Mammography is a technology that works wonders for many women by detecting breast cancer early enough that doctors can treat it effectively. Using x-rays, mammograms offer a safe and routine screening method for women over a certain age. But if a woman is at an increased risk of breast cancer, she may need to take additional measures to catch developing masses early. These include extra forms of screening, the most common of which is magnetic resonance imaging, or MRI. Using a magnetic field and computer-generated radio waves, an MRI creates detailed images of breast tissue that can show cancerous growths that a mammogram might miss.

However, no screening measures are effective if they are not used because a doctor ignores or misses risk factors and fails to order necessary diagnostic tests. Insufficient monitoring or follow-up during routine mammograms may lead to the failure to diagnose breast cancer and lawsuits for medical malpractice. 

Who is at an Increased Risk of Breast Cancer? 

Medical providers have many tools available to estimate a woman’s risk of getting breast cancer. Although there is no sure-fire way to predict whether a woman will develop breast cancer, some common risk factors include: 

Breast cancer is one of the most common types of cancer in the U.S. today. Approximately one in eight American women will develop invasive breast cancer during her lifetime, and even men can develop this insidious disease. Although there is no failsafe method for detecting and completely eliminating breast cancer, medical professionals such as women’s health providers, oncologists, and radiologists must meet a standard of care when detecting and treating breast cancer. Failing to adhere to this standard at any point during treatment may be medical malpractice that can result in unnecessary loss of life. One of the most helpful procedures for identifying a breast abnormality is called a “stereotactic biopsy.” In this blog, we will explore what a stereotactic biopsy is and how it can help detect breast cancer. 

What is a Stereotactic Breast Biopsy? 

Stereotactic breast biopsies are procedures that use X-rays to diagnose and locate tumors or other abnormalities in breast tissue. “Stereotactic” means that a machine uses two images of the same location, taken at slightly different angles. Stereotactic biopsies are less invasive than a surgical biopsy and patients have a faster recovery time. 

Doctors will often order a stereotactic breast biopsy when they see a suspicious irregularity on a mammogram. Stereotactic breast biopsies are widely considered to be the gold standard of breast cancer diagnostic tools because they are so good at locating the exact area of concern so that a biopsy needle can take a tissue sample at an exact location. 

Families in Illinois who struggle to conceive without medical assistance already have enough challenges to manage without having to face the consequences of incompetent or negligent medical care. Unfortunately, this does not prevent in vitro fertility (IVF) treatment professionals from failing to provide an appropriate standard of care when treating their patients, potentially causing great harm to the mother, an embryo, or a child developing in utero. 

Reproductive law is relatively new and presents unique and developing legal challenges. In this blog, we will reveal some of the common harms that can result from improper treatment in a fertility clinic. If you recognize yourself as having experienced any of these conditions, a fertility medical malpractice attorney may be able to help. 

Common Types of Fertility Malpractice and Injury

Fertility clinics exist to help people who wish to become parents but are struggling with fertility due to underlying conditions. Fertility clinics may also help preserve the eggs or sperm of people who hope to have children one day but are not yet ready. 

Every year, between 75-100 women die from complications related to pregnancy and childbirth injuries in Illinois alone. Even worse, the 2016-17 Illinois Maternal Morbidity and Mortality Report estimated that 83% of pregnancy-related deaths could have been prevented and the problem is serious enough nationally that around 11% of medical malpractice lawsuits each year are filed against OBGYNs for medical malpractice during pregnancy, labor, and delivery.  

Mental health conditions, substance abuse, and pre-existing medical conditions can all significantly complicate the process of giving birth, but they should not be a death sentence. Women giving birth in Illinois are entitled to expect a standard of care that takes into account complicating factors and comorbidities, and when doctors and nurses fail to provide the appropriate standard of care, the consequences can be tragic. 

What Factors Contribute to Maternal Mortality? 

Many people are surprised to learn that only one in five maternal deaths occurs during childbirth. The majority of maternal deaths happen in the time following the birth, when the mother and child are no longer at the hospital. Although there are many reasons that women die during or following childbirth, they are often due to one or more of the following: 

Having to decide whether or not to get an abortion is one of the toughest positions in which a woman can find herself. The emotional complexities of abortion are sometimes complicated by the fact that abortions do not always go according to plan. Sometimes women suffer serious and even fatal injuries due to medical malpractice on the part of their abortion provider. 

If you have been injured during an abortion, an experienced Illinois medical malpractice attorney may be able to help. Seeking justice, protecting your rights, and pursuing compensation cannot undo the suffering you have experienced, but it can be a step on the road to emotional and physical recovery. 

Medical Malpractice and Abortion

Medical malpractice occurs when a doctor or other medical professional causes a patient harm by failing to provide the appropriate standard of care. Unfortunately, sometimes women who seek abortions are the victims of negligence or incompetence from their abortion provider. Common types of abortion medical malpractice include: 

The number of licensed midwives in Illinois is set to expand as the state prepares to widen the criteria for allowing midwives to apply for licensure. Currently, only midwives with nursing degrees are allowed to practice in Illinois, but some professional midwives who are trained and certified would be allowed to practice with the change in the law that Governor Pritzker is expected to sign. 

Midwives are important health professionals who help women before, during, and after childbirth. Many midwives work in hospitals along with other medical staff, but some midwives help women who want to give birth at home. Unfortunately, not all midwives are properly prepared to help women safely give birth. When midwives fail to see and address potential complications during birth or attempt to handle cases where substantial medical risk is present, they place the health of the mother and child in jeopardy. In some cases, a midwife may be held responsible for birth injuries due to medical malpractice. 

Common Types of Midwife Medical Malpractice 

There are several common types of medical malpractice specific to midwifery, including but not limited to: 

The United States is a world leader in medical research and best practices. Unfortunately, even with such an elevated level of healthcare, medical professionals sometimes fail to serve their patients with the highest standard of care, with tragic consequences. 

Medical negligence can turn giving birth from one of the most memorable, intimate times in a parent’s life into a nightmare scenario. Even when they are not fatal, birth injuries can have a devastating long-term effect on a family’s emotions and finances. If you suspect you were the victim of medical malpractice during childbirth, an experienced Illinois medical malpractice attorney may be able to help. 

Common Types of Birth Injuries

Birth injuries can occur before, during, and after delivering an infant, and although they most commonly affect the child, the mother can suffer serious harm as well. Common birth injuries include, but are not limited to: 

Breast cancer is a pernicious, all-too-common type of cancer that primarily affects women later in midlife. Amazing progress in medical research has made it so that, when properly detected and diagnosed in its early stages, victims of breast cancer have overwhelmingly positive odds of survival - in some instances, up to a 99 percent five-year survival rate. 

But a misdiagnosis and or delayed diagnosis can seriously harm the chances of effective treatment. Left untreated, breast cancer often spreads and metastasizes, causing serious harm and even death. Failure to diagnose breast cancer can happen when a doctor does not order appropriate tests or misinterprets the results. If you have suffered as a result of a breast cancer misdiagnosis, a qualified medical malpractice attorney can help you understand your options. 

How is Breast Cancer Diagnosed? 

Breast cancer diagnoses frequently take place after a routine mammogram screening. Routine mammogram screenings are scheduled without any symptoms or signs of breast cancer - they are done preventatively and the science about how often they should take place is still evolving. 

Construction workers face some of the most dangerous work conditions in the United States. Every year, around 20% of fatal workplace accidents happen on a construction site, and many thousands of workers sustain serious or permanent injuries.

One of the most common ways that construction workers are injured or killed is through a fall. Falling from scaffolding, unfinished balconies, and other unprotected heights can cause brain trauma, paralysis, spinal cord injuries, broken bones, and even death. The Occupational Safety and Health Administration (OSHA) has instituted construction site regulations to protect workers from falling. 

What are OSHA Fall Protection Standards? 

Employees have the right to a safe workplace. If a construction worker or other employee is working at least six feet above the ground or a lower level, fall protection systems must be in place. Employers are required to provide these protections and are responsible for ensuring they are properly utilized. Some of the fall protection systems include: 

Scaffolding is essential at many construction sites for building and renovation. Well-constructed scaffolding allows painters, maintenance workers, window cleaners, and construction workers to reach high places safely and do their jobs on a stable walkway. In any given year, the Department of Labor has estimated that over 2 million workers use scaffolds, an enormous number that makes proper scaffolding use extremely important. 

Unfortunately, scaffolding mistakes can lead to severe injuries and even death. Scaffold use or erection errors cause thousands of injuries every year, and approximately 25 percent of fatal falls happen on scaffolding. Accidents involving scaffolds take an incalculable toll on the victims and their families. If you or a loved one has been injured or killed in a scaffolding construction accident, a personal injury attorney may be able to help you obtain financial compensation. 

What Are Common Causes of Scaffolding Injuries? 

The vast majority of scaffolding accidents are caused by one of the following circumstances: 

Ironworkers in Illinois perform many thankless tasks as part of their everyday job responsibilities. Some of these tasks, like reading blueprints, are fairly harmless. Others, like loading and stacking iron and steel, pose moderate dangers. But there are certain responsibilities ironworkers have that can be extremely dangerous. Putting together the steel skeleton of skyscrapers, reinforcing bridges and highways with rebar, and using heavy metalworking equipment can result in serious and even fatal injuries. 

To add to these difficulties, ironworkers are often exposed to hazardous weather conditions during Chicago’s infamous winters. Job sites may contain toxic chemicals or dangerous physical obstacles. Equipment is hot, heavy, and very powerful. In fact, the US Bureau of Labor Statistics estimates ironwork to be one of the most deadly jobs in the country. If you have experienced an ironworker accident, it is important to understand your options under Illinois law and speak with a personal injury as soon as possible. 

Common Ironworker Injuries

Due to the nature of the job, ironworkers face many common injuries. These are just a few examples of the more serious situations ironworkers may face: 

Going to the dentist is an unpleasant experience for many people. The general discomfort is often compounded by legitimate concerns about a dentist’s competence and ability to fix a situation, rather than make it worse. 

Unfortunately, visits to the dentist can result in treatment that does not meet an appropriate level of care. Physical pain and great financial expense can result from substandard dental treatment, to say nothing of the emotional turmoil patients experience. Sometimes, poor dental treatment can rise to the level of medical malpractice. When this happens, an experienced personal injury lawyer can help you determine if you have a case for damages. 

Common Types of Dental Malpractice 

Dental malpractice can cause harmful consequences, especially during more complex procedures like surgeries and extractions. Common types of dental malpractice include, but are not limited to: 

Medical malpractice cases are often appropriate when a medical professional causes harm to a patient by providing substandard care. A significant subset of medical malpractice cases results from anesthesiologist errors during general anesthesia (anesthesia that makes the patient completely unconscious). 

Anesthesia is inherently risky and requires extensive training and expertise on the part of the anesthesiologist. Sometimes adverse effects take place that are out of the control of the anesthesiologist. However, errors are often caused by negligence by an anesthesiologist who fails to provide a proper standard of care. When this happens, the victim may have grounds to file a civil lawsuit. 

What Are Common Anesthesia Errors? 

Anesthesia malpractice can occur during a medical preview before the operation, during the procedure itself, or following the procedure with improper follow-up care. Some of the most common anesthesia errors include: 

It is still early in the fall, but the Midwest’s famous weather events will begin happening more frequently, and Illinois drivers should be prepared. Rain, snow, and sleet reduce visibility and make road conditions much more hazardous, increasing weather-related car accidents. All this may leave Illinois drivers wondering: If a car accident happens that is directly or indirectly caused by bad weather conditions, who is responsible? 

Negligence and Bad Weather Conditions

Whether or not a driver is responsible (or “liable,” in legal terms) for causing an accident is largely dependent on whether the driver acted negligently. Negligence occurs when someone fails to do something that a reasonably careful person would do - or when someone does something that a reasonably careful person would not do - under similar circumstances. If a driver does not act reasonably in bad weather, they could be held liable for causing a car accident. 

But what exactly does “reasonable” mean in this context? Most people would agree that a driver is not obligated to creep along the main thoroughfare at three miles per hour just because the temperature is below freezing, and there may be a small chance of black ice. Despite the inherent difficulty in setting a strict definition as to what might be considered reasonable, courts and juries can make fair decisions based on the relevant facts. 

In January of this year, an 81-year-old woman with dementia left her Illinois nursing home residence and wandered away, eventually slipping on ice and falling. Police found her after a neighbor heard her calling for help. She was not wearing winter clothing in 25-degree weather, and her pants were soaked through with water. 

Fortunately, this woman’s life was saved due to the help of a watchful neighbor, but stories like hers do not always end well. This incident illustrates one of the most dangerous risks inherent in inadequate nursing home care: Residents wandering into unsafe areas or eloping from the facility and getting hurt. 

Negligence Can Lead to Residents Wandering Into Danger

One of the most common behaviors of individuals with dementia or other memory-related illness is that of wandering or elopement. Wandering refers to when residents walk around the nursing home facility itself; elopement is when residents leave the premises altogether. 

In July, several brands owned by pharmaceutical and consumer goods giant Johnson & Johnson issued recalls of sunscreen products over concerns that the products contain low levels of benzene, a cancer-causing chemical. These brands included products from Neutrogena and Aveeno. Johnson & Johnson’s actions were not required by the Food and Drug Administration (FDA), but rather were voluntary and done “out of an abundance of caution.”

Researchers have asked the FDA to issue recalls for more brands after they found evidence suggesting octocrylene, another carcinogenic chemical, may be present in sunscreens produced by major companies. The researchers are concerned that octocrylene degrades to benzophenone, which can interfere with important hormones such as estrogen. These recent developments raise important questions of product liability on the part of companies producing these products. 

What are Carcinogens? 

A carcinogen is a substance that makes the formation of cancer more likely, either by disrupting metabolic processes or by damaging a person’s genome. Smoking cigarettes is a well-known source of many carcinogens, and the effects of tobacco’s carcinogens and their contribution to rates of lung cancer have been well-researched and documented. 

Pitocin is a prescription version of the naturally occurring hormone oxytocin. Oxytocin is famously known as the “love hormone” for its important role in helping people bond with each other. Oxytocin also plays a major role during childbirth. When a woman’s body is getting ready for delivery, it produces oxytocin to induce contractions, the major muscle spasms that help push the baby out. 

Unfortunately, Pitocin is not always properly administered and its effects are not always sufficiently supervised in hospitals. This can lead to serious birth injuries for the mother and baby, up to and including neonatal death. This article discusses the uses of Pitocin, the risks of Pitocin, and what potential victims of Pitocin misuse birth injuries can do. 

When is Pitocin Used During Childbirth? 

Doctors sometimes give women Pitocin as part of the labor-inducing process. If a baby is likely to be too large when it reaches full gestational age, or if a woman has certain risk factors like preeclampsia or a stalled labor, a doctor may use Pitocin to begin or speed up labor and delivery. If used correctly, Pitocin will trigger the body to begin contractions or to increase the rate of contractions. 

Smoking cigarettes used to be ubiquitous. Virtually everybody smoked - even in places we now find ridiculous, like hospitals and airplanes. Then research proved the seriously detrimental effects of smoking tobacco, and although some people still smoke cigarettes today, the risks are well established. 

However, in recent years, electronic cigarettes (also known as vape pens or e-cigarettes) have skyrocketed in popularity. With the advent of legal recreational marijuana in states like Illinois, the use of vaping products is a large part of marijuana culture. Many people believe that vape pens are safer than traditional methods of smoking marijuana and that they face little or no risks from vaping. New research shows this is not the case and that consumers may face serious risks from the contents of vape pens, as well as from defective products. 

Vaping Causes Lung Illness

Corresponding with the increased use of vaping products, a new phenomenon known as “e-cigarette or vaping product use-associated lung injury,” or EVALI, has arisen. Victims of this health problem report symptoms such as chest pain, shortness of breath, fatigue, coughing, and other concerning respiratory issues. Thousands of cases have been reported, and people have even died. Most reported EVALI cases come from people who vape marijuana products. 

Construction workers in Illinois are a large part of the underappreciated workforce that makes our world go round. Every day, rain or shine, they show up to do the difficult work of building the places we work and live. Unfortunately, construction workers are exposed to the inherent risks of the job. Serious injuries and fatal construction accidents due to falls, slips, and contact with objects or equipment occur every year. In 2019 in Illinois alone, 30 fatalities and many more injuries occurred in the private construction industry. 

Who is Responsible for Construction Site Accidents? 

Ultimately, it is the responsibility of the employers to provide a safe worksite. Budgetary concerns and time constraints often pressure employers to cut corners, and workers face increased hazards as a result. Injured construction workers in Illinois are generally able to recover compensation for injuries and loss of income through workers’ compensation benefits. Illinois has a no-fault workers’ compensation system, meaning that a worker is eligible for benefits from the employer’s insurance whether the injury was the fault of the worker, a co-worker, or the employer. 

Additionally, when a third party is fully or partially responsible for the injury or death (such as other companies working on the same site or manufacturers of defective equipment), injured workers or the families of workers who died in an accident may be able to pursue damages through a personal injury claim. 

As we age, certain functions become more difficult. The elderly population is at an increased risk for falls and with decreased bone density, those falls are much more likely to cause injuries or death as a result. With nursing homes catering to the elderly population, it is important for Illinois nursing homes and those around the country to employ safety measures to help protect their residents from these incidents. Unfortunately, falls are a common occurrence. Each year, approximately half of all nursing home residents will experience a fall. The question when a resident does fall is what level of liability, if any, does the nursing home facility and staff have.

Factors for Establishing Liability

When a nursing home resident experiences a fall, the nursing home owner or person in charge of the facility can be found liable if they were negligent. Negligence can be proven if the owner or individual in charge:

• Owed a duty to the person who was injured - The owner or individual in charge of the nursing home owed a duty to the resident who fell.
• Breached their duty - The owner or individual in charge must have either taken action they should not have taken or failed to take action they should have.
• Caused injuries because of the breach - The actions or inactions of the owner or individual in charge led to the resident’s injuries.
• The injuries of the person who fell resulted in damages - The resident’s injuries resulted in damages (e.g. medical bills).

Situational Proof of Negligence

In some cases, the circumstances surrounding the accident demonstrate the negligence of the nursing home. For example, if the resident fell and suffered injuries due to water that had spilled and was left on the floor for an extended period of time, the nursing home could be found negligent for those injuries if any of the following applied: