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Illinois Nursing Home Resident Gives Birth, Prompting Arrest
An arrest with charges of nursing home sexual abuse was made last March after a resident with disabilities gave birth. A 22-year-old Chicago man who was a staff member of the nursing home was charged after the investigation led to DNA samples being taken from employees. A routine checkup found that the resident – who is nonverbal – was pregnant, and the next day, she gave birth.
The woman had been a resident in the facility for two decades and was unable to walk independently. Her existing medical conditions caused her abdomen to become distended, which is why the pregnancy was not apparent. While the incident is deeply disturbing, it highlights the need for better protection of residents in nursing homes.
The young man faces charges of Aggravated Criminal Sexual Assault, Aggravated Battery, and Criminal Sexual Assault. In this particular nursing home, most or all of the residents have profound developmental disabilities. Although there was limited access to the residents' living areas by outsiders, employees were not restricted.
Could a Failure to Diagnose Breast Cancer Alter Your Future?
October is Breast Cancer Awareness Month, bringing to light the fact that because breast cancer is a progressive disease, a misdiagnosis can be deadly. An early diagnosis of breast cancer is critical in fighting against the disease. When breast cancer is caught in the early, localized stages, the five-year survival rate is 99 percent.
More than 360,000 women will receive a diagnosis of breast cancer in 2024, and one in eight women will develop breast cancer during their lifetime. Additionally, about 2,800 men are diagnosed with breast cancer each year; while it is not common, it does occur. Currently, there are more than four million women living with breast cancer across the United States.
A missed diagnosis of breast cancer allows the disease to spread, which in turn leads to more adverse outcomes. In one study, physicians estimated that about 10 percent of women with breast cancer are initially misdiagnosed. Other studies find that the actual number of women initially misdiagnosed or undiagnosed with breast cancer is closer to 28 percent. Mammograms miss about one in eight breast cancers, compounding the issue of missed diagnoses.
Can I Sue If I Am Injured at a Chicago Restaurant?
Many people enjoy eating in the many fine restaurants in and around Chicago. Whether they choose small family-owned eateries or five-star establishments, diners expect to remain unharmed while on the premises. Restaurant owners are legally obligated to maintain safe facilities and serve safe foods and beverages. Unfortunately, not every restauranteur complies with these obligations.
If you suffer harm at a restaurant, you may be able to file a premises liability claim for compensation. This type of personal injury case can be tricky, but a competent attorney from Winters Salzetta O'Brien & Richardson, LLC knows how to establish liability and hold the at-fault parties accountable.
What Obligations Do Restaurants Have To Keep Patrons Safe?
The Illinois Premises Liability Act sets various expectations for property owners and occupiers. The responsible party should use reasonable care to keep invitees and licenses safe. For restaurants, reasonable safety precautions might include:
Does My Personal Injury Case Qualify for Punitive Damages? | IL
You probably know you might qualify for a settlement by filing a personal injury claim if you are injured in an accident caused by another party’s negligence. However, many people are unsure about what that settlement might include. Most provide compensatory damages, but only a small percentage of victims receive punitive damages.
How do you know if punitive damages apply to your case? What are damages, anyway? Understanding damages and what you may be eligible to receive is integral to personal injury cases. An experienced attorney from Winters Salzetta O'Brien & Richardson, LLC can help you get all the damages you are entitled to.
What Are Damages in Personal Injury Cases?
The term "damages" is used in different ways in personal injury claims. It can refer to specific categories of losses and the money you receive to compensate or reimburse you for those losses.
Compensatory Damages
Compensatory damages reflect the losses you experience resulting from your accident or incident. This category is divided further into economic and non-economic damages, which include:
How Much Is My Chicago Car Accident Claim Worth?
In 2022, there were 158,044 motor vehicle crashes in Cook County, IL. Many of those collisions produced injuries, and others caused fatalities. When someone else causes a car accident, you may be entitled to compensation.
How much will your settlement be? What damages are covered? For an accurate evaluation, call an experienced lawyer from Winters Salzetta O'Brien & Richardson, LLC to discuss your case. Although we cannot give you a one-size-fits-all answer, we can use case-specific factors to calculate the damages you deserve and work diligently to help you receive the highest allowable amount.
What Factors Are Used To Determine Car Crash Settlement Amounts?
Every accident is different, and no two settlements are the same. Your accident, injuries, and their impact on your life are unique. In Illinois, many injured car accident victims are eligible to receive compensatory damages, which are classified as economic and non-economic damages in a personal injury claim. A few victims may also be awarded punitive damages.
Can I Sue the Nursing Home for My Mom’s Infection? | IL
Placing your parents in a nursing home is often a heartbreaking decision. You entrust their care to the facility, expecting the home to adhere to mandated care standards. Unfortunately, these facilities do not always meet your expectations, leaving your loved ones to suffer.
If your mother gets an infection due to negligent care while she is a patient in a nursing home, you may be able to hold the facility accountable. How do you know if her case qualifies? How do you pursue compensation? Call Winters Salzetta O'Brien & Richardson, LLC today for your free consultation with one of our knowledgeable lawyers so we can answer your questions and explain your options.
What Kinds of Infections Are Common in Nursing Homes?
A nursing home patient’s overall health condition may make her prone to infections. However, proper care can often prevent common infections, such as respiratory infections, urinary tract infections, gastrointestinal infections, and skin infections such as bedsores.
Can I Sue If My Surgeon Left Gauze Inside My Body? | IL
Modern medicine saves many lives that would have been lost only decades ago and many surgeries that traditionally required several days in the hospital are now performed on an outpatient basis. However, today’s surgeons can make mistakes. It is all too common to leave surgical gauze, sponges, and tools inside the patient when the surgery is complete.
Does leaving a foreign object inside your body count as medical malpractice? How can an experienced lawyer from Winters Salzetta O'Brien & Richardson, LLC help?
What Happens When Surgical Gauze Remains in a Patient’s Body?
Some foreign objects, like a pacemaker or stent, are intended to stay inside patients. Surgical gauze, sponges, metal clips, and other tools should all be removed. An estimated 1,500 patients find themselves with retained surgical bodies annually in the U.S. The abdomen and pelvis are the most common surgical sites for these errors, with surgical instruments and sponges being the top foreign objects left behind.
Who May Be Liable for Your Truck Accident in IL?
Large trucks were involved in 6,397 crashes in Illinois in 2023. These collisions led to 3,203 injuries and 172 fatalities. You probably know that you may be entitled to compensation if you are involved in a truck accident, but do you know who is liable for paying you?
In many motor vehicle collisions, the drivers are the responsible parties. However, that is not necessarily the case with truck accidents. Several potentially liable parties can complicate your compensation claim. When you work with a knowledgeable lawyer from Winters Salzetta O'Brien & Richardson, LLC, we can help you overcome this and other challenges.
Avoid These 6 Things To Protect Your Car Accident Claim
If you are injured in a car accident caused by someone else, you may be eligible to receive compensation. Getting the amount you deserve from insurance companies is rarely easy, however. Liable insurers often use various strategies to reduce payouts, but there are also things you might do without realizing that you could be damaging your claim. One of our skilled Chicago, IL personal injury lawyers at Winters Salzetta O'Brien & Richardson, LLC can give you case-specific information and advice during your free case evaluation and help you protect your best interests.
1. Do Not Admit Fault
To receive compensation for your injuries and related losses, you must prove that another party is at fault for causing your collision. If you share responsibility, your degree of fault must be less than 51 percent to collect damages in Illinois, and your settlement amount will be reduced by that same percentage.
How Long Do You Have To File a Personal Injury Claim in IL?
Did you know there is a time limit for filing a compensation claim after an injury accident caused by someone else? Called a statute 
of limitations, this deadline is an important part of your personal injury claim. If you miss it, you will likely lose your opportunity to receive compensation.
Many people do not have the necessary legal knowledge or resources to effectively handle their personal injury claims alone, so they turn to an experienced Chicago, IL lawyer from Winters Salzetta O'Brien & Richardson, LLC for assistance. Because of the filing deadlines, it is best to contact us as soon as possible after your accident so we have enough time to build a solid case.
What Is the Illinois Statute of Limitations for Personal Injury Lawsuits?
In most cases in Illinois, you have two years from the date of your injury to file a civil personal injury lawsuit. As with most laws, there are exceptions to this two-year deadline. For instance, if the injured person does not discover their injury until a later date, the clock starts ticking on the date of discovery. If a government agency is an at-fault party, you only have one year to file a lawsuit. Other exceptions may apply to your case, and your timeframe depends on specific circumstances. Request your free consultation with Winters Salzetta O'Brien & Richardson, LLC to ensure that you do not miss your filing deadline.
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