Michael Helfand, Author at Illinois Lawyers

Gene Auriemma Vs. Dawn Staley, There Ought To Be A Law

By Michael Helfand
on April 7, 2026

Posted In Ought To Be A Law

The women’s college basketball Final Four was this past weekend in Phoenix. The highlight was South Carolina defeating defending champion Connecticut on Friday night. That ended a 54 game winning streak. It was a physical game and much closer than the final score.

The lowlight was that as the game was ending and the teams walked to midcourt to shake hands, Connecticut coach Geno Auriemma lost his shit and instead of shaking SC coach Dawn Staley’s hand and moving on, yelled at her. We later learned that he was mad because he felt she slighted her by not shaking his hand for a second time before the game started.

Let’s give Geno the benefit of the doubt and assume that he is correct and was slighted. Apparently it is tradition at the Final Four for coaches to shake hands after lineups are announced. That had shook hands before that, but not after the lineups. Geno said he waited for three minutes.

Even if he is correct, his response AFTER the game was over and he lost was terrible.

There Ought To Be A Law

The seemingly obvious truth here is that Geno was pissed that they lost. He was mad at the refs. He was mad at Coach Staley for “working” the refs. He said so during an in game interview. He was apparently mad that he did not get his hand shook a second time.

There is no way that he reacts this way after the game if his team had won. Do you think he would care enough about the “slight” to make it the focal point after a victory? Hell no! And he had no right to distract from the great SC victory.

There ought to be a law that governs post game handshakes. Say good game or something positive or just shake and keep walking. But if you start something, you are suspended and fined.

I have been a coach. One rule the powers that be always teach us is to tell parents and players that if they are unhappy about something from the game, give it 24 hours and if it still bothers you then, then we can talk. Here, Geno did not even wait until the game was technically over and he was complaining about nonsense. And he was making himself the story.

It is the job of these professionals to model appropriate behavior for the younger generations and those who are watching at home. We are not asking anyone to best friends. Just take your L, say good game, and move on. And if you can not do that, the NCAA (in this case) should suspend you.

And to show that it really matters and to prevent fights that have occurred in other games like the one below, if you step out of line or cause a disruption, it is a minimum five game suspension and a fine.

Let’s get the focus back on to the players. Save your gripes for the press conference or preferably just keep it to yourself. Otherwise you look like a big baby.

Better Than Getting Illinois Legal Advice From ChatGPT

By Michael Helfand
on April 2, 2026

Posted In Did You Know?

People are using AI tools like ChatGPT for answers to all sorts of things. Some people are smart and use it like a search engine. They also take it with a grain of salt and as one source of information.

Others treat AI like it is an expert and knows everything about everything. It’s like taking the opinions of Steven A. Smith or someone like that as “expert” because they talk loud and confidently.

What I have found is that people use AI tools when looking for Illinois legal advice, it is often because they do not want to pay a lawyer. I get that. In some cases, lawyers can be expensive. Of course ChatGPT won’t just ever tell you to call an attorney for a free consult.

How To Get Free Legal Advice That Is Better Than ChatGPT or Any AI

If the goal is to ask someone legal questions without having to pay for it, that exists. We founded our Illinois legal guidance and lawyer referral service 25 years ago today. During that time we have helped more than a half a million people with their legal questions. Sometimes they are basic, other times they are complex. It’s as simple as:

Call or email us. It’s confidential.
Speak to an experienced Illinois attorney for free.
We give you the same advice we would give to a family member or friend.

There are a few things that make us different and better than relying on an AI tool

We are actually attorneys.
If we do not know the answer to your question, we won’t hallucinate and make something up. Our goal is to be honest and direct, not tell you what you want to hear.
We can ask you the questions you are not thinking about. Maybe you got fired, but do not realize you have a work comp case. Perhaps you believe you are owed a life insurance payout, but haven’t checked to see who the beneficiary is.
We know who to ask about unique situations to get the answer right.
We know what the law is and how it works. For example, you have a right to represent yourself in court, but AI is probably not going to know which Judges that strategy will go sideways with.
As Illinois attorneys, we are keeping up with current case law and know how to differentiate new case law and laws with old ones.
You can’t hire AI and AI will not protect you from a statute of limitations violation.

We could go on, but the bottom line is that with services like ours, you get FREE legal advice that you can be confident is correct. So if you ever want a free case review, call us at 312-346-5320. We cover all of Illinois.

Hot Coffee Spill Lawsuits In Illinois

By Michael Helfand
on March 31, 2026

Posted In Injury Cases

From before I became a lawyer in 1997, I have heard jokes about “people getting rich from spilling coffee on themselves.” This all stems from a case that started back in 1992 when an older woman was severely burned due to a McDonalds coffee lid not being secured. While the case eventually settled for an undisclosed sum, the woman was awarded $2.9 million by a jury.

What most people do not know is that the third degree burns she suffered in her pelvic region were so severe that she was hospitalized for eight days. She had skin grafts and two years of medical care. She originally tried to settle for just $20,000 to cover her medical bills. When McDonald’s refused, she sued. During the trial it came out that the store kept its coffee much hotter than other local retailers did. It was also disclosed that McDonald’s had over 700 reports of burn injuries in the decade prior to this.

So whole many people joke that this was a frivolous lawsuit, it was actually quite legitimate. The reality is that lawyers do not take on cases they know have no merit and juries do not award such large sums when it is not deserved.

And while they have not gotten the same level of publicity, there continue to be similar cases filed for negligence in hot coffee spills. In fact a jury in Los Angeles last year awarded $50 million to a woman who ordered three secret menu items from an LA Starbucks. One of those drinks was not properly secured and caused a significant burn to the penis of the customer. This caused disfigurement, nerve damage and makes sex a very painful experience.

Of significance in this case is that video footage clearly showed that one of the drinks was not properly secured which caused it to spill seconds after the customer took it.

These cases are about negligence. It is no different than you walking into a store and slipping on a recently mopped floor where there wasn’t a wet floor sign or getting rear-ended at a stoplight by someone who was on their phone. And it is essentially the same as ordering coffee at a sit down restaurant and having the waiter trip and spill it all over you. All of these acts happen due to negligence and the remedy for that is to bring a lawsuit.

There have been similar lawsuits filed in Illinois. Every case is fact dependent. We would need to know why there was a spill, what your injury was and what medical care you received. And while most cases are not worth millions, many are worth in the high five figures or somewhere in the six figures.

The 1992 McDonald’s case does make these cases a little more challenging because for many potential jurors it is all they know about personal injury law and they are not actually aware that case was very legit. But when you have good facts and can prove the business you got coffee from was negligent, you likely have a case and can make a recovery to pay your medial bills, lost wages and pain and suffering.

If you would like a free Illinois personal injury case review, give us a call at 312-346-5320 to speak with a lawyer any time. All calls are confidential and every case is handled on a contingency basis which means you only pay if you win the case.

Sexual Assaults By Uber Drivers

By Michael Helfand
on March 26, 2026

Posted In Injury Cases

We have been helping victims of sexual assault since 2001. If you would like a FREE, confidential case review with a lawyer, please contact us any time.

The rise of ridesharing applications like Uber and Lyft has permanently transformed urban transportation, providing unprecedented convenience and economic flexibility. However, managing massive networks of over one million active drivers across the United States introduces severe systemic risks. Despite corporate screening protocols, background check failures frequently allow dangerous individuals onto the platforms.

Tragically, this gap has resulted in numerous passengers being subjected to rape, physical violence, or sexual assault by their drivers. If you or a loved one has experienced this trauma, please know that you are not alone and that there are direct avenues to pursue civil justice, hold these tech giants accountable, and secure your long-term recovery.

Emergency Protocol: 3 Immediate Steps to Take After an Assault

If you have just escaped an unsafe rideshare encounter and are in a secure location, executing these three steps is vital for both your personal well-being and your future legal rights:

1. Contact Law Enforcement Immediately: Call 911 to report the incident. Request that responding officers dispatch a specialized detective, secure the driver’s immediate vehicle data, and issue an official police report.
2. Seek Immediate Medical Evaluation: Go directly to a hospital emergency room or a specialized crisis center for a forensic examination. This ensures your physical health is protected and preserves critical, time-sensitive physical evidence.
3. Retain Rideshare Data and Contact Counsel: Do not delete your Uber or Lyft app history. Take screenshots of the driver’s name, profile photo, license plate number, and the mapped route history, then contact a specialized civil litigator.

Can You Sue Uber or Lyft for an Assault Committed by a Driver?

Yes. Uber and Lyft have historically attempted to shield themselves from corporate liability by asserting that their drivers are independent contractors rather than traditional corporate employees.

However, aggressive personal injury litigation has systematically dismantled this defense in courtrooms nationwide. Plaintiffs’ attorneys have successfully argued that because the tech platforms exercise immense control over fare distribution, navigation routing, and driver access, the drivers act as legal agents of the corporation.

Under the doctrines of agency law and negligent vetting, juries have repeatedly held rideshare corporations financially responsible for the criminal actions of their drivers. In a prominent recent example, a jury awarded a survivor $8.5 million in damages against Uber due to an assault committed by a driver. Currently, Uber faces more than 3,000 active civil lawsuits filed by survivors of rideshare assault, many of which are grouped into centralized Multi-District Litigation (MDL) platforms to maximize discovery leverage.

How to Build a Successful Civil Case Against a Rideshare Platform

Because corporations deploy massive, aggressive defense teams to protect their brand reputations, winning a rideshare liability lawsuit requires flawless strategic preparation. Your legal strategy should incorporate several core elements:

1. Documenting Emotional and Psychological Damages

Rideshare assaults are intensely traumatic, life-altering events. Securing continuous psychiatric care, trauma counseling, or psychological therapy is vital for your personal healing process. Legally, these medical treatment records serve as objective, foundational proof of the deep emotional distress and mental suffering required to maximize your case’s damages framework.

2. Initiating Early Discovery Vetting

Do not delay in contacting legal counsel. Rideshare companies operate on strict data-retention schedules. An experienced civil attorney must immediately issue formal “spoliation letters” to legally compel Uber or Lyft to preserve the driver’s in-app GPS coordinates, interior audio recordings (if applicable), passenger complaint histories, and internal communications regarding the incident before they are permanently erased.

Addressing Privacy and Cost Barriers for Survivors

It is completely natural to feel hesitant, overwhelmed, or anxious about the prospect of reliving a traumatic event within a legal framework. Elite legal groups prioritize survivor safety, absolute discretion, and mental health boundaries through structured accommodations:

Complete Anonymity (John/Jane Doe Filing): To safeguard your personal privacy and prevent your story from being searchable by the public or employers, your attorney can petition the court to file your lawsuit anonymously using a standard placeholder pseudonym.
Gender-Matched Legal Staffing: Your emotional comfort is a non-negotiable priority. If you feel more secure, validated, and comfortable detailing your experience to an attorney or investigator of your same gender, your firm will make that accommodation instantly.
Strict Contingency Fee Structures: You do not need personal wealth to sue a multi-billion-dollar corporation. Every legitimate rideshare assault case is managed on a 100% contingency fee basis. There are zero upfront out-of-pocket costs, and your legal team only receives compensation if they successfully win a financial recovery or settlement for you.
Total Autonomy and Case Control: You remain in control of your legal path at all times. If you choose to halt the litigation process at any point due to personal boundaries or emotional distress, your legal team will respect that decision without pressure.

Connect with a Trusted Rideshare Assault Litigator

Since 2001, we have provided compassionate, objective, and completely confidential guidance to survivors navigating civil litigation. We do not operate a high-volume marketing mill, nor do we accept payments from law firms to recommend them.

We take these cases very seriously and promise to do whatever we can to help. If you have been a victim of sexual assault or abuse, please call us any time at 800-517-1614. All calls are free and confidential.

What Is A Reasonable Illinois Personal Injury Attorney Fee?

By Michael Helfand
on March 19, 2026

Posted In Injury Cases

We have been helping people since 2001 with Illinois legal matters. You can talk to our lawyers for free to ask questions or get our opinion as to which law firm is best suited to handle your case. Contact us at 312-346-5320 for a free case review.

Some areas of injury law in Illinois have caps on attorney fees. Medical malpractice lawyer fees can not exceed 33 1/3%. Illinois workers’ compensation attorneys can not receive more than 20% of what they recover and in bigger cases that percentage is lower. If you are suing the Federal government under the Federal Tort Claim Act (FTCA), lawyers fees are capped at 20-25% of the recovery depending on whether there is a trial or not. In fact if your contract states you will receive more than that, it is a crime by the lawyer.

One area of law that does not have a cap on it is lawsuits for personal injury. These include cases like car accidents, slip and falls, truck crashes and general negligence lawsuits. As a result we get contacted a lot by people who are considering hiring a lawyer to see what we think about the attorney fee being charged.

Illinois personal injury attorneys can charge what they want for their services. The only caveat to that are state ethical rules that the fee must be reasonable. Sadly, many of them will ask you to agree as much as they think they can get away with and they will hope that you will not challenge it.

We see a lot of contracts where the attorney says something like this:

1/3 if settled before trial; 40% if the case goes to trial; 50% if there is an appeal.

In my opinion, for most cases, that is excessive. The 1/3 is relatively standard and appropriate. 40% if you go to trial and certainly 50% if there is an appeal seems like a money grab to me. I personally would not agree to that type of contract. I would only agree to 1/3 unless there are very unusual circumstances involved or some incredible effort is involved.

I have also seen contracts where the fee goes to 40% if a lawsuit has to be filed and 45% if there is a trial. That is wrong in my opinion.

Potentially going to trial is the lawyer’s job. It would be great if a case could settle before then, but you need a firm that is willing to take cases to trial when needed to get the maximum recovery.

I find these higher fees especially bothersome when the attorney knows that there is not much insurance available. If you get in a car accident with someone who has a $100,000 insurance policy, the most you can likely recover is a $100,000. If the lawyer is taking 40%, that is almost $7,000 out of your pocket when all is said and done.

There are two points that I think people really should be aware of when it comes to Illinois personal injury attorney fees. The first is that you do not have to agree to these terms and can always seek other opinions or ask them to not go above 1/3. In fact when injuries are catastrophic, some firms will cut their fee to 30%, especially if there is good insurance such as being hit by a commercial vehicle.

The second point is that you have to remember that some cases are simply worth more in the hands of some lawyers as compared to others. If you are hit by a semi truck and end up needing a couple of surgeries (or something worse like death or paralysis), that case is likely worth more than $1 million. With some firms the best outcome might be $2 million which sounds great. But if another firm could take the exact same case and get $10 million, they are the one for you. Even if the second firm charged 40% (which they should not do), you would still end up with much more money.

If you have questions about an Illinois personal injury contract or want our opinion as to which law firm is best for your case, please contact us any time. No attorney pays us to recommend them. We will give you the same advice we would provide friends or family if they were in the same situation as you.

Strippers And Sexual Abuse Lawsuits In Illinois

By Michael Helfand
on March 12, 2026

Posted In Litigation

In what is probably a surprise to nobody, strip clubs and other places with exotic dancers are often owned and/or run by people who are not the most reputable people. Some don’t think that rules or the law should apply to them. We have seen instances of them wrongly classifying employees as independent contractors. They do this to skirt laws around taxes, wages and discrimination. We have seen a lot of tip theft. And worst of all, we have seen them encourage or ignore serious sexual assault and harassment.

When you go to a strip club there are rules. A lot of those rules apply to the patrons. Unfortunately some of these patrons are inebriated or do not see the entertainment as people that they need to respect. This treatment is gross. As a result it is not uncommon for there to be situations where the clients expose themselves, grab body parts that they do not have permission to do so and commit actual assault and battery through acts like biting, choking and hitting.

In our experience, most clubs will not tolerate this bad behavior from average customers (although some do, and of course, that is wrong), but they will look the other way when it comes from VIP’s, regulars, or big spenders. In fact, there have been a lot of reports about very inappropriate and unwanted behavior happening in front of managers and bouncers who do nothing.

When bad behavior is allowed, it tends to get worse and can lead to serious sexual assaults including forcible rape. Being entertained by a dancer is not license to break the law or treat them as less than human. When a customer does this, the customer can be sued directly. When your employer lets it happen, they can also be sued.

It is important to note that even if you are called an independent contractor, you do not lose your rights. It is understood that bouncers and management are there in part to protect the dancers. Their failure to do so, including failure to prevent offenders from being in the club, creates liability on them.

In other words, do not be deterred from bringing a lawsuit. You have rights.

In one recent lawsuit, dancers alleged that while they were told they can not have inappropriate contact with customers, as a matter of practice that is never told to the customers. My guess is that is done to maintain the illusion that these women are interested in them. The practical effect it had was dancers were sexually and physically assaulted. When they complained the customers were allowed to stay and the dancers were fired.

A lawsuit is the only way to hold these clubs accountable. The value of these claims depends on what actually happened and what the evidence shows. One wage lawsuit for misclassification was resolved for $10 million against a well known club. It would not be surprising for a sexual assault case to be worth in the six figures and possibly more depending on how bad it was.

We have handled hundreds of sexual assault and abuse cases in Illinois. The attorneys we recommend have a track record of success and treat these matters with the sensitive nature they deserve. All calls are confidential and all cases are handled on a contingency basis which means there is no fee unless you make a recovery.

If you would like a free consultation with an attorney, please call us any time at 312-346-5320. We handle cases everywhere in Illinois via our state wide network of attorneys.

Illinois Malpractice – Bed Sores In Hospitals

By Michael Helfand
on March 5, 2026

Posted In Injury Cases

What is a Hospital Bed Sore?

A bed sore (also known as a pressure ulcer or pressure sore) is a localized skin and tissue wound that develops when prolonged pressure is applied to a specific area of the body.

Bed sores commonly occur during extended hospitalizations or intensive care unit (ICU) stays when a patient is bedridden or has limited mobility. Because patients spend consecutive hours on their backs, these ulcers most frequently develop on the back, buttocks, hips, heels, and legs.

Stages of Bed Sores and Medical Severity

Medical professionals classify pressure ulcers into four primary stages based on severity:

Stage 1 & 2: Mild, superficial skin redness or minor blistering. These are typically treatable with topical medical creams and frequent repositioning.
Stage 3 & 4: Severe, deep-tissue wounds where significant tissue death (necrosis) occurs. In the most extreme scenarios, the wound can expand to the size of a fist or deeper, exposing underlying muscle, tendons, and bone.

What is Wound Debridement?

For Stage 3 and Stage 4 ulcers, surgical intervention is often required. This procedure is called wound debridement—the medical removal of dead, damaged, or infected tissue to clean the wound and allow the remaining healthy tissue to heal.

Why Do Hospital Bed Sores Happen?

The Centers for Medicare & Medicaid Services (CMS) classifies severe, hospital-acquired pressure ulcers as a “Never Event”—meaning they are entirely preventable and should never occur under proper medical care.

When a patient develops a severe ulcer, it is usually a direct indicator of hospital neglect. Common systemic causes include:

Failure to Reposition: Medical staff neglecting to turn or shift immobile patients every two hours.
Inadequate Skin Assessments: Failing to inspect a patient’s skin surfaces daily for early signs of breakdown.
Chronic Understaffing: Low nursing and assistant levels, leading to delayed patient monitoring.
Malnutrition and Dehydration: Failing to provide the proper nutritional support necessary to maintain skin integrity.

When Can You Sue a Hospital for Bed Sores in Illinois?

To successfully sue an Illinois hospital for a bed sore, the case must meet specific medical and financial viability criteria:

Bed Sore Severity	Legal Viability & Lawsuit Success	Estimated Case Value
Minor / Superficial(Stage 1-2)	Low. The cost of bringing a medical malpractice lawsuit in Illinois typically exceeds the financial recovery value of a minor, quickly healed wound.	Generally not financially viable for a lawsuit.
Severe / Deep Tissue (Stage 3-4, requiring surgery)	High. When the ulcer requires significant medical intervention (like debridement), causes sepsis, or permanently impacts recovery, a lawsuit is highly likely to succeed.	$100,000 to millions of dollars, depending on hospital negligence and the ultimate health outcome.

Illinois Bed Sore Lawsuit Legal Fees

Every malpractice attorney recommended by IllinoisLawyers.com works strictly on a contingency fee basis.

No Upfront Costs: You pay nothing out of pocket to file or investigate the case.
No Fee Unless Successful: The legal team only collects a fee if they win a settlement or jury verdict.
Statutory Fee Cap: By Illinois state law, medical malpractice contingency fees are strictly capped at 33.3% (1/3) of the total financial recovery.

Action Steps: What to Do If a Loved One Develops a Bed Sore

If you discover a pressure ulcer on a hospitalized family member, take these immediate actions to protect their health and secure evidence for a potential legal claim:

Alert Medical Staff Immediately: Demand an immediate evaluation by a wound care specialist and a change in the patient’s turning schedule.
Document with Photos: Take clear, high-resolution photographs of the wound immediately. Visual evidence of a “never event” provides powerful leverage in a malpractice lawsuit.
Request Full Medical Records: Secure copies of daily skin assessment logs and charts detailing how often the patient was repositioned.

Frequently Asked Questions (FAQ)

Can a hospital bed sore cause death?

Yes. Untreated or severe Stage 4 bed sores can allow bacteria into the bloodstream, leading to sepsis (a life-threatening systemic infection), organ failure, and ultimately death.

How quickly can a pressure ulcer form?

A pressure ulcer can begin forming in as little as 2 to 3 hours if a patient is left completely immobile on a firm hospital mattress without repositioning.

Do I need a specialized medical malpractice lawyer?

Yes. Illinois medical malpractice laws are complex, requiring an expert certificate of merit to even file a case. Working with an experienced attorney who understands the specific medicine behind pressure ulcers gives you the best chance of legal success.

Get a Free Case Review

If someone you know has suffered from a severe hospital-acquired bed sore in Illinois, contact IllinoisLawyers.com at (312) 346-5320 or toll-free at (800) 517-1614 for a free, confidential consultation with an experienced attorney.

The Pitt Episode 8 Review – Most Unrealistic Episode Yet

By Michael Helfand
on February 27, 2026

Posted In Did You Know?

I love “The Pitt.” Any show that is unlike anything else out there and tells stories in such a good way gets me. It is probably the only appointment TV show that I have, at least from the standpoint that I watch it on the day it comes out.

I have a handful of friends who are ER doctors or nurses and they tell me that the show is incredibly realistic. That makes the graphic scenes of the various procedures and injuries even way more interesting to watch. It is also why it is so disappointing that episode 8 of season two was the most unrealistic one to date.

The Pitt Spoiler Alerts Ahead!!!

I am a lawyer, not a doctor, so I can not comment on any of the medical stuff. I have never heard anyone say that any of it is unrealistic. It really makes the show so cool.

One of the story lines this week is that Mel, a 2nd year resident, is being sued for medical malpractice and has a deposition in that case that is happening that day. She is freaking out in prior episodes and worried about how this is going to affect her career. The other doctors are very reassuring that everyone gets sued at one point or another. I have been wondering what happened that ended up with her being sued.

Side note. Mel is played by actress Taylor Dearden who happens to be the daughter of my favorite actor, Bryan Cranston. And that’s because of Malcolm In The Middle more than anything. How fricking proud must he be of her performance and that she’s not trying to cash in on the family name.

We learn during this episode that the alleged medical malpractice lawsuit is from something that happened in season one of The Pitt. In that timeline, there was a crazy, anti-vax mom story line. That mom’s son did not get the MMR vaccine and ended up with measles. As can happen, sadly, to the children with parents who do not protect them, the measles caused a severe injury.

In this case, that meant the boy got pneumonia and they suspected a brain injury. The child needed a spinal tap and the mom did not want him to have that due to the risk of paralysis with that. The father eventually overrules the mom and he is able to get a life saving spinal tap. That is all we really knew when season one ended.

Flash forward to season two and we have now discovered that the boy has brain damage and intellectual decline. The mom blames that on the spinal tap procedure and is suing a bunch of doctors over this. And that is where the story goes off the rails.

How Is The Pitt Lawsuit Unrealistic? Let’s Count The Ways

There is quite literally no way in the world of law that this deposition would ever take place. Let me tell you why.

The deposition is happening on July 4th! Scheduling depositions is hard. You need the availability of multiple parties. In my 29 years of being an attorney, I have never seen anyone even propose doing it on a holiday, much less the biggest one of the summer. It would never happen because logistically it makes no sense and no lawyer or court reporter is working that day. I once got called for jury duty and it was for July 3rd. There were hundreds of us at court that day and everyone was dismissed by 10:00 a.m. Legal work doesn’t happen then.
The original issue started September 25, 2025. This episode is July 4, 2026. September 25th was a Thursday. Even if crazy pants mom decided to call a lawyer the next day, the actual injury would not manifest itself then so any attorney would at most say, “let’s keep in touch and see what happens.” But let’s suspend reality and assume they knew he had irreversible brain damage by October 10th. The next step would be to obtain his medical records. The earliest they would conceivably have all of the needed medical records would put them into November. He probably was sent to a rehab facility and/or has been treating with a neurologist. So there are thousands of pages of records.
Medical malpractice lawyers do not file a case the day you hire them or the day they get the records. So if an attorney had all of the records on November 15, they would have thousands of pages to pore through. The first thing law firms do is an internal review, often by nurses on staff, to see if they see signs of medical malpractice. If the assigned person drops everything, that can take a few days to properly do. Of course they would not drop everything, but again, suspending reality, we are going to assume they did it ASAP and told the client it was worth investigating right before Thanksgiving.
Expert review is needed. In Pennsylvania, just like Illinois where I am, you need a certificate of merit by a doctor to file a medical malpractice lawsuit. Just like how depositions do not happen on July 4th, doctors are not reviewing thousands of pages over the Thanksgiving period. Beyond that, the law firm would have to prepare a written summary for the doctor outlining their theory of the case. On average, the review process for a law firm with an expert before a lawsuit can be filed takes six months to a year from the time records are first received. In other words, under the best case scenario, a lawsuit would have been filed in May or 2026. Brain injuries are of course complex so they take longer to review. It is possible that more than one expert would be needed.
The actual injury could not be known. Brain injuries can change over time, especially if there is brain function. With children, developmental delays take longer to sort out. It is one reason in Illinois that there is an eight year time limit for suing for medical malpractice for kids.
Nothing in the treatment was close to medical malpractice! This is the biggest problem I have. In order to win a medical malpractice lawsuit, you have to prove that the medical provider violated the standard of care. In this case, the proper treatment for someone with measles and a suspected brain injury is a spinal tap. Does a spinal tap have risks? Of course it does. But you can not sue a doctor for an injury that has known risks. At least not successfully. And because a medical expert is required to sue, this lawsuit would never be filed in the first place because no credible doctor would state that the injury was most likely from a spinal tap or that choosing to do a spinal tap was unreasonable. The obvious explanation is that this is an injury from measles.
But wouldn’t a quack doctor state that it was malpractice? I bet that could happen, but these cases are incredibly expensive. Most medical malpractice cases cost $100,000 or more to get to trial. So an attorney would have to spend their own money on the hopes that a jury would believe their nutso doctor over the defense experts who surely would be credible. This would not happen and is why you will never see an attorney file a malpractice lawsuit that they know is frivolous. And if they discover along the way it’s not a case, they will cut their losses and withdraw. In Pennsylvania, you have to convince more than 80% of the jury that malpractice happened. If it’s a jury of 12 that means 10 or more must agree with you. Would you role the dice on $100,000 hoping that 10 people believe your doctor over common sense?
Even if it was somehow a case and people took depositions on July 4, the timeline still makes no sense. Depositions are a big part of every medical malpractice case. But they do not happen right after a lawsuit gets filed. In fact, if the lawsuit was filed in May or June, the first court appearance might not have happened yet. There are initial court dates. The defense has to respond in writing to the lawsuit. Each side exchanges written questions with each other. The defense is given a long time to have the medical records reviewed, conduct interviews, seek out their own experts, etc. It would be stunning if a deposition of one of the doctors being sued took place within the first year of a lawsuit being filed. Certainly not this quickly nor less than a year after the alleged malpractice.
The deposition would not happen at the hospital. It would likely be at the defense attorney’s office and Mel would not have worked that day, but most likely would have spent some time preparing for the deposition with her lawyer. And even if it was somehow at the hospital, you likely would not be taking the depositions of multiple doctors on the same day. The plaintiff’s attorneys would want at least a day or two to review the first one as it could inform questions they ask on the next one.
July 4th is a Saturday. Even if somehow any lawyers were working on the 4th, nobody takes depositions on the weekend. Absurd!

I am sure there is something else I am missing. Surprising to me that they surely spend a bunch of money on medical consultants, but appear to have spent a penny talking to an attorney to get that scenario even closer to reality. A way better approach would be to make it a different story line that led to the lawsuit or maybe even just having her served with the lawsuit that day in front of everyone and seeing how she reacts. But this nothing burger lawsuit would never happen and neither would anything associated with the deposition.

I still love the show and enjoyed the episode, but man was it a sharp deviation from the philosophy of incredible accuracy. And by the way, almost every episode has an example of something that could turn into a med mal case, including this one. And it was with Mel! She was under orders to stay with the patient who was at risk of an eye stroke and she left her. Would have been much more realistic for something bad to happen after she left and then the family to scream that they were going to sue her or someone from administration to tell her that she is at risk of a lawsuit due to her actions. And probably more interesting.

Illinois Work Comp – Next Steps After An IME

By Michael Helfand
on February 25, 2026

Posted In Injury Cases

Under Illinois workers’ compensation law, while you generally have a right to choose your own doctor, your employer, through their insurance company, has a right to send you to a doctor of their choosing as well.

The difference is that while your doctor would be considered a treating doctor, their doctor is only meant to see you once. They are not your doctor, but instead owe an allegiance to the people paying their bill. These exams are ironically called independent medical examinations or IME’s.

The purpose of an IME is for a doctor to look at you and your medical records and then answer questions that the insurance company has. These questions often include:

What is the injury?
Is the injury related to the job or something else?
Does the worker need to be off work?
Can they work with restrictions?
What treatment is needed?
Is a surgery reasonable?
Is the need for treatment related to a work injury or something else?

Often these doctors are hired guns. Injured Illinois workers that we talk to are shocked when an “exam” lasts 3-5 minutes. The truth is that a lot of these doctors make a huge living just off these reports and want to keep the cash cow going. If they see 10-15 of these patients a week along with doing depositions on some of these cases, it’s not unheard of for them to make over $1 million a year from this part of their business alone.

The most common question we get from injured workers is what happens next after an IME?

The answer is it depends on why the IME happened and the results.

Most IME reports seem to be against the injured worker. If that happens you can expect that the report will be prepared and provided rather quickly and you will receive notice that your benefits have been suspended or the case has been denied.

When that happens, the only next step is to have your lawyer file what is called a 19(b) petition for immediate hearing. This is a legal process at the Illinois Workers’ Compensation Commission to get your case before an Arbitrator ASAP. Your case probably can’t go to trial right away, but it gives your lawyer a chance to discuss the case with the other attorney. This is also why it’s important to have a lawyer in place so they can be prepared with these filings.

Before your case can go to trial, your lawyer will likely have to take the deposition of your doctor and the IME doctor. These are called evidence depositions. That means that instead of showing up to court, their testimony takes place by deposition and the Arbitrator will read them after the trial.

The entire process from getting the IME denial letter until going to trial can be 3-6 months depending on how aggressive your lawyer is.

But what happens if I went to an IME months ago and haven’t heard anything yet?

This result happens all of the time. There is no law that requires the IME doctor to prepare a report or for the insurance company to turn it over. Like I said, when it is in their favor it is usually produced right away.

When they do not provide one, it is a sign that the IME doctor will not say what they want them to say. In those cases a few things can happen:

They might just call the adjuster to deliver the bad news, but not put their findings in writing. That way you can not submit a report that hurts them.
They might provide the report to the adjuster, but that person will just stick their head and the sand and lie about its availability.

So how do you solve this problem, especially if they continue to delay your benefits?

There are two solutions. The first is that your lawyer again should file a 19(b) petition. When an IME takes place and is not produced, Illinois law assumes that it would not be favorable for the insurance company. So while it is not as strong as having the actual document, it really works in your favor. Your attorney can at the very least pressure the other side to pay you and approve treatment until the IME is available, especially if it’s been over a month.

The second option is your lawyer can subpoena the IME doctor for a copy of the report. Different attorneys disagree as to whether or not you can get it by subpoena, but most doctors do not want to be bothered and often will comply. Or at the very least this will cause the insurance company to show their cards and give it to you.

All of this demonstrates why having an aggressive Illinois workers’ compensation lawyer is so important. Nobody should be waiting more than a month for a report without any action being taken. The insurance company has a goal to frustrate you into using your own insurance or ignoring your doctor’s advice. Don’t let them beat you down.

If you were hurt on the job in Illinois and would like a free case review, please call us any time at 312-346-5320. We help injured workers everywhere in Illinois.

Can Your Employer Make You Pay For Your Uniform?

By Michael Helfand
on February 18, 2026

Posted In Litigation

Back in the day I was a waiter at Bennigan’s. We didn’t have a uniform, just a general dress code of khaki shorts or pants and some sort of collared shirt. Beyond that we had to have “pieces of flair” much like Jennifer Aniston had to wear in “Office Space.” Most of the items I had to wear could be found in my closet already and I didn’t have to make any special purchases. Even the pins/buttons, I had or got from other staff.

Some employers are like this. Others require you to wear a specific uniform. It could be company branded clothing with their logo on it. It could be a specific color you have to wear or items you can’t wear like nose rings. And in some cases uniforms are designed for safety or require personal protective equipment (PPE). They have a right to dictate what you wear at work. What they can not do in Illinois (and many other states) is make you pay for it.

Under Illinois labor law, your employer can not charge you for uniforms by deducting money from your paycheck unless they get your express agreement in writing. And of course we never recommend that you agree to that.

Starbucks has been sued for an alleged violation of this law in Illinois and other states. They put a new dress code into force in May of 2025 that required all workers to wear a solid black shirt under their green aprons to make the green stand out more. They also required khaki, black or denim bottoms without patterns or solid black dresses that could not be more than four inches above the knee. The dress code prohibits employees from having face tattoos or more than one facial piercing. Tongue piercings and “theatrical makeup” are also prohibited.

Prior to this change, the dress code was more relaxed and individual expression was allowed. Now if you are out of compliance you can not start your shift. They are even requiring specific footwear and banned one worker from wearing Crocs.

Again, they have a right to do this, but if you have to go out and buy a new wardrobe, they have to reimburse you. It might be reasonable to expect you’d have one black shirt in your closet. But if you work six days a week, you shouldn’t have to pay for six shirts out of your pocket.

It would be no different if you worked at a factory and they required steel toed boots. Nobody can expect you to have that and those are expensive. They should provide them for you or reimburse you if you have to get them yourself.

The catch with this law is that a lawyer would only get involved if it is on a class action basis. If you work at a neighborhood bakery and there are ten of you that spent $150 on a uniform, it isn’t enough damages to justify getting an attorney (you could file a complaint with the IL Department of Labor). On the other hand, if you work for an employer that has thousands of employees in multiple locations and they are all facing the same issue, it makes sense for an attorney to get involved.

Labor lawyers who we recommend for these cases all work on a contingency basis. That means that there is no fee to hire them or bring a case. They only get paid if they win the case. You as a lead plaintiff in a lawsuit would receive extra compensation for the time and effort you put in. That amount depends on the case result of course.

Our best advice is to check your company handbook for their policies on these issues and document everything. That includes keeping receipts for anything you have to buy. If comfortable, you can also ask other co-workers if they experienced the same thing.

And if you want a free and confidential consult on whether or not what is happening to you is illegal and what your options are, you can call us any time at 312-346-5320. You will immediately speak with a lawyer who will answer your questions and treat you like a family member or friend.

Michael Helfand