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chicago nursing home abuse lawyerIf you or a loved one is injured in a nursing home, it is essential to know your rights. Nursing home injury cases can be complex and involve multiple parties, so it is essential to understand the legal process and how to protect yourself. 

In this article, we will look at what your rights are with a nursing home injury, or even wrongful death, and what constitutes as a nursing home injury, and what you may expect if you move forward with your case. 

What Constitutes as a Nursing Home Injury? 

The first step to understanding nursing home injury law is to familiarize yourself with what constitutes a nursing home injury. This includes any physical or mental injuries caused by the neglect or abuse of staff members, residents, and visitors. Injuries can range from broken bones or head trauma to psychological harm such as depression or PTSD. Another scenario is if a nurse gives the wrong medication, which may fall under medical malpractice, especially if it causes injury or wrongful death. If you or a loved on endure an incident not stated here, still ask a lawyer if you have a case.

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chicago anesthesia error lawyerAnesthesia errors can be devastating, leading to serious injury or even death. If you or a loved one suffered an anesthesia error, it's important to understand your legal rights and how to take action. 

Various parties may be responsible for an anesthesia error, including the surgeon, anesthesiologist, or nurse anesthetist. It's essential to consult with a medical malpractice lawyer to determine who is liable so that you can take the appropriate legal action. 

Common Anesthesia Errors

Anesthesia errors can range from minor to severe, depending on the situation. Some common anesthesia errors include:

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Chicago Car Crash Injury LawyerThe Bureau of Transportation Statistics reports that, on average, a car crash occurs every 60 seconds in the United States. While many of these accidents are "fender benders" with minor property damage and no injuries, other accidents result in severe harm. Individuals injured in car accidents may be able to recover financial compensation for medical expenses and other damages through a personal injury claim. While we often think about car crash injury claims in the context of an injured driver, injured passengers may also be able to secure compensation through a claim.

Car Accident Injury Claims Involving Injured Passengers

If you've been involved in a car accident, you may be wondering whether you can file a personal injury claim if you were a passenger in the car. The answer to this question will depend on a number of factors, but it is usually possible for an injured passenger to bring a claim after a crash.

In most cases, injured passengers will be able to file a personal injury claim against the at-fault driver. However, if the at-fault driver does not have insurance or lacks sufficient coverage to cover the damages, the injured passenger may need to file a claim with their own insurance company. In some cases, the injured passenger may also be able to file a claim against the driver of the car in which they were riding if that driver was negligent.

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Chicago Construction Accident LawyerIn 2018, an Illinois scaffolding accident caught on camera made the rounds on YouTube and other social media. The video showed just how quickly scaffolding can come crashing down. Working in construction is one of the most dangerous occupations in the United States. Scaffolding accidents are just one of the potential hazards workers and bystanders must be vigilant about.

If you or someone you love has been injured in a scaffolding accident, it is important to know that you may be entitled to compensation for your injuries and damages. An experienced personal injury attorney can help you understand your rights and options under the law.

Liability in Scaffolding Accidents

There are many potentially liable parties in a scaffolding accident. The property owner may be held liable if they were aware of the dangerous conditions of the scaffolding and did not take steps to remedy the situation. The general contractor may also be held liable if they were aware of the dangerous condition and did not take steps to fix it or protect workers and bystanders. The company that manufactured the scaffolding may also be held liable if the scaffolding was defectively designed or manufactured. In some cases, more than one party may be held liable for a scaffolding accident. 

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Chicago Negligent Security Apartment Injury LawyerTenants in an apartment have certain legal rights. Landlords and property owners have certain legal responsibilities. One such responsibility is the obligation to provide a safe and secure environment for their tenants. When negligent security leads to a tenant's injury or death, the landlord may be held liable under what is known as premises liability.

If you have been injured in an assault or other crime on apartment property, you may be able to recover compensation for medical expenses, lost income, pain and suffering, and other damages.

What is Considered Negligent Security?

Apartment complexes have a duty to take appropriate measures to ensure the safety of their tenants. This means they must take action to deter and prevent criminal activity on the premises. There is no way to completely prevent crime or tenant injuries, but apartment landlords must provide a reasonable degree of security.

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Chicago Pedestrian Accident LawyerPedestrian accidents often result in severe or life-threatening injuries. If you or someone you care about was hit by a car, you may be eager to take legal action against the at-fault party. In most cases, legal responsibility or “liability” for a pedestrian accident falls to the driver of the vehicle. However, there are cases in which another party may be considered fully or partially at fault.

Injured parties or the surviving loved ones of deceased parties may be entitled to monetary damages for medical needs, funeral and burial costs, and more.

Elements of a Pedestrian Accident Claim

An injured person may file a personal injury claim and pursue financial compensation for damages if the following elements are present:

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Chicago Medical Malpractice LawyerOctober is Breast Cancer Awareness Month. Over 250,000 new cases of breast cancer are diagnosed each year.  While most women diagnosed with breast cancer will go on to live long and healthy lives, there are some who will suffer serious health complications or even death as a result of the disease. As with other types of cancer, early detection of breast cancer is key. The sooner someone is diagnosed with breast cancer, the sooner they can begin treatment. 

Sadly, not all women are diagnosed with breast cancer in a timely manner. Some women will go for years without knowing they have the disease. In some cases, this is because they do not have access to quality healthcare. In other cases, it is because their doctor failed to properly diagnose their condition.

If you or a loved one has been the victim of a failure to diagnose, it is important to know that you have rights.

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shutterstock_1235173258-min.jpgWhen someone visits the hospital, the last thing they expect is for the hospital visit to make them sicker than they already were. Unfortunately, approximately 1 in 31 hospital patients suffers a hospital-acquired infection. For individuals already suffering from other illnesses or injuries, an infection can be extremely dangerous or even life-threatening. If you or a loved one developed an infection while receiving health care, you may have a valid medical malpractice claim.

Nosocomial Infections Increase the Chances of Severe Illness and Death

Hospital-acquired infections, healthcare-acquired infections, and nosocomial infections are all terms used to describe infections developed at the hospital. Infections may be caused by bacteria such as Staphylococcus or E. coli, fungus, or viruses, including the influenza virus. Patients who acquire an infection may experience fever, fatigue, soreness, vomiting, and other symptoms. Sometimes, these symptoms develop while the patient is still staying at the hospital. In other cases, the patient does not realize he or she is infected until he or she has returned home. The consequences of nosocomial infections can be severe. Many patients are required to stay in the hospital much longer than they would have needed to stay otherwise. Some experience multiorgan dysfunction. Sadly, many people who suffer hospital-acquired infections do not survive.

Negligent Hospital Care and Substandard Hygiene Practices Can Cause Infection

Hospital staff have a critical role in preventing nosocomial infections. Often, infections are entirely preventable through thorough hygiene and sanitation practices. Staff should wash their hands with soap frequently – especially after touching patients. Protective equipment including gloves should be used to reduce the chances of spreading germs from patient to patient. Medical tools, equipment, patient beds, restrooms, and common areas in the hospital should be regularly sanitized. Failure to do so can be catastrophic to patients.

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Chicago Car Crash LawyerAlcohol affects cognition, perception, reaction time, and motor skills. When someone chooses to drink and drive, they are putting themselves and everyone else on the road in danger. If you or a loved one have been injured by a drunk driver, you may be wondering what legal options are available to you.

In many cases, filing a personal injury claim is the best way to hold a drunk driver responsible for a crash and recover financial compensation. The driver may face criminal charges for driving under the influence (DUI); however, criminal charges do not provide restitution for the victim’s damages. A personal injury claim, on the other hand, may help an accident victim recover damages such as medical expenses, lost wages, and pain and suffering.

Per Se Drunk Driving Laws in Illinois

In a typical car accident injury claim, the plaintiff must prove that the defendant acted negligently by driving in an unsafe manner. In a drunk driving accident claim, the plaintiff may be able to take advantage of Illinois’s per se drunk driving laws. Under these laws, it is automatically assumed that a driver who has a blood alcohol content (BAC) above the legal limit of .08 percent is intoxicated and, therefore, negligent "per se."

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Chicago Medical Malpractice LawyerWhen you have a mammogram, you likely believe that the health care professionals will ensure you receive quality care from start to finish. But tunnel vision and unconscious bias are some reasons radiologists will fail to detect breast cancer. These ways of thinking may save time and energy, but they can distort judgment and decision-making. Up to 35 percent of cancers are missed in the United States leading to medical malpractice lawsuits. Unfortunately, the longer it takes for diagnoses, the lower the chances of survival.

Common Cognitive Pitfalls for Misdiagnosis

Breast asymmetry is prevalent in women with dense breasts, but it is a common abnormality in mammogram results. If there is a sudden change in breast density or if the tissue is substantially uneven it could be an indication of cancer that is being missed due to cognitive bias.

Radiologists need to recognize their own unconscious bias to reduce misdiagnosis. New research suggests these four factors impair decisions that can be damaging to patients when examining the results of a mammogram:

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Chicago Birth Injury LawyerYou were hoping to take your healthy newborn home. The last thing you expected was for your infant to be injured after Pitocin was administered during birth. If your child suffered a birth injury, it is necessary to ensure that the responsible parties are held accountable for medical malpractice and that you receive full compensation.

Administering Pitocin to Induce Labor

Pitocin is a drug that is often given to women to induce labor. It is a synthetic version of the hormone oxytocin. The body naturally releases oxytocin in tiny pulses triggering contractions. In the hospital, however, a woman is given a continuous dose of Pitocin intravenously, causing stronger contractions that are closer together. When it is administered properly, it can help uterine contractions occur at a more regular rate. If it is given inadequately, it can result in injuries to both mother and child.

It is vital for your medical team to monitor the heart rate of both the mother and baby during delivery and that they respond promptly to any signs of distress. A fetal heart monitor will let doctors and nurses know when the baby is lacking oxygen and if the medication needs to be adjusted or if a cesarean section is required to prevent injury.

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Chicago Nursing Home Injury AttorneyThe Illinois Nursing Home Care Act defines nursing home neglect as "failure to provide or intentionally withholding “adequate medical care, mental health treatment, psychiatric rehabilitation, personal care, or assistance with activities of daily living."

Nursing home neglect is a serious problem that can result in physical and psychological injuries or even death. Everyone with an elderly loved one living in a nursing home should be vigilant for signs of nursing home neglect. 

Red Flags of Neglect in an Illinois Nursing Home

Nursing homes are legally obligated to provide a reasonable level of care to residents. However, not every nursing home meets this standard. Signs of nursing home neglect can include:

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Chicago Medical Malpractice Injury LawyerThe sooner cancer is discovered, the sooner treatment can begin, and the more likely the individual will survive. The American Cancer Society states that when breast cancer is detected in the localized stage, the survival rate is 99 percent. The longer it takes for someone to be diagnosed with cancer, the lower their chances of beating the disease. When it comes to breast cancer, early detection is key. 

If a medical professional's failure to diagnose cancer causes a patient's injury or death, he or she may be liable for damages through a medical malpractice lawsuit.

Detecting Breast Cancer 

There are a number of tests used to detect breast cancer, including mammograms, ultrasounds, and biopsies. Doctors and radiologists must recognize the warning signs of cancer and order the appropriate tests and treatments. 

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Chicago Car Crash Injury LawyerCar accidents are often a chaotic blur of metal scrapping metal and vehicle occupants being jostled around the inside of the car. Many accident victims do not even realize what happened until the accident concludes. In the moments after a crash, adrenaline courses through the body and can mask any injuries. Some injuries, like traumatic brain injury, may not be immediately apparent.

If you or a loved one were in a car accident, it is important to be aware of the symptoms of TBI so that you can get prompt medical attention if needed. Symptoms of TBI can appear immediately after the crash or possibly hours or days later.

Signs You Suffered a Brain Injury in a Car Accident

Headache is the most common symptom of TBI. If you have a headache after a car accident that does not go away or gets worse, it could be a sign of brain injury. Dizziness and loss of balance are also common symptoms. This can make it difficult to walk or stand. You may also feel nauseous and vomit as a result of the dizziness. Blurred vision, ringing in the ears, bad taste in the mouth, and changes in the ability to smell are all possible signs of TBI.

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Chicago Personal Injury LawyerNursing home residents trust that the staff will care for their needs and keep them safe. Sadly, many nursing homes miss the mark. Nursing home neglect and abuse is more common than many realize. It can take the form of skipped medication, overmedication, failure to provide for the resident's daily needs, and even intentional abuse.

If your loved one was harmed as a result of nursing home neglect or abuse, you may be able to take legal action against the facility.  An experienced nursing home abuse lawyer can help you understand your options and take steps to protect your loved one's rights.

Causes of Nursing Home Abuse and Neglect

What are some of the main causes of nursing home abuse? In many cases, it is the result of medical negligence, failure to provide medical care, medication mistakes, and understaffing.

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Chicago Medical Malpractice LawyerMost people have had one or two negative experiences at a doctor’s office or hospital. Some of these incidents are minor. A rude receptionist may treat a patient callously. A nurse having trouble finding a vein may need to poke a patient multiple times during a blood draw. However, some negative medical experiences are much more severe.

If you received substandard medical care or were the victim of a medical mistake, you may be unsure of whether the situation constitutes medical malpractice. This blog will explain the four main elements of medical malpractice as well as what you can do if you believe you have a potential medical malpractice case.

Medical Malpractice Defined

Not every instance of poor medical care is considered medical malpractice. Medical malpractice occurs when the following four legal elements are present:

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Chicago Semi Truck Crash LawyerSemitrucks, flatbeds, and other commercial trucks haul cargo across the country. There is no doubt that trucks are vitally important, but these massive vehicles can also be extremely dangerous. When truck cargo is not loaded correctly, it can increase the chances of a truck accident. Cargo may move around within the truck’s trailer, making it hard for the driver to control the truck. Shifting cargo can even cause the truck to tip over. Freight that is not strapped down well enough can also fall out of the truck and onto the road where it becomes a deadly hazard to other motorists.

If you or a loved one were involved in an auto accident due to improperly loaded and secured truck cargo, you may be able to take legal action against the trucking company or other at-fault party. You could be entitled to financial compensation for vehicle damage, medical expenses, lost income, and more.

Accidents Caused by Improper Loading and Securement of Truck Cargo

Inadequately secured cargo, unbalanced loads, and overloaded trucks pose such a threat that the Federal Motor Carrier Safety Administration has instituted specific cargo securement rules. Truck cargo must be secured well enough to withstand 0.8 g deceleration in the forward direction, 0.5 g acceleration in the rearward direction, and 0.5 g acceleration in a lateral direction. Tiedowns must be used to ensure that cargo cannot loosen or release during transit. Additionally, the weight must be distributed evenly on the truck and not surpass the gross vehicle weight rating (GVWR). Unfortunately, some truck drivers and trucking companies disregard these important rules either accidentally or intentionally.

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Chicago Nursing Home Neglect LawyerWhile elderly or disabled residents of nursing homes are more likely to suffer risks of aging and decreased mental faculties, not all of these risks are inevitable. One common but avoidable danger to nursing home residents is choking on food and drinks. Nursing home residents should not be choking on their food and drinks; nursing homes are responsible for assessing whether a resident is at risk of choking and providing a diet and administrative method that allows that person to eat and drink safely. If you have a family member in an Illinois nursing home who has choked and died, the nursing home may have been negligent in caring for your loved one. 

Choking is a Leading Cause of Death in Nursing Homes

Dysphagia, or difficulty swallowing, is a condition that affects a significant number of elderly adults. Victims of Alzheimer’s and Parkinson’s disease are more likely to suffer from dysphagia, as are patients who have had a stroke and patients who are old enough that they are suffering from muscle degeneration. 

Dysphagia can make nursing home residents more likely to suffer from other issues as well, including malnutrition, pneumonia, and death. Nursing homes know that patients suffering from dysphagia are more likely to choke on food and drink and must provide the assistance that patients need to eat safely. 

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Chicago Truck Accident Injury AttorneyBeing sleepy is typically a mere annoyance. However, when someone is operating a massive commercial truck, sleepiness can be deadly. Multiple studies show that drowsy driving is extremely dangerous. Fatigued drivers are less attentive and less capable of making sound decisions. They are slower to react to obstacles or hazards. Driving after being awake for 18 hours or longer has the same effect on driving ability as having a blood alcohol content (BAC) of 0.05 percent. If a driver has not slept in 24 hours, this is equivalent to having a BAC of 0.10 percent – twice the legal limit for commercial drivers.

The Federal Motor Carrier Safety Administration (FMCSA) limits the number of hours that a commercial driver may drive without taking a break to rest. However, some truck drivers violate these Hours of Service rules in order to complete their routes faster.

Semi-Truck Drivers Are Not Supposed to Drive Beyond the Limit

The FMCSA limits property-carrying drivers to 14 hours of drive-time. They are required to take a 30-minute break after 8 hours of driving. Commercial drivers are also subject to additional driving limitations including weekly drive-time caps.

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Chicago Reproductive Malpractice Injury LawyerThe recent Netflix documentary Our Father is bringing new attention to an extreme case of reproductive malpractice. The show highlights the history of an Indianapolis-area fertility doctor who impregnated unsuspecting women with his own sperm over the course of several decades. Many of the women were expecting to be impregnated by anonymous sperm donors, but others were expecting the offspring to be with their own husbands. To date, 94 children have been identified. So far, he has only been found guilty on a few counts of obstruction of justice and has escaped criminal prosecution for his actions. Individual lawsuits from some of the affected mothers and children, now middle-aged adults, have been more successful in collecting damages.

Examples of Reproductive Negligence and Malpractice

While this is an extreme example of malpractice, related cases of embryo mistransportation are not unknown. This can include implanting a woman undergoing fertilization treatments with the wrong sperm or eggs. This can lead to a woman unknowingly being impregnated with another couple’s child, having a child with an unknown party, or having a child born with a birth disorder or birth defect that should not have occurred.

Other examples of reproductive malpractice could include:

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