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Recent Blog Posts
Can I Sue a Chicago Restaurant for An Allergic Reaction?
As many as 33 million Americans have food allergies, which translates to one in 10 adults and about one in 13 children. More than half of all adults with food allergies have experienced a severe reaction, while about 42 percent of children with food allergies have had a severe reaction. Those with food allergies rely on restaurant staff members to provide accurate information about whether the foods they are allergic to are in a specific dish.
Restaurants must also take every reasonable precaution to avoid cross-contamination. A customer can suffer a severe, even fatal, allergic reaction when the staff in a restaurant are careless or negligent. In such a situation, the restaurant owner, staff, and/or management may be held liable for injuries or death through a personal injury or wrongful death claim.
If you or a loved one had a severe allergic reaction - after questioning staff about the ingredients in a particular dish and letting them know you were allergic to a specific food – contacting an experienced Chicago, IL personal injury attorney is extremely important.
Are Punitive Damages Allowed in a Chicago Wrongful Death Claim?
The death of a loved one as a result of another person’s negligence can be devastating for family members. A wrongful death lawsuit can be filed on behalf of family members by the personal representative of the decedent (which could be a surviving spouse or next of kin). Unfortunately, under the prior Illinois Wrongful Death Act, families of those who died as a result of negligence were not able to collect punitive damages.
Punitive damages were also not available under the Illinois Survival Act, barring specific statutory authority or strong equitable reasons. Punitive damages are paid in personal injury and wrongful death lawsuits when the defendant acted deliberately, willfully, or maliciously. In other words, punitive damages go a step further to punish a defendant who not only caused the death but willfully acted in a manner that caused the death.
Suing an Illinois Nursing Home for Abuse or Neglect
Unfortunately, nursing home abuse and neglect are far more common than most people realize. The National Council on Aging believes as many as 5 million older Americans experience serious abuse each year, with many of these residing in nursing homes. Nursing home abuse and neglect can be traumatic for the victim and devastating for the victim’s loved ones. Older adults who are abused may become anxious and fearful or could suffer serious physical injuries that become long-term disabilities.
Bedsores, left untreated, can lead to serious infections and constant physical pain. Other common injuries from nursing home abuse include head injuries, back injuries, and sprained and broken bones. Finding out that your loved one has been abused is shocking. Perhaps you are considering suing the nursing home but are unsure whether you can sue and, if so, where to start. You and your loved one have rights in this situation. This is the time to speak to a knowledgeable Chicago, IL nursing home abuse attorney who can answer your questions and guide you through the process.
Anesthesia Errors – Including Being Aware During Surgery
A young mother recently passed away as a result of medical malpractice on the part of her anesthesia team during a C-section. The anesthesiologist was supposed to administer the drug bupivacaine but grabbed an ampule of digoxin instead. Digoxin is used for patients experiencing a heart attack. The ampule was not scanned at any time during the surgery.
When the young woman said she was experiencing pain, another anesthesiologist picked up the same ampule and administered another dose – again, without scanning or looking closely to ensure it was the correct medication. Shortly after the baby was delivered, the mother experienced severe dizziness, left-side weakness, a terrible headache, and paralysis.
The young mother was transferred to intensive care, where she was declared brain dead. During a medication count in the operating room, a nurse noticed the misplaced digoxin and reported the medical error. Unfortunately, anesthesia errors are all too common and can cause long-lasting physical injury, emotional injury, and death. If you are the victim of an anesthesiology error, speaking to a Chicago, IL medical malpractice attorney can help ensure you receive justice.
Stateville Correctional Center Faced with Wrongful Death Claim
A wrongful death claim against the Stateville Correctional Center was filed on November 14, 2024, regarding the death of a 51-year-old man who died in June while in custody of the Illinois Department of Corrections. The lawsuit claims that the correctional center breached the duty of care owed to prisoners by consistently and negligently ignoring the man’s requests for a doctor. The decedent had bronchial asthma, along with high blood pressure. Heat stress at the time was named as a contributing condition to his death.
The lawsuit alleges "deliberate indifference" to the man’s medical needs while also claiming that the prison population in Stateville Correctional Center as a whole consistently receives inadequate healthcare. More specifically, the allegations state that it is common for delays to occur both in the response to emerging health issues as well as in contacting emergency medical services for inmates.
Can a Failure to Diagnose Cancer Potentially Be Deadly?
Recently, a 40-year-old man settled a claim against a Chicago hospital for failure to diagnose his bowel cancer in a timely manner. The man went to the hospital with acute abdominal pain almost four years ago. Appendicitis was diagnosed following a CT scan, which also indicated a potentially cancerous area on the bowel with a notation that a colonoscopy was required to confirm bowel cancer.
The man was then discharged from the hospital without being told of the findings or that he needed a colonoscopy to confirm the suspicion of bowel cancer. Months later, after subsequent bowel issues, the man learned he had colon cancer and began recommended chemotherapy. While his cancer is now in remission, the plaintiff claimed in his lawsuit that if he had been properly informed of the potential bowel problem at the time he was hospitalized, he could have avoided chemotherapy, and his five-year survival rate would be higher.
The defense asserted it was the plaintiff’s responsibility to follow up with his own doctor after discharge; however, the jury was not persuaded and found in favor of the plaintiff. Failure to diagnose any medical issue can have devastating effects. Failure to diagnose cancer can potentially be deadly. If you or a loved one are dealing with a medical issue that a doctor failed to properly diagnose, you could benefit from speaking to an experienced Chicago, IL medical malpractice attorney.
Are Men or Women More Likely to Cause Auto Accidents?
There has been a longstanding debate about whether men or women are better drivers. While the stereotypes generally place women in the bad driving category, and while men report being much more confident in their driving abilities than women, neither of these is true. Men may be more confident in their driving ability, but this does not mean they are safer drivers.
In fact, men are significantly more likely to engage in risky driving behaviors and are involved in many more fatal crashes. Being involved in an auto accident is traumatic for either gender, especially when the accident is the result of the negligence of another driver. If you are facing injuries and cannot work due to an auto accident, you could benefit from speaking to a knowledgeable Chicago, IL personal injury lawyer.
Second-Story Porch Collapse in Aurora, IL Injures Ten People
A few months ago, ten people were injured, with seven of those hospitalized, following the collapse of a second-story apartment building porch. The ages of those injured in the accident ranged from one month to 31 years old. There were a number of serious injuries, but none were immediately life-threatening. Owners of the apartment declined to comment, and those on the scene could see no apparent reason for the collapse of the porch. The porch collapse blocked access to all upper-level apartments, forcing displaced residents to find other accommodations.
This type of accident is known as a premises liability accident. Property owners are generally liable for accidents caused by negligence, although the extent of that liability will depend on the type of visitor. If you have been injured as a result of owner negligence while on another’s property, you may be able to file a premises liability claim that will pay damages for your medical expenses, lost wages, and pain and suffering. Speaking to an experienced Chicago, IL premises liability attorney can be beneficial for you and your family.
What Are the Most Common Causes of Medical Malpractice?
Medical errors are the third-leading cause of death across the United States, after heart disease and cancer. While one Johns Hopkins study claims at least 250,000 people die in the U.S. every year from medical errors, others believe the number to be much higher—as high as 440,000. Many of these medical errors rise to the level of medical malpractice. There are four legal elements that must be proven in a medical malpractice claim.
The medical professional must have owed a duty of care to the patient and must have breached that duty of care. This breach of duty of care must have caused injuries, and those injuries must have corresponding damages. Medical malpractice claims also ask the question, "Would a similarly trained medical professional, given the same set of circumstances, have made a different choice?" If the answer to that question is "yes," then medical malpractice may have occurred.
Do More Holiday Hospitalizations Result in Medical Malpractice?
It is well known that being hospitalized in July or on a weekend is riskier for patients. This is largely due to factors like short staffing, fewer senior staff at work, and staff fatigue from an uptick in patients. Holiday hospitalizations can also be added to the list of riskiest times for hospitalization and medical malpractice to occur.
In fact, when it comes to death as an outcome or the necessity of readmission, CNN reported that patients discharged during the Christmas holidays were 13.3 percent more likely to be readmitted or to die within seven days. At fourteen days, the percentage increased to 18.6 percent, and in 30 days, it increased to 25.9 percent. Compare this to other times of the year, when the percentages were 11.7 percent, 17 percent, and 24.7 percent, respectively.
Although this study was done in Ontario, more than four million patient outcomes were examined, and the results are believed to be similar for the United States. While this might also indicate that hospitalization is fairly risky at any time, there is clearly a higher risk during the Christmas holidays. A Chicago, IL medical malpractice attorney from Winters Salzetta O'Brien & Richardson, LLC can help you get the justice you deserve.
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