations , which requires a lawsuit to be filed within a certain period of time. Under Illinois law, a medical negligence case can be initiated within two years from the date the claimant discovered, or should have discovered, the death or injury. In no event, however, can the lawsuit be brought more than four years after the negligent act or omission. Additional time may be available if the victim was a minor or other some disability at the time of the negligent act, or if the defendant fraudulently concealed the malpractice.

In order to prove a case of medical negligence, the patient or the patient’s family has to show that the medical practitioner in question owed a duty of care to the patient. Secondly, the patient must also prove medical practitioner departed from the standard of care exercised by practitioners in the specific field. Finally, the patient or his family has to prove that due to the failure to follow the standard of care, an injury has been suffered by the patient.

While numerous medical negligence cases are filed each year, proving liability can be a complex task. A mere mistake or wrong opinion would not make the doctor liable for injury suffered. Professional legal help may become even more important in cases where the lawsuit is barred due to expiration of the statute of limitations.

Source: 735 Ill. Comp. Stat. § 13-212 , accessed Dec. 25, 2014

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Stryker settles product liability investigations for $80 million

Fri, 19 Dec 2014 05:44:00 GMT

Illinois product liability law flows from the principle that a manufacturer can be liable for injuries or deaths caused by a product that is unreasonably dangerous when put to its intended use. A product can be unreasonably dangerous due to a defective design, a manufacturing defect or the failure to provide adequate warnings of potential hazards.

Medical products can be dangerous if defective. Stryker Corporation, a manufacturer of orthopedic devices, recently settled civil and criminal investigations by the U.S. Justice Department stemming from Stryker’s marketing of its orthopedic knee replacement product. The matter was finally settled by the company for a whopping $80 million.

In order to hold a manufacturer liable for injury to a consumer caused by a defective product, a three-pronged test has been formulated under Illinois law. First, it must be proved that due to a negligent act, or omission of a necessary act, by the producer or manufacturer, the product has suffered a defect. Next, the consumer using the product must have suffered an injury. Lastly, a correlation needs to be established between the defective product and the injury caused to the consumer to recover damages in a product liability lawsuit.

In order to determine liability in a defective product case, Illinois courts apply the test of reasonable foresight. Thus, the lawyers for the victim have to prove that the manufacturer should have foreseen that a defect of the kind at issue had the potential to injure the consumer. An individual who believes they have been injured by a defective product can learn more about their options by consulting an experienced product liability attorney.

Source: NASDAQ.com, “ Stryker to pay $80 million to settle OtisMed case ,” Tess Stynes, Dec. 8, 2014

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The state of boating accidents in Illinois

Thu, 11 Dec 2014 06:17:00 GMT

Poet Dante Gabriel Rossetti once said, “the sea had no king but God alone”. Man has been drawn to open waters for ages. But as serene as open waters may be, one must never forget that tumultuous water may be dangerous for even the strongest of boaters.

Recreational boating activities are thus subjected to strict regulations to ensure the safety of all boaters. The Department of Natural Resources in Illinois has even started educating people regarding boating accidents free of charge in an effort to ensure a safe boating experience. The free courses put an emphasis on becoming aware of current boating laws and restrictions.

Being attentive on water may be the key in preventing boating accidents . It was found out that a lack of awareness regarding boating safety rules was one of the leading causes of fatal boating accidents. To combat this trend, every year trained and expert volunteers come to aid the public in understanding boating safety measures.

Recreational boating activities include all such activities which are not carried out in lieu of commerce or trade or government assignments with the boat on waters. Recreational boating accidents thus include fatal accidents, boaters and boats disappearing due to drowning and boat capsizing, and injuries caused from boating accidents.

An occupant of a boat who is involved in a boating accident is required by law to report to the authorities as soon as possible. To avoid such accidents people are also encouraged to only travel in vessels that are registered for recreational purposes.

Source: DNR.Illinois.gov, “ Recreational Boating Accident Report 2012 “, accessed on Dec. 4, 2014

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An Illinois lawyer can help in an unwarranted nursing home death

Fri, 05 Dec 2014 05:05:00 GMT

Nursing home deaths and other types of medical malpractice have become a serious problem in Illinois. Unfortunately the most vulnerable to nursing home neglect and nursing home abuse are senior citizens.

Nursing home abuse of the elderly, though a growing problem, is still highly overlooked. The elderly more often than not complain less than their younger counterparts. Such patience of the senior citizens may not however always be rewarded by the nursing home staff. Elder abuses in a nursing home include mental, verbal, physical and even sexual abuse. The attorneys at The Healy Law Firm have championed the cause of the elders and other victims of nursing home deaths for decades.

Mental abuse may include complete neglect by the nursing home staff where their basic needs are not even met. This extreme neglect may lead to bedsores and other ailments which may lead to serious injury, illness or even death. Patients have complained of severe physical abuse in nursing homes, including instances where nursing home staff has beaten patients.

Nursing home staff may also verbally abuse patients with profanity or otherwise belittle them with words. Some patients have been sexually abused by the nursing home staff. Many patients may not complain for years. Not bringing such neglect to the notice of family or authorities may prove to be dangerous and even fatal.

If a patient dies in the nursing home due to the neglect of the nursing home staff, the family may be able to get justice for the victim’s death. The Healy Law Firm has for years helped such needy clients meet justice through wrongful death lawsuits in the state of Illinois.

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Reasons behind increasing medical negligence disturbing

Fri, 28 Nov 2014 12:58:00 GMT

As medical science has advanced, people around the country, including in Illinois, have become ever more reliant on medical care to address illnesses and other conditions that could cut short their life or lives of loved ones. As medical facilities have increased, so have the expectations of patients. Unfortunately, the chances of medical errors have also increased, resulting in more litigation by victims.

Many Chicago medical malpractice professionals agree that medical negligence has become an epidemic the past few decades. Thousands of patients are harmed by or lose their lives to medical injuries every year. As a result, medical negligence lawsuits have increased as patients have become more aware of what constitutes medical error.

What is leading to the widespread increase in medical negligence in the United States? Research suggests that the main problem is poorly trained doctors treating large numbers of patients within short periods of time. Some observers think medical care has become more of a commodity than a service provided by hospitals and other medical facilities.

Hospitals consider medical practitioners who can handle higher volumes of patients or more surgeries within a specified time as more profitable and thus more valuable. In large part, hospitals and medical facilities do not invest enough time and money to train their doctors and nurses because that would reduce the amount of revenue generated by the physicians and their staff.

Physicians and other medical workers may not be given enough economic incentive to ensure superior care. Now hospitals tend to recruit large numbers of physicians and other medical staff to increase the volume of their cases instead of recruiting fewer but more highly skilled individuals who can provide exceptional care. The fallout from this approach may be the skyrocketing number of patients who suffer medical injuries or lose their lives as a consequence.

If an individual in Illinois believes they might be a victim of medical negligence, they should understand their rights. Legal remedies could be available to them and they should seek guidance about their options to recover compensation for their injuries, damages and losses.

Source: Law.NIU.edu, “Medical Negligence Litigation is Not the Problem,” Accessed on Nov.19, 2014

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Are death benefits payable for an IL construction site injury?

Wed, 19 Nov 2014 09:12:00 GMT

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Woman dies due to nursing home mistakes

Fri, 14 Nov 2014 05:05:00 GMT

Unfortunately, nursing home abuse and neglect is not a rare occurrence in this country. In a recent case, a nursing home was fined and cited after investigators found that staff mistakes resulted in a resident choking and dying.

Apparently, the staff of the nursing home gave the resident oral medication mixed with applesauce, and after taking it, the resident choked and died two days later. The healthcare center has been slapped with $75,000 fine, along with a Class AA citation, according to a recent report. It is said to be the most severe penalty under the laws of the state.

Reports say that the resident was a female. She was diagnosed with difficulty swallowing and was not supposed to be given oral medications. The nursing home’s violation caused the resident to choke, after which her oxygen levels dropped. Paramedics then intubated the female resident and transferred her to a hospital.

The resident died two days later at the hospital. Her death was attributed to aspiration pneumonia. Chicago nursing home neglect attorneys may agree that the mistakes made by the nursing home staff placed the resident’s life in imminent danger of death or serious harm and was the direct and proximate cause of her death.

There are sources that indicate that certain states in the nation have failed to properly investigate nursing home complaints effectively, with thousands of unresolved complaints still in their systems. The state audit systems need to be more proactive if such cases of nursing home deaths due to negligence can be avoided.

Source: Los Angeles Times, “ L.A. nursing home fined, cited after death of resident “, Matt Stevens, Oct. 31, 2014.

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Do statutory caps on damages affect medical negligence claims?

Wed, 05 Nov 2014 12:58:00 GMT

In Illinois and throughout the rest of the United States, there has been a sharp increase in medical malpractice premiums over the past decade; as a result, medical malpractice insurance has regained interest. Illinois personal injury experts have observed that this phenomenon may be due to the adoption of statutory caps by states, which limit the amount of damages that a plaintiff can recover in a medical malpractice lawsuit. The question that arises is, what is considered fair compensation for a victim of medical negligence? The other question that comes up is, what is the government’s position in the event that the death occurs due to medical negligence and how does that relate to statutory caps?

The controversy regarding statutory caps for damages may not be unjustified. There is a frequent disagreement as to whether statutory caps actually help reduce malpractice premiums, how medical errors might be affected by them and whether they allow fair compensation for injured patients. Another question is whether the caps actually reduce the expenses on medical liability insurance, increase access to health care and lower health insurance expenses.

There are many types of caps on damages; some caps apply to medical malpractice claims and others apply to personal injury cases, including malpractice cases. Some of those caps apply to compensatory damages that are non-economic in nature and others to economic damages, as well as noneconomic compensatory damages. Sometimes, punitive damages are also included in the caps.

During a trial, the jury typically is not notified about the damage caps and their effects. Courts have widely agreed that most of these statutes are unconstitutional. However, the question of whether injured patients are being fairly compensated for their losses or suffering due to medical negligence remains unanswered.

Source: The Milbank Quarterly, “ Damages Caps in Medical Malpractice Cases ,” Leonard J. Nelson, III, Michael A. Morrisey and Meredith L. Kilgore, accessed Oct. 30, 2014

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Illinois personal injury law offers medical negligence solutions

Wed, 29 Oct 2014 12:58:00 GMT

Illinois personal injury laws treat medical negligence and medical malpractice very seriously because such cases are a relatively frequent occurrence in the state, as well throughout the rest of the U.S. The legal system has been designed in such a way that extensive discovery is encouraged, along with negotiations between conflicting parties. The sole objective here is to adequately address the grievances of the injured party or compensate the representatives of a deceased victim whose death resulted from the medical negligence.

In medical negligence lawsuits in which the injured party or the representatives of the deceased are alleging medical malpractice , it must be shown that there was negligence on the part of the physician. There must be proof that the physician failed to render due care to the patient, which, in turn, resulted in the death of the patient or injury to the patient.

There are four cardinal legal elements that must be proven in such cases. First, the injured party or his or her representatives must prove that the doctor owed a professional and legal duty of care towards the injured or deceased patient. Second, there must have been a breach of the duty of care by the physician’s failure to treat the patient in a proper manner or by failing to adhere to the ordinary standard of care. Next, the death of the patient or injury rendered must result from the breach of duty by the physician. Finally, legal damages need to ensue from the act or omission on part of the physician resulting in the injury so that the legal system can address it.

In the United States, medical negligence law forms a part of civil law, rather than criminal statutes. Lawsuits that allege medical malpractice are usually heard in state trial courts, which have jurisdiction for such cases. However, in certain cases, claims stemming from medical malpractice also may be filed in a federal court.

Source: U.S. National Library of Medicine, National Institutes of Health, “ An Introduction to Medical Malpractice in the United States ,” B. Sonny Bal, accessed on Oct. 21, 2014

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Illinois legislation aims to reduce product liability

Fri, 24 Oct 2014 05:44:00 GMT

Chicago products liability cases may be able to meet with a speedier resolution due to the recent introduction of the Consumer Product Safety Improvement Act (CPSIA). As a direct result of the implementation of the CPSIA, the Consumer Product Safety Commission may be able to enforce with greater speed and authority certain measures and policies that help reinforce the rights of consumers at large.

Dangerous and defective products can threaten consumer safety . In such cases, the CPSA investigates and finds a resolution to the case. With the introduction of the CPSIA and the positive changes it has brought about to the CPSA’s various statues, the commission currently has access to a number of regulatory and enforcement tools.

The changes brought about by the introduction of the CPSIA have increased the number of CPSC commissioners to five from three. Additionally, it also introduced provisions which address safety and manufacturing of children’s toys, third party testing and certification, lead and durable infant or toddler products among many other things. A publicly searchable database containing reports of harm caused by a product is also included within the provisions of the act.

The provisions under the CPSIA seem to address issues related to children’s products with some seriousness as it clearly states certain notable points. According to the terms, such products must meet children’s product safety rules, be tested by a laboratory certified by the CPSA, possess a children’s product certificate to prove the same and have tracking information regarding the product’s manufacturing and packaging affixed to the product at all times.

Source: CPSC.gov, “ The Consumer Product Safety Improvement Act (CPSIA) ,” accessed on Oct. 17, 2014

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Illinois vacationers witness fiery death of pilot

Wed, 15 Oct 2014 09:12:00 GMT

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Is a facility operator accountable for a boating accident?

Fri, 10 Oct 2014 06:26:00 GMT

The owner of any property is responsible for making sure that the premises is well maintained and that necessary safety measures are in place to reduce the probability of an accident. The owner is also responsible for providing adequate warnings to people asking them not to enter his or her property if it is in an unsafe condition.

The laws of premises liability in Illinois, and other parts if the country, extend to cover personal as well as commercial properties. Chicago personal injury experts may have a clearer insight into how injuries connected to recreational activities can extend into a case of premises liability.

Many commercial properties allow its patrons to engage in various recreational activities such as boating or jet skiing. As such, there may be a possibility of a drowning incident as a result of a boating accident . The matter of establishing liability is such a case may be somewhat tricky. It may entirely depend on the factors surrounding and leading up to the accident. It may also be a case where nobody is clearly at fault.

However, as far as the legal liability of the premise operator is concerned, he or she may be found responsible for the death or injury of the plaintiff resulting from a boating accident if certain state and federal regulations regarding operating such a business were not adhered to.

Facilities offering such recreational activities are required by law to meet certain safety standards and failing to meet those, the operator can be held responsible for any accident in which his or her negligence can be illustrated in court.

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Martin Healy Jr., has been chosen as Person of the Year by the Irish American Heritage Center/ IBAM committee

Mon, 06 Oct 2014 12:42:00 GMT

Accepting the award this past weekend, our firm’s Managing Partner, Martin Healy Jr., has been chosen as Person of the Year by the Irish American Heritage Center/ IBAM committee for his dedication and support of the Irish community in Chicago. Click here to read more!

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Understanding joint and several liability laws in Illinois

Fri, 03 Oct 2014 12:58:00 GMT

Doctors, physicians and medical care personnel enjoy a position of trust and responsibility when it comes to questions of healthcare. However, there may be situations when a misdiagnosis or medical negligence may lead to bodily injury or even the death of a patient. The laws surrounding Chicago medical malpractice are therefore geared towards protecting the rights of patients and holding healthcare professionals responsible for any activity which may cause harm to the patient.

Illinois state laws subscribe to the theory of joint and several liabilities when it comes to adjudicating matters relating to medical malpractice. Joint and several liability can be viewed as a merging of two theories of establishing liability; usually, joint and several liability pertains to cases when more than one person or entity may be held liable for a certain act or acts which can amount to medical malpractice.

One of the many reasons that the laws in Illinois allow several and joint liability to be factored into medical malpractice cases is to enable the injured party to have a greater chance to recover damages owed to him or her under the law.

The laws in Illinois subscribe to the theory that pure joint and several liability can be combined with pure several liability. In this particular situation, the law allows for the risk of insolvency to be split between the plaintiff and the solvent defendants. If the jury holds that the defendant is at fault by a certain percentage, which is at or above a particular limit, the defendant is responsible for the entire amount that is awarded as damages. It is important to understand that that may be the potential outcome of an Illinois medical malpractice case.

Source: NCSL.org, “ Medical liability/malpractice joint and several liability statutes ,” accessed Sept. 25, 2014

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Giving Illinois’s elderly the care they deserve

Thu, 25 Sep 2014 05:05:00 GMT

Residents of Chicago have been as much witnesses of a trend as residents in other American cities. Elderly people who continue to live dignified lives are suddenly left incapacitated or injured without anyone being aware of it as a possibly fatal duration of time. Consequently, many people choose the relative luxury of a nursing home where their loved ones are provided with all of the necessary care, including medical care.

Often, such hospices , or homes, combine the features of a residence with those of a hospital. In that case, the occupant is not only provided with continual care but also the requisite medical facilities. In many cases, this may continue for the remainder of the person’s life and can often be the difference between a continually sad existence and a dignified passing.

It is important to understand that the elderly are, despite their age, fully capable of making life-affirming decisions on many occasions. In fact, the elderly themselves may choose to retire to an institution that provides the proper care or make arrangements to be moved to the appropriate facility. Since this process may also involve the judgment of a personal physician, the provision of medical care to the elderly is ensured.

The elderly often prefer to have such care services provided for them in their own homes. While there may be other family members living in the home who can provide some level of support, the full-time presence of a certified professional ensures that there is no elder abuse or other lapses in care. As long as there is a doctor available to attend to more serious medical emergencies, the family will not need to fear that their elderly loved one is not receiving the proper, deserved care

Source: NIA.NIH.gov, “ End of Life: Helping With Comfort and Care ,” Accessed on Sep. 19, 2014

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How is a defective product complaint filed against a seller?

Thu, 18 Sep 2014 05:49:00 GMT

Residents of Illinois will agree that purchasing any product has never been easier. A consumer can walk into a store or make a purchase by phone or online through the manufacturers’ or retail seller’s website. However, purchasing via phone or the Internet increases the chances of receiving a defective product.

Once a consumer realizes that a purchased product is defective, the first step is to notify the seller. The consumer can call or email customer service to arrange for an exchange or refund. The person can also report the issue to the company’s consumer affairs division, which oversees such complaints. The contact information is usually available on the warranty, product label or other documents provided upon purchase.

If information is not available, information can be obtained on the company website, reference books with company details or by calling 1-800-555-1212 to check if the company has a toll-free number. Manufacturer’s information can be different from the company that sold the product or who owns the brand name so be sure to contact the party responsible for the refund.

A letter can be written to the company, which could also serve as evidence of communication. The letter should contain specific product information along with documentation of purchase, defect and provide a time limit for response.

Avoid sending a sarcastic, angry or a threatening letter and provide all pertinent contact details. A copy of the letter and details of any other communication should be kept on file along with a printed screenshot of any online communication of the defect.

While any of these options are acceptable for minor issues related to defective products, advice of an Illinois defective product attorney may be beneficial if the product is dangerous and caused injuries to a loved one or oneself. Various legal options must be understood by an injured person who wants to assess a product liability case.

Source: USA.gov, “Contact the Seller,” Sep. 3, 2014

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Two workers killed in Illinois plant explosion

Wed, 10 Sep 2014 09:12:00 GMT

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Safety and adherence to laws important during boating

Fri, 05 Sep 2014 06:25:00 GMT

Many people from Illinois enjoy outdoor recreational activities. Hiking, biking, waterskiing and boating are some of the most preferred outdoor activities. However, while doing such fun and active activities, there is also a likelihood of accidents. Safety information, training and laws have been created and are mandated to help reduce accidents.

Boating is one such activity where an accident can prove to be fatal. The Illinois Department of Natural Resources Marine Unit and the United States Coast Guard work together to prevent boating accidents. They ensure that the laws are followed by the boaters, confirm that watercrafts are inspected and respond to boating accidents.

Enthusiasts of boating are also advised by officials to undergo the Illinois Boating Education Course. This course covers basic safety during boating, navigation, equipment and requirements, registration and relevant Illinois laws helping the boaters handle situations in water. However, boating accidents still occur, often due to a negligent boater.

A boater involved in a boating accident will have to submit to a blood, breath or urine test. Failure to submit to the test or failing the test will result in Illinois Secretary of State suspending the Illinois driving license of the motorboat operator. If the person is found to be careless or driving under the influence, the person’s privileges to operate the motorboat can be suspended for one to three years.

When involved in a boating accident, the person should call 911. The Illinois Conservation Police Officers will be dispatched immediately upon being informed of the incident. The accident victim can also file a claim for damages against the wrongdoer. If proven, the person can file a claim for medical costs and other related losses from the negligent boater.

Source: LakeCountyIL.gov, “Boat Safety Information,” accessed on Aug. 27, 2014

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Is there any time limit on filing a medical malpractice case?

Wed, 27 Aug 2014 12:58:00 GMT

Many people, including residents of Illinois, go to the hospital, even when they have a minor injury or a high fever. In some cases, however, the visit may cause additional injuries due to medical negligence or some other type of medical malpractice.

After some time, the person may determine that something went wrong during the medical procedure and that the recovery may take a long time or even that full recovery may not be possible. Sometimes, the wrong medical procedure also may result in death of the patient. Also, in certain cases, the health of the person may continue to deteriorate. While there may be many possible reasons to consider filing a medical malpractice claim, it is important to understand that Illinois law imposes a time limit on the filing of a medical malpractice lawsuit.

The statute of limitations imposes a time limit on filing most lawsuits and after the applicable time limit has passed, the person may not be allowed to pursue the case. In order to calculate the time limit, the court may take into account the date on which the malpractice incident occurred, the date on which the malpractice incident resulted in the injury, the date on which the person discovered the injury and the date of the patient’s final treatment.

In Illinois, an injured person must file a medical malpractice lawsuit within two years of discovering the injury, but if the person finds out about the injury and pursues some legal action no later than four years from the date of the occurrence, the filing may be allowed. However, minors are allowed a longer statute of limitations to file the lawsuit under Illinois law.

In considering the time limit, the court also may take into account the age of the person, a disability that stopped the person from pursuing the claim or the fraudulent behavior of the medical provider. Illinois personal injury laws may help the person to understand the various exceptions available to the victim when it comes to pursuing a medical malpractice claim after the time limit has passed. This may allow the victim to file a lawsuit and hold the wrongdoer liable for the losses that he or she has suffered.

Source: FindLaw, “ Illinois Medical Malpractice: Statute of Limitations ,” accessed on Aug. 19, 2014

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How are nursing homes inspected and regulated in Illinois?

Thu, 21 Aug 2014 05:05:00 GMT

Illinois families often keep elderly family members in nursing homes so that their safety is ensured and that they are provided with adequate healthcare. Doctors are readily available to care for nursing home patients, rendering these places suitable for people who are weak or suffering from illnesses. However, elder abuse, malnutrition, bed sores and even death are sometimes reported from some nursing homes.

To ensure that nursing home occupants receive good care from authorized nursing home staff, many private and public agencies regulate, license and inspect nursing facilities. The U.S. Department of Health and Human Services’ Centers for Medicare and Medicaid Services and Illinois Department of Public Health are two such agencies that keep a check on nursing homes. However, in some cases, these agencies may have overlapping jurisdictions.

The IDPH is responsible for ensuring that nursing homes comply with state regulations. This department along with the CMS also ascertains that the facilities that accept Medicaid and Medicare payments meet certification rules and federal guidelines. Every year, the IDPH inspects 1,300 nursing homes and also responds to almost 6000 complaints.

During these inspections , which are carried out in three to four days, the policies, staff, procedures, finances and equipment are checked. Surveyors may also employ a team consisting of a professional nurse, nutritionist and other professionals who may be required to analyze complaints against the nursing home. Inspections done after a complaint is received are usually shorter than annual inspections.

Generally, nursing homes are inspected once every year without notification. No schedule is adhered to for such inspections and facilities which have more complaints are surveyed more often. If the facility does not meet the required standards, the nursing home may be initially ordered to take corrective actions and may later be fined, face license suspension or closure as dictated by federal and state laws.

Source: IDPH.State.IL.US, “ Who Regulates Nursing Homes? ,” accessed on August 14, 2014

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Medical devices recalled due to safety concerns

Fri, 15 Aug 2014 05:49:00 GMT

Residents of Illinois may remember the recalls related to pelvic mesh implants and hip implants. After documents from the company that manufactured the hip implants showed there was a high risk of failure of the products, which could affect 40 percent of patients using the device, patients were forced to remove the devices and replace them. The pelvic mesh implants, which were used for pelvic organ prolapse and urinary incontinence, were recalled after they were linked to pain and serious injuries.

Around 8,000 patients had to replace the hip implants and the company is facing a large number of medical products liability lawsuits all around the world following the recall. The pelvic mesh implants that were recalled two years back were the focus of 30,000 lawsuits from patients who used them. Recalls of these products led to bad publicity for the company and billions of dollars in lawsuits.

In April, the Food and Drug Administration stated that another product of the company had a higher risk of spreading cancer than previously believed. The products are power morcellators used in uterine surgeries. They cut the tissue into small pieces to remove fibroid tumors, which are then extracted through small incisions. The FDA stated that almost 50,000 surgeries in a year involve power morcellations of tissues.

After the FDA’s announcement of the heightened cancer risk the manufacturer announced suspension of its sales and marketing activities in connection with the device. The manufacturer has asked hospitals to return three models. Critics of the company wonder, however, if this action was taken to avoid further lawsuits.

As medical devices are used internally, any defect in them can cause considerable harm to the patient. One who believes they have been harmed by a medical device may benefit from consulting an Illinois defective product attorney. If evidence shows the product was defective the patient may be able to recover compensation from the manufacturer.

Source: The New York Times, “ Johnson & Johnson Praised for Taking Uterine Surgery Tools Off Market ,” Katie Thomas, July 31, 2014

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OSHA concerned over rise in construction accidents

Fri, 08 Aug 2014 09:12:00 GMT

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Three bills on boating safety signed into law in Illinois

Fri, 01 Aug 2014 06:25:00 GMT

Many people, especially children, enjoy the recreational activity of riding an inner tube while being towed by a boat. However, the same kind of activity left tragic memories for an Illinois Senator. Her 10-year-old nephew, who was enjoying the ride, was killed in a boating accident on July 28, 2012. He was struck by a drunk boater after he fell off the tube and was bobbing in the water.

To prevent such accidents in the future, the Senator has sponsored three bills, which were signed into law by the Governor on July 5. Two of the laws directly deal with the unfortunate incident that occurred two years ago, while the third relates to general safety procedures while boating. After these laws go into effect, boating DUIs will now be treated like drunk driving offenses. A drunk boater may now face an Illinois serious injuries lawsuit and may lose their boat if the offense is repeated.

One of the new laws requires that any watercraft operator born after January 1, 1998 who operates a watercraft whose engine has more than 10 horsepower, must have a safety certificate issued by the Illinois Department of Natural Resources. Another law emphasizes the on-water visibility of skiers and tubers. It states that boats that have a skier or anyone riding in a tube should display an orange flag on the boats highest point, in order to warn other boaters about the presence of the person in the water.

Illinois waterways have already recorded 16 fatalities this year, but these new laws may help prevent future waterway accidents. While the laws will not go into effect until next year, boaters can still display a flag in order to notify others about the presence of a tuber or a skier. Yet, despite these laws, some boating accidents may still occur because of negligent boaters or operators who are driving under the influence. In such cases, anyone injured in a boating accident may choose to file a lawsuit in order to hold a negligent operator responsible for any damages.

Source: Morris Daily Herald, “ Our View: Legislation measures help boat safety ,” July 15, 2014

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Failure to diagnose cancer causes delay in treatment

Fri, 25 Jul 2014 12:58:00 GMT

When a person feels sick, it is recommended by health professionals to not take over the counter medicines and instead visit a doctor. This is done by people in Illinois with the firm belief that the doctor will be able to correctly diagnose their illness, help the patient get correct treatment on time, and ultimately stop the disease or infection from spreading; sometimes though, the doctor may fail to properly diagnose the medical condition.

This happened in a case where the parents of a boy who was suffering from a fever took him to a hospital in Illinois. The same doctor examined the boy 13 times and repeatedly informed the parents that the child was suffering from persistent fever. Upon a request by the parents, the doctor also examined a swelling that had formed on the boy’s left buttock. The boy was subsequently taken to a children’s hospital where he was diagnosed with a slow-growing cancer.

Failure to diagnose the condition affected the condition of the boy and caused a considerable delay in treatment. Over a period of time, the germ cell tumor grew considerably and intertwined with nerves and major arteries; surgery could not be performed and the boy had to undergo aggressive chemotherapy. These intense chemotherapy sessions caused hearing loss, and pain and suffering to the child. In addition, the child may have to endure further medical complications.

The parents of the minor child filed a lawsuit against the doctor and the hospital claiming more than $100,000 as well as other reliefs. They claimed the doctor negligently failed to acknowledge and document the reports of the lump that was growing on the child’s buttock and failed to fully investigate the mass formation. They also claimed that the doctor failed to document the requirement of a follow up visit after the child fell and stated he experienced lower back pain.

According to the Illinois personal injury laws, any person who suffers due to medical negligence can file a lawsuit against the negligent doctor and the hospital. The person may claim damages from the negligent medical providers. Assistance from a professional may help the parents file the claim correctly, and analyze medical records and doctor credentials that may be important to ascertain the damages caused to the patient.

Source: The Madison-St. Clair Record, “ Parents say doctor failed to timely diagnose son’s cancer ,” July 11, 2014

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Elder abuse may be prevalent in Illinois nursing homes

Thu, 17 Jul 2014 05:05:00 GMT

Family members usually do their best to take care of and provide for their elderly loved ones. However, there can be a stage in life when the elderly person is not be able to take care of themselves and may have to be admitted into a nursing home. The family should be confident that their loved ones are safe in the nursing home with professionals to care for their needs. However, this is often not the case, as can be seen in a recent event when a nursing home staff member from Illinois was arrested after allegedly hitting a disabled resident.

According to officers, the 27-year-old nursing home staff member hit a disabled resident in the face, causing injuries to the resident’s head. The disabled resident was subsequently treated in a hospital and released. The nursing home worker was arrested and charged with aggravated battery to a disabled person. The Illinois Department of Public Health and Quincy Police Department are investigating the incident.

This incident highlights the condition of the elderly who are at mercy of the nursing home staff for their basic requirements. These people may not be able to complain about any ill treatment and such cases may go unreported for a long time. Sometimes, the incident may only come to light when the elder is admitted to emergency room or dies due to elder abuse. However, during a visit, sometimes family members may notice signs of physical or mental abuse to the loved one. The loved one may have physical injuries, bed sores or signs of malnutrition. The health condition of the loved one may even deteriorate due to wrong medication or inadequate care.

When family members suspect that a nursing home is not taking care of their elderly family member, they may take action under Illinois elder abuse laws. Elders are protected by federal and state laws from abuse, neglect and mistreatment in a nursing home facility. Knowledge of the correct procedure and laws, along with evidence, may help family members prove that their loved one was abused in the nursing home.

Source: 7KHQA, “Quincy nursing home staff member behind bars,” July 2, 2014

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Couple files product liability case against Diamond Pet Foods

Wed, 09 Jul 2014 05:49:00 GMT

Illinois residents would probably agree that if a defective product reaches a consumer the retailer, as well as the manufacturer, cannot duck their responsibilities. Product liability laws have been passed in order to ensure consumer safety by penalizing any manufacturer of defective products. One company is now facing an Illinois defective product liability case.

In a recent case, an Illinois couple filed a liability case against Diamond Pet Foods, a company that manufactures dog food, claiming that one of them contracted salmonella from defective dog food, even though the manufacturer recalled the dangerous and defective product. The product was manufactured between late 2011 and early 2012. According to the Food and Drug Administration, there was an outbreak of the bacteria Salmonella Infantis in dog food. As of July of 2012, 49 people were infected with the bacteria as a result.

The woman who filed the case had started experiencing extreme stomach discomfort after feeding her dog. She was hospitalized in critical condition and had a fever of 104 degrees. The woman tested positive for the bacteria and the public health department of Illinois declared that the disease source was the dog food. Her infection was so severe that it even affected the treatment of her diabetes.

The lawsuit charges Diamond Pet Foods with product liability, fraudulent misrepresentation and negligence. The amount of compensation the couple is seeking was not disclosed. A representative for Diamond Pet Foods said that they have not yet been served with the lawsuit. Illinois consumers should know that when cases dealing with dangerous and defective products, it is usually a good idea to get the right information about the available options.

Source: Voices.Suntimes.com, “Suit: Elmwood Park woman contracted salmonella from dog food,” Ashlee Rezin, June 24, 2014

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Two Illinois workers die in workplace accident

Tue, 01 Jul 2014 09:12:00 GMT

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Four-year-old boy drowns in Chicago suburb country club

Fri, 27 Jun 2014 06:25:00 GMT

The unexpected loss of a loved one, especially a child, to a fatal accident is a most tragic event. An Illinois serious injuries lawyer may be able to provide a legal context to such tragedies. The pain and suffering of family members caused in the wake of such an incident can be devastating. A Chicago suburb was the scene of such an incident last week.

On a Saturday afternoon, a 4-year-old boy lost his life when he drowned on the premises of a local country club. The county coroner’s office is still trying to piece together the chain of events culminating in the fatal tragedy. An autopsy has been scheduled.

The fire department paramedics received a call around 3:00 p.m. from the country club regarding a person in cardiac arrest on their premises. The boy was subsequently transported to a nearby hospital, but did not survive. The death has been termed a “personal tragedy” by the local police. As of the night of the incident, the country club’s management has not responded to requests for comments.

Drowning may be caused any number of ways. Certain drowning accidents can involve legal liability if it is determined that the tragedy could have been avoided. In such circumstances, the victim’s family may choose to seek compensation for their loss by alleging wrongful death in their lawsuit. The skills of a wrongful death attorney can be of use for the purpose of determining liability, if any, and to pursue a legal recourse for recovering damages if the facts of the case determine negligence was a factor.

Source: Daily Herald, “ Officials: Boy, 4, drowns in St. Charles ,” Katlyn Smith, June 15, 2014

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Illinois worker dies in tragic workplace accident

Wed, 18 Jun 2014 09:12:00 GMT

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Consumer safety recall of yogurt-covered Craisins

Thu, 12 Jun 2014 05:49:00 GMT

If a dangerous or defective product in Chicago manages to reach a consumer and causes harm, the manufacturer, as well as the retailer, cannot escape liability for any injury caused to the consumer. The principal aim of product liability laws is to secure consumer safety by penalizing any action that may compromise the consumer.

On certain occasions, the manufacturer may have reason to believe that any product produced by them may pose a threat to the consumer or subject them to toxic exposure. It would then be prudent for the manufacturer to recall the product or batch of products concerned before they can cause any actual injury or illness to a consumer. If such injury or illness occurs, the consumer will be in a position to claim a hefty compensation from the manufacturer, which is what product recalls seek to prevent. An example of such product recall has been recently witnessed in Chicago, where the Ocean Spray firm has recalled two batches of Greek yogurt covered Craisins, dried cranberries.

The recall began when the firm received a few complaints about the products containing yogurt covered peanuts. While there has not been any news of any consumer having fallen ill after consuming those peanuts, the firm chose to act cautiously and offered the recall. According to a report, a co-packer in Chicago producing these two batches, and the firm learned that some yogurt covered peanuts may have been packaged, along with the two batches of Craisins.

These products were distributed to retail stores throughout the country, including Illinois. According to Ocean Spray, this was a mere isolated incident, and the company is confident they have taken sufficient steps to address the problem. Meanwhile, if a consumer has consumed any product from these batches and suffered from a side-effect, the consumer may choose to file a Chicago products liability lawsuit against the firm, as well as the retailer who supplied the product. By doing so, the product liability victim may be able to obtain a fair and just compensation.

Source: Food Quality News, “ Ocean Spray recalls Greek yogurt covered Craisins in 24 states ,” June 6, 2014

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Illinois boat accident causes injuries to four people

Wed, 04 Jun 2014 06:25:00 GMT

If a resident of Illinois spends leisure time involved in some form of recreational activity, that person most likely will not think about the possibility of an accident occurring, which may lead to serious injuries to himself or herself, as well as to others. Unfortunately, such accidents occur far too frequently and can cause head injuries and/or spinal injuries, which can make a victim’s life very difficult.

Recently, a speed boat and a pontoon boat collided on the Illinois River, which caused serious injury to at least four. The victims were taken to Morris Hospital & Healthcare Center to be treated for their injuries. At least ten other passengers refused any medical treatment at all. Both boats had to be towed away, although there was much more extensive damage to the speed boat.

Following the accident, the Morris Fire Protection and Ambulance District, the Minooka Fire Protection District and the Illinois Department of Natural Resources arrived at the scene. According to the Morris Fire Deputy Chief, none of the victims suffered life-threatening injuries. However, the current conditions of the four people who were taken to the hospital are unknown.

The accident is still under investigation. The Morris Fire Deputy Chief indicated that boating accidents are not uncommon and can be quite unpredictable. He also encouraged the boaters to exercise caution in order to avoid such accidents. If Illinois serious injuries have been suffered because of another’s negligence, the accident victim may wish to seek compensation from the liable party or parties. Such compensation may include medical expenses, lost wages, and damages for the pain and suffering that the accident victim has had to endure. An experienced attorney can be a powerful ally in bringing forth such a claim and helping a victim reach as full a recovery as possible.

Source: Morris Daily Herald, “ Boat accident Saturday leaves four injured ,” Jessica Bourque, May 26, 2014

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Ice cream recalled from Illinois stores suspecting allergen

Thu, 22 May 2014 05:49:00 GMT

There is no doubt that of all the inhabitants of Illinois, there are many who savor ice cream like a delicacy. There are even such people who would go to considerable lengths and pay even a steep price to get hold of their desired flavor of ice cream. However, one can scarcely imagine the trauma and disappointment that such a person can experience if after consuming the delicacy of choice, he or she suffers from some physical problem owing to the product turning out to be defective or dangerous or owing to toxic exposure of some defective ingredient.

Consumer safety is accorded considerable significance by law and therefore, any injury caused to the consumer from an Illinois defective product may lead to filing of a lawsuit under product liability. If the producer or manufacturer of a product has any reason to believe that a product contains any feature or substance that can cause discomfort or injury to a consumer and the same has not been represented properly while the product has been sold, then the producer or manufacturer may choose to recall the product.

A case in point is an ice cream company having chosen to recall two of its special flavored brands that have been sold across several states including Illinois. The company believes that the ice cream may contain egg, which has not been declared in its labels. Eggs can, under certain circumstances, act as an allergen to several people. Therefore, the company had to recall the products even though no customer has reported any incident of having fallen ill following consumption of the ice cream.

The customers have been asked to return the product to the store they have bought it from to get a replacement or complete refund of money. It is indeed a wise choice by the company to order a recall before any customer having fallen victim to such allergy can claim heavy compensation on the ground of product liability.

If a customer has already suffered an injury due to a defective product, he or she may choose to avail the services of an experienced lawyer to stake his or her claim.

Source: ConsumerAffairs.com, “ Kroger recalls two Private Selection Ice Cream flavors ,” James Limbach, May 5, 2014

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Illinois miner dies at work

Sun, 18 May 2014 09:20:00 GMT

A worker can suffer a workplace accident from a variety of causes, including falls from heights or defective roof structures, or machinery or while working with dangerous tools. But, it is a tragedy if a worker dies from a workplace accident.

In Illinois construction site injuries and other fatal accidents do occur from time to time, which is why workers, along with their family members, ought to be aware of their legal rights and entitlements in case of such an accident and how best to structure their claim so as to have the maximum chance of success. A recent fatality of a young coal miner is a prime example.

Caught between a mine and a coal rib, the miner suffered internal bleeding and blunt force trauma. The incident is currently being investigated by the Mine Safety and Health Administration. This same workplace had also witnessed the death of another miner a few months back. This may raise some pertinent questions about the degree of adherence to workplace safety protocols in that complex.

In case of such fatal accidents, not only do the members of the worker’s family suffer the traumatic experience of losing a loved one, but they also lose a source of income and often incur considerable medical expenses, as well as lost wages, which collectively subjects them to financial hardship in the process. Therefore, when a worker meets with a fatal accident at his workplace, his family members may be entitled to receive compensation from the employer, especially if the death was due to negligence or lack of foresight on the employer’s part.

Source: kmov.com, “Coal miner, 25, dies in southern Illinois,” May 16, 2014

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Downstate nursing home faces lawsuit because of resident’s death

Wed, 14 May 2014 05:05:00 GMT

Chicago residents expect nursing facilities to meet a standard of care that will keep their older loved ones safe and as healthy as possible, given their ages and medical conditions. These relatives also expect that any instances of Chicago nursing home neglect will be investigated by state authorities.

The death of a nursing home resident from medical issues, such as malnutrition and dehydration, that can be traced to neglect are clearly instances of nursing home abuse and are serious matters that can be addressed through criminal charges and civil lawsuits. A case in point is the recent lawsuit filed by the daughter of a woman downstate who died in January of 2013 while a Wood River nursing home resident. The daughter alleges that negligence on the part of the nursing home’s staff was responsible for her mother’s death. The lawsuit names VIP Manor, its nursing director and officiating physician and an Illinois medical group as defendants.

According to the daughter, when her mother was found in medical distress the resident physician ordered her to an emergency room for treatment. The staff, however, did not call for emergency responders for 30 minutes and then only requested a non-emergency transfer to an emergency room. When responders reached the woman, she was unresponsive.

The lawsuit alleges that delayed treatment led directly to the woman’s death. Other allegations include negligence in monitoring and medical assessment and failure to maintain an adequate number of competent practitioners. The plaintiff is seeking a judgment in excess of the minimum jurisdictional amount allowed in the Madison County Circuit Court.

Source: The Madison-St. Clair Record, “ Wood River nursing home blamed for resident’s death ,” May 5, 2014

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Illinois workers remember colleagues who died on the job

Wed, 07 May 2014 09:20:00 GMT

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Misdiagnosis common in outpatient clinics, study says

Thu, 01 May 2014 13:04:00 GMT

Identifying health problems is one of the main concerns of Chicago, Illinois, residents. Although some medical conditions are easily identifiable, others are not and may require professional attention. Readers should be concerned. One of the medical errors that can potentially cause harm to patients is misdiagnosis.

In a recently published study in BMJ Quality and Safety, researchers found that 12 million — or one in every 20 adults — are likely to be misdiagnosed in outpatient clinics each year. On top of that, misdiagnoses can have adverse implications, including death. According to statistics from the Society to Improve Diagnosis in Medicine, 40,000 to 80,000 people die each year because of misdiagnosis, making it the leading cause of medical malpractice claims in the United States.

Several factors can lead to erroneous diagnosis. Doctors can commit those mistakes because of uncertainty and decision-making issues. Another issue is providing patients with the right amount of information, including follow-ups and advice.

Doctors and patients can minimize misdiagnosis by working together. Patients, for instance, can make a list of their symptoms as well as any existing medical condition. Patient participation is important in all aspects that tackle their medical needs and doctors should engage them to do so.

Although not all misdiagnosis end in devastating outcomes, there are still possible repercussions because of avoidable medical mistakes. Chicago medical malpractice attorneys know that diagnostic errors can cause a patient’s medical condition to worsen and if detected too late, can cause death.

In addition to the emotional toll, injuries or death caused by medical negligence can result in substantial costs including hospital bills, lost wages and funeral costs. The victim’s family may choose to file a wrongful death claim or lawsuit against the hospital or health care provider to seek fair compensation.

Source: Healthline, “ One in Every 20 Adults Is Misdiagnosed in Outpatient Clinics Every Year ,” Sandra Levy, April 17, 2014

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Two pharmaceutical companies face wrongful death lawsuit

Thu, 24 Apr 2014 05:49:00 GMT

When medications are prescribed to address medical problems or illnesses, Illinois residents are like other Americans and expect that the pharmaceuticals will address their issues without creating harm. Unfortunately, some drugs with serious side effects come onto the market and put the well-being of people at risk, sometimes even causing death.

This seems to be the case behind a recent wrongful death lawsuit filed against pharmaceutical giants Janssen Research and Development and Bayer Corp. The suit was filed by the niece of a woman who allegedly died after taking Xarelto, a blood-thinning drug. The woman contends the companies aggressively marketed the medicine without warning of its adverse side effects. The lawsuit seeks punitive damages because of unreasonable marketing, failure to warn, fraud and wrongful death.

According to the lawsuit, Xarelto — generic name Rivaroxaban — can cause fatal levels of bleeding even if taken for a short period. The lawsuit cited the dangers of Xarelto based on a 2012 online article about the hazards of blood thinners. According to a report by the Institute of Safe Medication Practices, hundreds of injuries were reported in cases where Rivaroxaban is the primary suspect drug.

Drugs can produce negative chemical reactions that lead to serious and disabling conditions and even death. Unfortunately, such injuries could be prevented if manufacturers adhered to the strictest safety standards when manufacturing and marketing their products.

A Chicago products liability attorney can help a victim’s family file a wrongful death claim or lawsuit against a manufacturer of an unsafe medication and seek compensation for the loss of a loved one, which can be both emotionally and financially painful. The emotional pain from the loss of a loved one is often magnified by costs associated with the death, including funeral and medical costs and lost wages.

Source: Medical Daily, “ Blood Thinner Xarelto Blamed For Deaths And ‘Serious Injuries’ In Lawsuit ,” John Ericson, April 14, 2014

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Illinois handheld phone ban may not be reducing distracted driving

Wed, 16 Apr 2014 10:31:00 GMT

In January of this year, Illinois became one of about a dozen states to strengthen its distracted driving laws by banning the use of handheld cellphones. In order to make or receive phone calls behind the wheel, drivers will now have to use a headset or other hands-free device (including in-car systems that respond to voice commands).

The handheld ban was enacted with good intentions, but it may do little to actually decrease the number of distracted driving accidents . Contrary to popular belief, at least 30 studies have shown that hands-free devices are not really any safer while driving than handheld cellphones are.

April is Distracted Driving Awareness Month, and a group called the National Safety Council is promoting the message that “Hands-free is not risk free.” Despite the numerous studies showing that hands-free devices are equally dangerous, the NSC says, the majority of Americans still believe otherwise. The results of a national poll conducted by the NSC show that about 80 percent of those surveyed believe that hands-free devices are a safe alternative to handheld cellphones while driving.

The NSC’s senior director of Transportation Initiatives recently explained that “the problem is the brain does not truly multi-task. Just like you can’t read a book and talk on the phone, you can’t safely operate a vehicle and talk on the phone.” The fact that automakers are frequently including Bluetooth and “infotainment” systems in new vehicles probably adds to the misconception. Many drivers assume hands-free devices must be safe because automakers wouldn’t make them available as features if they weren’t.

If you are a strong advocate for ending the scourge of distracted driving on Illinois roads, please help spread the message that hands-free does not mean risk-free. Until we correct this widespread misconception, even well-meaning drivers may be putting themselves and others at serious risk.

Source: Insurance Journal, “ Why Hands-Free Cell Phones Are Not Safer: Safety Council ,” April 15, 2014

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GM’s recall spurs wrongful death lawsuit

Wed, 16 Apr 2014 05:49:00 GMT

The recent recall announced by GM for some of its cars has roused the interests of drivers in Chicago, Illinois concerned about consumer safety. The recall, which had been announced only in February, stemmed from faulty ignition switches in certain cars. This was an issue that GM was purportedly aware of as far back as 2004. Recently, after more than seven years, the family of the victim who allegedly died because of that defect filed a wrongful death lawsuit against the automaker.

In 2006, an 18-year-old woman and two of her friends were in a 2005 Chevy Cobalt when the ignition switch turned suddenly from run mode to accessory mode, disabling the driver’s ability to control the car. The vehicle swerved off the road, passed a ditch and grove of trees. The car finally stopped after hitting a telephone junction box and two trees. Unfortunately, the airbags did not deploy.

The car’s driver sustained severe trauma but survived. The front seat passenger died the same day. The other victim who was on the backseat died in a hospital 11 days later.

The deceased victim’s family filed a wrongful death lawsuit against the company. According to the lawsuit, GM was aware about the glitch but did nothing to prevent injuries or death. The suit contends that instead of issuing a recall or immediate repair or replacement, the company advised its dealers to tell owners to remove unnecessary things from their key chains. The defective ignition switch is linked to 13 deaths and 33 accidents in the United States.

In Illinois, Chicago products liability attorneys know that dangerous and defective automotive products can endanger the lives of many travelers. The family of deceased may file a lawsuit against a negligent manufacturer to compensate for their emotional pain and financial loss because of medical expenses, funeral costs and other damages.

Source: Austin Daily Herald, “ Crash victim’s father wants answers from Congress ,” Sarah Stultz, April 3, 2014

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Many questions remain unanswered in wake of fatal bus crash

Mon, 14 Apr 2014 09:47:00 GMT

One of the scariest and most devastating aspects of bus accidents is the potential for mass injuries and casualties. Although buses tend to offer more protection to passengers than smaller vehicles do, bus accidents involving trucks and similarly large vehicles can be devastating.

That was the grim reminder in fatal bus accident occurring last week in northern California. The crash is still being investigated and many questions have yet to be answered. What investigators do know, however, is that 10 people lost their lives and dozens more were injured when a FedEx truck collided with a bus and both vehicles became engulfed in flames.

At the time of the crash, the bus was carrying about four dozen occupants; most of which were high school students on a trip to tour colleges. Of the ten deceased victims, five were students. Three adult chaperones were also killed along with the drivers of both vehicles.

The FedEx driver veered into oncoming traffic and struck a sedan before ultimately hitting the bus. The truck left no skid marks, suggesting that the driver did not try to brake before the crash. The sedan driver reported seeing flames coming out of the truck even before impact with the bus, and this claim is being investigated. If a fire was present, excessive smoke inhalation could explain why the truck driver lost control of the vehicle and did not attempt to stop.

After a tragedy like this, victims and their families are left with more questions than answers. And this lack of closure only makes the grief harder to bear. For the sake of all involved, we must hope that investigators discover and disclose important information as soon as possible.

Source: Chicago Sun-Times, “NTSB examines claim truck was on fire before crash,” Fenit Nirappil and Joan Lowy, April 13, 2014

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Massive (new) Toyota recall eerily mirrors G.M. recall

Fri, 11 Apr 2014 10:33:00 GMT

The media is currently focusing intense scrutiny on auto giant General Motors. Over the past several weeks, G.M. not only recalled 2.6 million vehicles due to an ignition switch defect; the company was also compelled to admit that some of its employees had been aware of the defect for years. The faulty ignition switch can cause affected models to have their engines suddenly shut down and to have their electrical systems shut down. When this occurs, airbags can fail to deploy, seat belts can fail to restrain passengers and power brakes can fail to engage.

However, G.M. is not the only auto giant currently trying to deal with a massive recall scandal involving defective airbags . Earlier this week, Toyota announced that it is recalling approximately 6.4 million vehicles worldwide. These vehicles are being recalled due to a defect that could cause airbags to fail to deploy or seats to move in the event of a collision.

Both of these recalls involve defects that could result in preventable deaths. G.M.’s defect has already been linked to more than a dozen deaths. In addition, both recalls involve safety equipment that Americans have come to depend on in the event of a crash.

However, Toyota’s recall seems to be much more aggressive than G.M.’s recall. Rather than sitting on the knowledge of a fixable defect for years like G.M., Toyota has acted quickly on its knowledge. One senior analyst employed at Kelly Blue Book recently told the New York Times that, “They’re making a very bold statement that they’re going to stay on top of those recalls, no matter what the impact.” Given Toyota’s history of recall scandals, this revised approach is certainly a welcome development.

Source: The New York Times, “ Toyota to Recall 6.4 Million Vehicles ,” Christopher Jensen and Hiroko Tabuchi, April 9, 2014

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Two of Healy Scanlons’ newest associates win approximately a quarter of a million dollars in jury trial

Fri, 11 Apr 2014 09:19:00 GMT

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Surgical errors can leave patients with objects in their bodies

Thu, 10 Apr 2014 13:04:00 GMT

Every day, many residents of Chicago, Illinois, undergo surgical procedures and many of these come with inherent risks. One of the new developing risks that have been concerning patients is when doctors or other health care providers leave objects inside a patient’s body. Unfortunately, such events can have adverse negative implications on the patient’s health, exposing the patient to injuries or even death.

Health care experts call avoidable medical errors “never events” — mistakes that should never happen. Leaving sponges in patients who have been operated on is one medical mistake that should never occur in an operating room.

No single statistics can show how often such mistake occurs. Data from the Mayo Clinic has found that between 2003 and 2006, a case of an object left in a patient occurred in every 5,500 surgeries. A study of malpractice settlements conducted over two decades found that such never events occur more than five times per day.

The best way to make sure that a sponge will not be left inside a patient’s body is by counting the ones that go in. The Joint Commission, a non-profit organization, found that sponge counting mistakes occur about every 10 to 15% of the time. In most cases, where counting errors occur, the medical staff did not think an error was committed.

Technology is being developed to avoid surgical errors involving sponges. For example, a manufacturer has produced a technology that uses sponges with bar codes and counters.

Errors can still occur because of negligence, even with the new developing technology. Medical errors can result in a longer hospital stay, higher medical bills or even a patient’s death, which is then followed with funeral costs and lost opportunities. A Chicago medical malpractice attorney can help the family of a deceased patient should they choose to file a wrongful death lawsuit against a negligent hospital or medical staff.

Source: Bloomberg, “ Can Technology Stop Surgeons From Leaving Sponges Inside Patients? ,” John Tozzi, March 25, 2014

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CTA seemingly tries to deflect blame for O’Hare train accident

Tue, 08 Apr 2014 06:40:00 GMT

The O’Hare Airport train accident remains a major story in the news, with new details and revelations emerging almost daily. The train’s operator did admit to dozing off just prior to the crash, but it seems clear that hers was not the only negligence responsible for the train accident .

And initial report by the National Transportation Safety Board revealed that an emergency stopping mechanism was placed too close to the end of the track to effectively stop the train. The Chicago Transit Authority has since moved the placements these mechanisms (called trips) on other tracks.

The CTA also instituted new safety policies, including reducing the speed limit of incoming trains from 25 miles per hour to 15 mph. The agency is also proposing new rules that would limit train operators with less than a year of experience to working no more than 32 hours per week.

One of the first and most controversial moves that the CTA made in the wake of the crash, however, was to fire the 25-year-old operator who dozed off before the accident. The president of the Amalgamated Transit Union Local 308 has argued that there was no reason to fire the woman right away, as she is on medical disability and would not be operating a train anyway.

Moreover, the union president said: “There were several things that didn’t work, and there was human error. But we’ve made a scapegoat out of one person and not anybody else or the procedures.’’ In other words, the CTA’s rash decision to fire the train operator seems to indicate that the agency will not take any responsibility for problems that led to the crash.

Thankfully, lawsuits that have been filed so far seek to hold the CTA liable. Negligence lawsuits have been filed by at least eight passengers so far. In all, approximately 32 passengers were hurt in the crash.

Motor vehicle and mass transit accidents nearly always contain some element of human error. But in this case as in others, human error alone may not provide a sufficient explanation of what went wrong.

Source: Chicago Sun-Times, “Blue Line crash cost $9.1 million in damage, NTSB says,” Rosalind Rossi, April 7, 2014

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More ATVs spur more Illinois serious injuries, advocates say

Fri, 04 Apr 2014 06:25:00 GMT

While there are not many all-terrain vehicles traveling on Chicago, Illinois, roads, once the weather gets warmer, it becomes conducive again to ride recreational vehicles on many rural Illinois roads. Unfortunately, any increase in ATVs sharing the road with automobiles can mean additional recreational accidents, which can lead to Illinois serious injuries and fatalities.

Since 2012, many states, including Illinois, have considered or approved laws allowing ATVs to be used on more roads rather than designated trails. That is despite manufacturers’ warnings that ATVs are for recreational and other specific purposes, not transporting people on public roads.

Recreational vehicles, such as golf carts and ATVs, have high centers of gravity and low-pressure tires that can make it easier for the vehicle to tip over on an uneven surface. Additionally, ATVs do not have enough protection, which increases the chances of serious injuries during crashes. Moreover, although ATVs can reach highway speeds, these vehicles do not meet the same federal safety regulations that cars do.

The National Highway Traffic Safety Administration maintains vigilance on road safety, while the Consumer Product Safety Commission (CPSC) regulates ATVs. The problem is that these federal agencies do not have the authority to tell riders where they can and cannot use their ATVs. CPSC has been working on improving the design of ATVs to improve rider safety, but there is still no word on when any changes would be approved and implemented.

Every year, ATV accidents injure 100,000 people and kill at least 700 others — nearly two-thirds of the fatalities occurring on public or private roads. Safety advocates fear that opening more roads to all-terrain vehicles can result in a surge in ATV-related injuries, such as head, neck, brain and spinal injuries, or death.

The death of a loved one from an avoidable recreational accident can be overwhelming and costly. Fortunately, the victim’s family can choose to file a wrongful death lawsuit against a negligent party in order to seek compensation.

Source: Sun Herald, “Despite deaths, efforts to open roads to ATVs making headway,” Bridget Huber, Mar. 22, 2014

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O’Hare train accident part II: Examining the CTA’s safety record

Thu, 03 Apr 2014 06:40:00 GMT

Earlier this week, we began a discussion about the O’Hare Airport train crash that injured approximately 32 people. Although operator fatigue appears to be the primary cause of the train accident , the transit union alleges that fatigue is just one of many safety problems associated with working for the Chicago Transit Authority.

Late last week, the local NBC News affiliate reported on the CTA’s safety record over the past decade, and the report was not flattering. According to “NBC 5 Investigates,” The CTA had the highest number of train derailments, collisions and transit fatalities in the nation.

With an average of 15 collisions per year, the CTA had higher collision rates than cities like New York, San Francisco and Washington, D.C. The years 2009 and 2010 each saw 21 collisions.

There were five CTA derailments just last year. Over the last 10 years, the CTA also led in this metric. Since 2004, the CTA has also averaged six rail fatalities each year; the highest in the nation. It is unclear how many of these deaths were suicides.

Officials for the CTA have said that the Chicago Transit Authority stands by its safety record, noting that the trains carry some 500 million riders each year. Still, it is hard to explain away the fact that the CTA has higher fatality/collision/derailment rates than New York, which has the nation’s largest transit system.

One thing is clear: this train crash did not need to happen and could have been prevented. As with other CTA accidents over the past year, injured passengers will likely be filing lawsuits very soon.

Source: NBC Chicago, “ Data Shows CTA Ranks Near Bottom For Safety ,” March 28, 2014

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O’Hare train accident part I: Operator fatigue

Tue, 01 Apr 2014 06:40:00 GMT

One of the biggest news stories here in the Chicago area continues to be the crash of the Chicago Transit Authority train at O’Hare Airport one week ago today. An incoming train crashed into the terminal and actually climbed an escalator as it destroyed nearly everything in its path.

Transportation accidents of this magnitude nearly always prompt an investigation, and rightly so. Initial investigatory efforts have so far revealed that the train accident was likely the result of operator fatigue. The 25-year-old operator has admitted to falling asleep prior to the crash. The larger issue now being debated publicly is whether her fatigue was caused by personal issues and choices or whether it is indicative of larger CTA policy problems.

The operator in the crash is a member of Amalgamated Transit Union Local 308. The Union has come to her defense and blames the CTA for the way it handles staffing and shift schedules.

Union president Robert Kelly has said that in the week prior to the crash, the operator put in 69 hours at work. CTA officials say she only worked 55 hours, but neither side seemingly disputes the fact that she worked significant overtime.

Kelly also said the operator works irregular shifts at all times of day. She apparently calls in each day to find out her schedule and fills in for other operators when they cannot work their shifts. Inconsistent work hours coupled with considerable overtime could easily lead to fatigue and a higher crash risk.

Was the fatigue a result of poor individual choices or systemic problems at the CTA? If the operator was primarily to blame, was the CTA also negligent? Did other, redundant safety mechanisms fail? Please check back later this week as we continue our discussion. We’ll talk about other recent news reports suggesting that the CTA has a poor safety record compared to rapid transit systems in other major U.S. cities.

Source: NBC Chicago, “ Train Operator Behind O’Hare Crash Identified ,” Phil Rogers, March 29, 2014

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Human and mechanical errors looked at in Chicago train accident

Fri, 28 Mar 2014 06:40:00 GMT

Officials are still looking into what exactly caused Monday’s train accident when a Chicago commuter train somehow jumped the tracks, sending it crashing up to the top of an escalator at the O’Hare International Airport. In this crash, while more than 30 people were injured, miraculously no one was killed. However, this being said, officials need to get to the bottom of what happened — for if there is a next time — train passengers and pedestrians may not be as lucky.

According to the union that represents Chicago Transit Authority workers, operator fatigue — with the operator possibly even dozing off — may have been a contributing factor to the accident. However, this may not have been the only contributing factor, as federal investigators announced the day after the crash that a piece of emergency safety equipment may have also failed.

In looking at the possibility of human error — with the operator possibly dozing off during her shift — this may end up being indicative of a larger issue. According to the union president, the operator had started her shift at 8 p.m. This was after having 17 hours off. However, it was noted that she had recently put in a lot of overtime hours. Who knows, maybe this led to a dangerous level of fatigue?

In terms of the possibility of mechanical failure , there is an emergency braking system in place. An investigator said the side-track system was activated, but the train did still jump the tracks. Now, officials are trying to figure out if the emergency braking system activated on time.

At this time, there is no clear answer on what was the 100 percent cause — or contributing causes — that led to this accident. However, for those who ride the trains in Chicago, the message here is that when there is an accident with injuries, there may be more than one party responsible. An attorney who has experience handling train accidents will be able to provide more information on what next steps need to be taken.

Source: wistv.com, “ Emergency brake failed to stop Chicago train ,” Jason Keyser, March 25, 2014

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Industrial accident leaves worker dead in Illinois facility

Thu, 27 Mar 2014 09:19:00 GMT

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Distracted driving: Don’t become a death & injury statistic

Thu, 20 Mar 2014 10:33:00 GMT

Statistics are important to understanding large trends and concepts. But to most people, statistics don’t have much impact if they are not presented in a relevant and easy-to-grasp context. Perhaps this is why many Americans continue to engage in distracted driving despite data showing it to be dangerous and deadly.

According to data cited by the Centers for Disease Control and Prevention, 3,331 people died on U.S. roads in 2011 in car accidents caused by distracted driving . That same year, distracted driving accidents were responsible for another 387,000 injuries. These are large figures, but they may still seem abstract. To put it another way, distracted driving is responsible for nine deaths and 1,060 injuries every single day in the United States.

This is according to a report issued by the CDC last month. To break the data down even further, 44 people are injured in distracted driving accidents every hour, and one person is killed as a result of this dangerous behavior every 2.6 hours.

Several activities can be considered distracting when performed while driving, including eating and interacting with navigational equipment like GPS. But the CDC report notes that “texting while driving is especially dangerous because it combines all three types of distraction [visual, mental and manual].”

At this point, none of us can claim to be ignorant of the fact that distracted driving is dangerous. The data is clear. We are left, then, with just two choices: to either set aside our distractions and pay attention to the road or to add to the injury and fatality statistics we previously ignored.

Source: The Washington Post, “ Distracted driving: 9 die, 1,060 hurt each day, CDC says ,” Ashley Halsey III, Feb. 24, 2014

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Illinois road worker fatality prompts wrongful death lawsuit

Thu, 20 Mar 2014 09:19:00 GMT

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Prototype of ‘smart bike’ borrows auto safety features

Tue, 18 Mar 2014 10:33:00 GMT

By most accounts, the evolution of the automobile seems to be leading to self-driving cars. The technology currently exists but will probably require considerable testing and tweaking before it could be used on a large scale. For now, new auto safety features assist the driver by sensing and responding to exterior dangers that the driver either can’t see or cannot respond to quickly enough. Vehicles are also starting to “talk” to other vehicles for purposes of collision avoidance.

In comparison to these technological wonders, the bicycle seems decidedly low-tech. But there are those who want to change that. A group of college engineering students recently unveiled a prototype of the “Interactive Bicyclist Accident Prevention System,” referred to as a “smart bike” for short.

It looks like (and is powered the same way as) a standard bicycle. But mounted to the front and rear are two consoles that give the bicycle some safety features similar to those available in the most advanced cars currently on the market.

Laws being enacted in a number of cities and states say that cars are supposed to give bicyclists a three-foot buffer of space. But if you are riding in an area without a painted bike lane, the smart bike provides its own markers. Sensors on the bike detect if cars have come closer than three feet away from the bike. If and when they do, the consoles project green laser lines onto the ground that create an emergency bike lane.

The smart bike also has other collision-avoidance and driver-alert features. When cars and trucks come too close to the bicycle, the consoles “emit a loud message, telling the driver to move further away” according to a recent news article. The smart bike can even vibrate its handlebars to warn a bicyclist that he is approaching an intersection too quickly and needs to slow down or to stop.

This technology is still in the prototype stage, and we may not see smart bikes on the road any time soon. But once perfected, smart bikes could significantly improve safety for Chicago’s many avid bicyclists and bike commuters.

Source: Boston Globe, “ ‘Smart bike’ focuses on safety ,” Martine Powers, Feb. 16, 2014

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NW Chicago high school student struck and killed by Metra train

Wed, 12 Mar 2014 06:40:00 GMT

There are thousands of intersections throughout Illinois where trains, cars and pedestrians cross paths. Many of the most dangerous train crossings are found here in Chicago and in surrounding suburbs. Accidents at these intersections are often fatal, as a train-crossing pedestrian accident last week proved to be.

Early Friday morning, a 17-year-old student at Taft High School on the Northwest Side was hit by a Metra train as he walked to school. He was rushed to the hospital but died less than one hour after the train-crossing accident .

According to the Chicago Tribune, the student was wearing earphones when the crash occurred, which may have prevented him from hearing the train coming. In the wake of the crash, a Metra spokesman was quick to point out that the crossing gates were active at the time of the accident.

The railroad crossing is just three blocks from the school. Those who live nearby say it is a dangerous area, yet many students must walk across the tracks to get to and from school. At times, cars at the intersection also pose a danger to students. A local resident told the Tribune that “it’s not exactly the safest place. I used to tell my wife, ‘They need to have a crossing guard over here.’”

It is still unclear at this point if the train operator or owner was negligent in any way. But considering this railroad crossing’s proximity to a school, it would seem like a worthwhile and common-sense investment to either assign a crossing guard to the intersection or to enact other safety measures to protect pedestrians.

Source: Chicago Tribune, “ Teen dies after hit by Metra train near Taft High School ,” Mitch Smith, Mar. 7, 2014

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Proposed Illinois bill aims to limit water recreational accidents

Wed, 12 Mar 2014 06:25:00 GMT

Water skiing on Lake Michigan is an exhilarating activity that many Chicago residents enjoy with family and friends. Unfortunately, similar to other recreational activities, water skiing can be risky and can quickly turn into a tragedy.

Two years after a 10-year old boy was killed when he fell off his water tube and was hit by a passing boat in a water recreational accident, a Chicago legislator’s support helped pass a proposal that aims to prevent this kind of accident from reoccurring. The legislation will mandate a boater towing a skier or tuber to raise a flag if the skier or tuber falls into the water, in order to create greater awareness for other boaters. A House committee approved the proposal and it has been sent to the House floor for further debate.

Distress signals such as flags can be helpful in emergencies and can help save lives. However, it might take time before the proposed legislation becomes a law and, unfortunately, recreational accidents will continue to occur, many times because of negligence.

Chicago personal injury attorneys understand the devastating repercussions of water recreational accidents, such as jet ski and boating accident. Injuries suffered in a boating accident can be serious and often result in significant pain and suffering for a victim and his or her family. Aside from the emotional distress, a victim can have profound financial difficulties due to medical expenses, lost wages and other costs. If the victim dies, funeral costs can add up and increase the emotional turmoil of the victim’s family.

Carelessness, such as boating under the influence and inattention, can risk the safety of many people on the water. If boater negligence results in an accident, then the victim can seek compensation for his or her damages. If the victim dies, his or her family may file a wrongful death case.

Source: Daily Herald, “ Lawmaker’s proposal aimed at helping water skiers ,” Marty Hober, Feb. 27, 2014

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The Healy Law Firm located in Chicago, IL proudly announces its name change to Healy Scanlon Law Firm

Tue, 11 Mar 2014 05:27:00 GMT

The Healy Law Firm located in Chicago, IL proudly announces its name change to Healy Scanlon Law Firm. John P. Scanlon has been a partner with The Healy Law Firm for many years. John focuses his practice on representing people injured by defective products and workers injured while at their place of employment.

He is a member of the Illinois Trial Lawyers Association (ITLA) and the Association of Trial Lawyers of America, now the American Association for Justice (ATLA/AAJ). In 2010, John was appointed by The Illinois Supreme Court to serve on its jury instruction committee. John is currently the Secretary of the Illinois Trial Lawyers and is the past chair of the Illinois State Bar Association’s Tort Law Committee and the Products Liability Committee of ITLA.

He has obtained many awards and verdicts on behalf of injured workers, including a record $24,000,000 verdict for a young man who suffered paralysis as a result of a defective motorcycle and a $21,000,000 resolution for a family injured by a defective minivan. He has also successfully pursued appeals in the Illinois Appellate Court.

Healy Scanlon focuses on cases involving motor vehicle collisions, Interstate trucking Accidents, construction accidents, products liability and other types of serious personal injury cases. They take cases as far as they need to go to obtain just compensation for their clients. Their attorneys have successfully litigated cases in courts throughout Illinois, including the Illinois Supreme Court.

Some of their most successful cases involve catastrophic injuries and contested liability. It gives the attorneys at Healy Scanlon great satisfaction to come through for their clients when the odds are stacked against them. Their success comes from hard work, commitment and dedication to each, individual client

Healy Scanlon is known for record-setting verdicts . Examples of some record-setting results include:

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More passengers sue Chicago Transit Authority over train crash

Mon, 10 Mar 2014 06:40:00 GMT

Readers may remember hearing about an unusual train accident that occurred late last September in the western suburb of Forest Park. In that incident, which we first wrote about in October , a Chicago Transit Authority train was stopped at a station when it was struck by an unmanned and unoccupied train. Both trains were on the CTA’s Blue Line tracks.

Approximately 33 passengers aboard the stationary train were injured after being struck by what is now being dubbed a “ghost train.” Two personal injury lawsuits were filed relatively quickly after the incident. Earlier this month, a third lawsuit was filed by four others who were injured in the September 2013 train accident.

According to NBC Chicago, each of the four plaintiffs is seeking at least $50,000 in damages from the CTA, alleging that the agency engaged in “willful and wanton misconduct.” Of the four plaintiffs (who all suffered injuries in the accident), two were unable to work for a period of time because their injuries allegedly left them temporarily disabled.

News coverage of the lawsuit has not detailed the injuries suffered by the four plaintiffs or other passengers. But based on pictures of the crash aftermath, the force of the collision appeared to be substantial enough to cause traumatic brain injuries, whiplash and spinal-cord injuries. This is in addition to cuts, bumps and bruises.

Although it has been several months since the accident occurred, questions linger about the cause of the accident, what could have been done to prevent it and what will be done to prevent future incidents. Until or unless the CTA is able to address some of these issues in a satisfactory manner, it would not be surprising to see yet more passengers filing their own lawsuits.

Source: NBC Chicago, “ Third Lawsuit Filed After “Ghost Train ” Crash,” Mar. 6, 2014

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Jimmy John’s ‘freaky fast delivery’ policy blamed for fatal crash

Thu, 06 Mar 2014 10:35:00 GMT

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Illinois family files lawsuit against assisted-living facility

Wed, 05 Mar 2014 05:05:00 GMT

Just like anyone residing in nursing homes, people staying at assisted-living facilities have the rights to receive adequate care and treatment. However, such long-term care facilities are often subject to complaints of elder abuse and neglect.

For example, Sunrise Assisted Living has 19 facilities in Chicago, Illinois. The brochures used by the facility for their clients are impressive, detailing the adequate care they can provide for Illinois seniors. However, one family found out something else, after their mother died as a result of a Stage IV pressure sore.

The family filed a lawsuit against the Sunrise Assisted Living in connection to the preventable death of their mother. According to the report, the mother, who had multiple sclerosis and was using a wheelchair, began to stay in Sunrise Assisted Living in 2010. Her family chose the facility so that the staff could help her whenever she had to use the bathroom or do other activities.

However, the lawsuit alleged that the assisted living resident fell about 14 times at the facility because the staff failed to respond quickly whenever she had to use the bathroom. The victim’s daughter claimed that it takes more than 20 minutes before the staff responded to the call button request when she visited her mother.

The apparent elder abuse lawsuit accused Sunrise Assisted Living of failure to reposition and provide treatment to the victim in order to prevent her bed sores. The plaintiffs claimed that negligence of the facility contributed to the victim’s Stage IV pressure sore, which eventually killed her.

Families entrust their elders to assisted living facilities and nursing homes, but it seems that these are doing more harm than good for residents. Death as a result of Illinois elder abuse or nursing home neglect can be devastating for anyone. If it happens, the negligent nursing home facility may be legally responsible for the tragic loss.

Source: CBS Chicago, “ 2 Investigators: Assisted-Living Facility Neglected Resident, Suit Says ,” Pam Zekman, Feb. 24, 2014

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Railroad companies seeking stronger tank cars to carry oil

Tue, 04 Mar 2014 06:40:00 GMT

In January, we wrote about a growing concern among safety regulators in the United States. The National Transportation Safety Board has noted that the U.S. is in the midst of an oil boom due to increased domestic drilling and hydraulic fracturing. That excess oil is being transported across the country primarily by rail.

When transporting volatile materials like oil and ethanol, any train accidents are likely to be disastrous and fatal. In light of the fact that Chicago has long been a major rail hub, the dangers associated with this oil boom have been publicly discussed by the mayor and other city officials.

The U.S. Department of Transportation will eventually issue regulations for improving the safety of tank cars. But some companies are unwilling to wait and are addressing safety issues now. According to the Associated Press, BNSF Railway Co. recently announced that it would like to buy about 5,000 new tank cars with specific safety features that would go above and beyond what is currently available.

The extra features would include reinforcing both ends of the tank cars with steel shields approximately one-half inch thick. BNSF also wants tank cars with pressure relief valves on them.

What makes BNSF’s announcement especially noteworthy is that railroads don’t normally own the tank cars they transport. It seems as though BNSF predicts that the oil boom is likely continue and wants to make sure that the equipment carrying the volatile cargo minimizes the risk of a disaster in case of a train crash or derailment.

With so many tank cars carrying crude oil an aging infrastructure of rail lines, preparing for a major train accident is not so much an issue of “if,” but rather an issue of “when.” Hopefully, railroad companies will have already implemented their own safety precautions by then.

Source: Associated Press, “BNSF Plans To Upgrade Tanker Fleet After Accidents,” Matthew Brown, Feb. 20, 2014

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Icy highway sends semi and tour bus into a fatal crash

Fri, 28 Feb 2014 07:01:00 GMT

It has been a difficult winter for drivers not only here in Chicago, but throughout the United States. Even states unaccustomed to snow and ice have received both this winter, causing major cities to effectively shut down. There is little debate about the fact that extreme winter weather is resulting in more frequent and severe traffic accidents.

Icy road conditions were at least partly to blame for a deadly crash in Vermont between a jackknifed tractor-trailer and a tour bus. According to news reports, the bus driver was killed and several passengers suffered injuries as these two giant vehicles collided in a devastating truck accident .

For those who may not know, the term “jackknifing” (as applied to semi trucks) describes the type of accident in which the trailer begins skidding or otherwise moving in a direction independent of the cab pulling it. In many cases, the back end of the trailer may begin to skid to the left, ultimately turning the trailer sideways and blocking the entire roadway.

That appears to be what happened in this fatal crash. Police said the jackknifed truck was stopped on the road as the tour bus was cresting a hill. The bus driver also lost control, likely due to the slippery road conditions. The bus struck the trailer as well as highway guard rails.

There were approximately 31 passengers aboard the bus, two of which suffered moderate injuries. Most other passengers suffered only minor injuries. Sadly, 59-year-old driver was killed.

Although road conditions were at least partly to blame, it is not clear whether reckless/unsafe driving was a contributing factor in the crash. We all have a responsibility to drive extra cautiously when conditions are bad. But commercial drivers must be particularly careful.

Large vehicles like semi trucks and buses are difficult to control even under optimal circumstances. When road conditions are slippery or otherwise hazardous, these highway giants can be deadly.

Source: Chicago Sun-Times, “Police: Tour bus driver dead in Vt. truck crash,” Feb. 22, 2014

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The dangers of contaminated equipment to Illinois patients

Thu, 27 Feb 2014 13:04:00 GMT

Hospitals in Chicago, Illinois, should be wary about the latest controversy associated with the fatal degenerative disease called Creutzfeldt-Jakob disease (CJD). This rare illness might develop after patients are exposed to contaminated surgical instruments. CJD is caused by a rare type of protein that can remain on surgical equipment and endure standard sterilization procedures.

Unfortunately, a total of 4719 patients were involved in possible exposure to CJD over the past 14 years and some of the recent are the 18 patients at Forsyth Medical Center. Forsyth Medical Center informed the public about the disease, saying that patient’s exposure stemmed from possibly contaminated equipment. The surgical apparatus was used to perform an operation on a patient that was later diagnosed with CJD. The potential exposure lasted from January 18 to February 6.

Reportedly, there were seven hospitals that had incidents of patients’ exposure to CJD in the United States. According to the Centers for Disease Control and Prevention, in all seven incidents, patients were exposed after the hospital failed to perform enhanced sterilization procedures on the surgical equipment used on a patient with CJD.

Due to this, the Joint Commission, a non-profit organization that certifies hospitals in the United States, including those in Illinois, recommended disinfecting or disposing of instruments used in patients that have been suspected of carrying or diagnosed with CJD. Experts noted that the hospital should take extra caution in such matters and never risk other patients’ safety.

Patient’s exposure due to contaminated surgical equipment is simply unacceptable. Such adverse events could have been prevented if the hospital used adequate measures without risking patient safety.

However, there may be a legal remedy available, like a Chicago medical malpractice lawsuit, for Illinois patients involved in this kind of situation. Filing a lawsuit may not only hold the negligent parties accountable, it may also serve to remind hospitals that patient safety should be their number one priority.

Source: Winston-Salem Journal, “ Lawsuits common after discovery of brain disease mishap ,” Richard Craver, Feb. 16, 2014

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Another driver escapes death in Chicago-area train crossing crash

Mon, 24 Feb 2014 06:40:00 GMT

Last week we wrote about a Chicago-area train accident that could have easily been fatal. In that crash, icy and slippery roads caused a woman’s car to lose traction, leaving her in the path of an oncoming train. Although the front of her car was hit and spun around violently, the woman was able to walk away from the crash relatively uninjured.

Accidents at train crossings are an unfortunately common occurrence in the Chicago area and throughout Illinois. Another train accident last week in nearby Riverside occurred under slightly different circumstances but had a nearly identical outcome.

According to news reports, a woman’s car became caught between crossing gates due to heavy traffic on either side of the tracks. This put her directly in the path of an Amtrak train carrying nearly 100 passengers. Because of the traffic in front of her, she could not go forward.

Thankfully, drivers in other vehicles behind her were able to give her room to back up. Although her car was hit by the train, only the front of the vehicle was clipped. The police chief in Riverside explained that “if it had been maybe another 10 to 12 feet forward, it would have hit the driver’s side of her vehicle and we would be investigating a fatality.”

The collision spun the car around. The driver was treated for injuries, but there is no question about the fact that things could have been a lot worse.

As we wrote last week, this accident will hopefully serve as a cautionary tale to all drivers. Illinois has thousands of these train crossings, and each one poses a fatal risk to every driver crossing over train tracks.

Source: Chicago Sun-Times, “Metra BNSF moving again after Amtrak hits car in Riverside,” LeeAnn Shelton, Feb. 20, 2014

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Child safety seats recalled for defective buckles

Fri, 21 Feb 2014 05:49:00 GMT

A child safety seat is used to protect a child from harm in the event of a motor-vehicle crash, which is why many Chicago-area parents put them in their vehicles. Unfortunately, sometimes car seats suffer the same fate as other products that are found to be defective and are recalled.

Most recently, almost 3.8 million car seats made by Graco Children’s Products Inc. have been recalled because their buckles may not unlatch, posing a hazard to a child during an emergency. The National Highway Traffic Safety Administration says Graco should recall another 1.8 million rear-facing infant car seats because this product shares the same type of buckle as the recalled child safety seat.

The product recall affects 11 models of car seats sold by Graco from 2009 to 2013. Federal safety regulators point out that the defect could make it hard for a parent or others to remove a child from the seat during a fire or after an accident, increasing the risks of injury. The NHTSA points out that some consumers who had installed the seats needed to cut the belt material just to remove their children.

The manufacturer notes that no injuries have yet been reported, but the NHTSA has received 80 complaints about the seats.

Manufacturers of products for children and infants such as toys, strollers and car seats have a legal responsibility to make their products safe. If the product is defectively designed or unreasonably dangerous, the manufacturer can be held liable for damages in the event of an injury or death caused by the product defect.

Defective products are something that manufacturers have a legal duty to prevent. In the event a child is injured due to a defective car seat, an Illinois defective product s attorney can bring a claim against the manufacturer on the family’s behalf.

Source: Huffingtonpost, “Graco Car Seat Recall Applies to 3.8M Units of 11 Different Models,” Dee-Ann Durbin, Feb. 11, 2014

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Train-crossing accident in suburb of Chicago ends without injury

Wed, 19 Feb 2014 06:40:00 GMT

The especially harsh winter hitting the Midwest this year is causing more than a few problems for Chicagoans and others throughout Illinois. Heavy snowfall and extremely low temperatures often combine to create significant travel hazards and raise the risk of car accidents.

But car accidents aren’t the only danger when roads are slippery and icy. We also have to worry about crashes in areas where cars and trains intersect. Earlier this week, a woman’s car lost traction at a train crossing in the northwest suburb of Des Plaines, causing the smaller vehicle to be violently struck by an oncoming train. Amazingly, the woman was able to walk away from what could have been a fatal train accident .

A witness in the area managed to capture a cellphone video of the collision. It shows a Metra train slamming into the front, driver’s side corner of the 2005 Ford Taurus as it barrels down the tracks. The car was sent spinning around. Both the train’s horn and the sound of the impact can clearly be heard on the video.

There are thousands of intersections throughout Illinois where train tracks cross a roadway. While this particular accident could perhaps be blamed on the weather and poor road conditions, other train-crossing accidents often contain an element of negligence. This could include inadequate warning signage and malfunctioning crossing gates and lights.

Thankfully, this accident was neither fatal nor seriously injurious. These are rare outcomes when a train and car collide. Hopefully, the crash will be a reminder to all drivers about being extra careful when road conditions are slippery.

Source: NBC Chicago, “ Caught On Camera: Metra Train Slams Into Car ,” Feb. 17, 2014

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Federal regulators strongly condemn driver in Illinois truck crash

Sun, 16 Feb 2014 07:01:00 GMT

The fatal truck accident that recently occurred on Interstate 88 near Aurora has been a topic of much discussion – and not just on this blog. Although fatal truck accidents are sadly common, this case seems to be an especially strong example of what can go wrong when commercial truck drivers ignore hours-of-service rules and continue to drive well past the point of fatigue.

Even federal agencies are now weighing in on the truck accident that severely injured an Illinois state trooper and killed a Tollway worker. The U.S. Department of Transportation has called the truck driver an “imminent hazard to public safety.” Moreover, the Federal Motor Carrier Safety Administration has banned the trucker from operating any commercial vehicle for purposes of interstate commerce.

The fact that this truck driver has received such strong and swift condemnation from DOT and FMCSA officials is telling. The hours-of-service rules that limit driving time for truckers have been largely opposed by the trucking industry. Because of this controversy, the FMCSA has traditionally tried to appear diplomatic when making public comments about hours-of-service rules.

In the wake of a fatal truck accident like this one, however, there is not much to be gained from subtlety and neutrality. The at-fault truck driver allegedly falsified his driving log books and continued to drive not just beyond the limits imposed by the HOS rules but far beyond the limits dictated common sense. Prior to the crash, he had been driving for as much as 36 consecutive hours after getting only a few hours of sleep.

The response to the crash has made clear that such reckless behavior will not be tolerated by regulators. Commenting on the fatal truck accident, FMCSA Administrator Anne Ferro had this to say: “Commercial drivers that knowingly jeopardize innocent lives by violating safety standards and attempt to cover up their illegal behavior should have no doubt that we will vigorously enforce all federal safety regulations to the fullest extent possible by law.”

Source: CSN Chicago, “I-88 Fatal Crash Trucker Named ‘Hazard to Public Safety’,” Feb 11. 2014

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After ‘sudden acceleration’ scandal, Toyota takes no chances

Fri, 14 Feb 2014 10:37:00 GMT

At one time or another, every auto company will experience either manufacturing problems or defective parts that require a product recall. Although recalls may be expensive and are often inconvenient for both car companies and car owners, a well-handled recall will not significantly damage a company’s reputation or diminish customer loyalty.

But when companies try to downplay problems or delay an auto recall , it can be a recipe for disaster. Americans learned this lesson from the Toyota “sudden acceleration” scandal a few years ago. The company is still facing the financial and legal consequences of waiting too long to recall dangerous and defective vehicles.

Perhaps in an attempt to show that it has learned from past mistakes, Toyota is seemingly taking no chances in response to complaints about more recent vehicle defects. The automaker has issued a global recall affecting nearly 2 million Prius hybrids with model years between 2010 and 2014.

The vehicles may suffer from a reported software glitch that could cause the car to generate heat and damage certain circuits. The defect may also cause some vehicles to shut down while being driven, which could result in a dangerous stall.

So far, the identified defect does not seem to have caused any crashes or injuries. But it is arguably far better for an automaker to issue a recall out of an abundance of caution than to wait and see what happens.

Toyota has long been associated with high quality and reliability. If it continues to be proactive in issuing recalls and responding to potential safety issues, the company may be able to win back even the most skeptical consumers.

Source: Los Angeles Times, “ Toyota recalls Prius hybrid over glitch that can cause stalling ,” Jerry Hirsch, Feb. 12, 2014

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Medication errors cause nursing home neglect cases in Illinois

Wed, 12 Feb 2014 05:11:00 GMT

Cases of nursing home abuse may stem from elder abuse, bedsores, medication errors and malnutrition. In fact, a recent report indicated that medication errors in Illinois’s nursing homes have resulted in hospitalizations for residents. Unfortunately, there are also cases of Chicago nursing home neglect due to fatal medication error.

According to sources, there have been 384 nursing home-related medication errors since 2011. The Illinois Department of Public Health data revealed that one resident’s infection led to an amputation and two residents of care facilities died after medication errors were documented. For example, in 2005, an Illinois family moved their brother into The Renaissance Park South nursing home, thinking that doing so would be good for him.

Two years later, however, their loved one was diagnosed with gastrointestinal cancer and he was prescribed a cancer medication called Gleevac. However, the man’s condition deteriorated later and the family found out that the staff of Renaissance Park South failed to give the patient his required cancer medication for almost one year. The nursing home also failed to bring the patient back to his oncologists for follow up appointments. His cancer spread throughout his body and the patient eventually died. The family filed a lawsuit and reached a settlement with the Illinois nursing home facility.

A medication error can range from being given the wrong dosage to overdoses or the nursing staff’s failure to provide the daily medication. Considering that medication is vital for the health of many elderly people, a simple medication error could lead to complications or even the untimely death of a resident.

In Illinois, medication errors in nursing homes violate the safety standards implemented by the state for such facilities. Incidence of wrong medication or overdoses can lead to the revocation of a facility’s license. The nursing home facility can be held legally responsible for the patient’s death or for any complications suffered by the resident.

Source: NBC Chicago, “ Nursing Home Medication Errors Leading to Hospitalizations ,” Chris Coffey, Feb. 4, 2014

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Truck driver and company sued by family of Illinois trooper

Tue, 11 Feb 2014 07:01:00 GMT

Both of our posts last week focused on the fatal truck accident along Interstate 88 that injured an Illinois state trooper and killed a Tollway worker. Truck driver fatigue was blamed for the accident and the truck driver responsible is facing several felony charges.

The trooper remains in the intensive care unit in serious condition, with injuries that include second and third-degree burns, fractured ribs, a fractured clavicle and multiple cuts on his head and face. He has reportedly remained under sedation since the crash. Recently, however, the trooper and his wife became plaintiffs in a lawsuit filed against the truck driver and DND International Inc., the company the driver works for. This is according to an article that appeared today in the Chicago Tribune.

After a serious motor vehicle accident caused by driver negligence, a personal injury (or wrongful death) lawsuit is common, and is usually both necessary and appropriate. Even if criminal charges apply, victims still need to be compensated for things like medical bills, missed work and other significant costs.

In this particular case, the plaintiffs are suing for economic damages, disability and disfigurement, pain and suffering. The 38-year-old trooper and his wife have two young children at home; which likely makes this tragedy even more difficult to face. The lawsuit seeks more than $1 million in damages.

Piecing one’s life back together after a devastating event like this is often an overwhelming prospect. As a result of a truck driver’s decision to ignore safety rules and work much longer than legally allowed, one victim’s family is preparing for a funeral while the other victim’s family waits anxiously for medical news.

This crash should not have happened; a sentiment that is reflected in criminal charges and a civil lawsuit.

Source: Chicago Tribune, “ Lawsuit filed by trooper hurt in crash that killed worker ,” Meredith Rodriguez, Feb. 11, 2014

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