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Recent Blog Posts
Negligent Security at an Apartment Complex Can Lead to Assaults and Injuries
Tenants 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.
Taking Legal Action After a Pedestrian Injury
Pedestrian 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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Duty – The defendant owed the plaintiff a duty of care. In the context of pedestrian accidents, drivers have a duty to drive carefully and follow traffic laws. Vehicle manufacturers have a duty to ensure that the vehicle functions properly and does not contain dangerous defects that increase the chances of a collision.
October is Breast Cancer Awareness Month: Know Your Rights after a Failure to Diagnose
October 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.
Can I Sue for a Hospital Acquired Infection?
When 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.
How a Personal Injury Claim Can Help You Hold a Drunk Driver Responsible
Alcohol 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."
Why Do Radiologists Miss Signs of Breast Cancer?
When 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:
Was Your Child’s Birth Injury Caused by Pitocin?
You 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.
Recognizing and Addressing Nursing Home Neglect of an Elderly Person
The 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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Missed doses of medication
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Sudden weight loss or gain
Is a Doctor Legally Responsible for Failure to Diagnose Breast Cancer?
The 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.
Traumatic Brain Injury Symptoms after a Car Crash
Car 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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