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Michael Helfand

Illinois medical malpractice – When a fusion surgery fails

One of the most invasive surgeries you can have is a lumbar (back) or cervical (neck) fusion.  It involves a severely injured disc that is repaired by literally putting hardware in to your body.  While you can live a productive life after (Peyton Manning has had a cervical fusion) it’s a long road to recovery and you need your nerves to re-generate.

These surgeries are complicated and often fail.  Usually when they don’t work out it’s because of outside factors including bad luck.  If you smoke that can limit your ability to recover.

But every now and then we’ll get a call from someone who had a fusion and didn’t make a good recovery and it’s discovered that it’s because the screws that are put in to place are hitting the nerves in the patient’s back or neck.  This can lead to many problems including failed back syndrome.

If this happens and the problem is not caught and corrected (with a new surgery) quickly enough, permanent nerve damage can occur.  The technical term is hardware nerve impingement. This unfortunately means a lifetime of pain and diminished abilities. You can lose your ability to walk, have sexual relations, control your bowel movements and tremendous pain.

When these surgeries take place, your doctor is supposed to use special care and caution to make sure that this does not happen. After the surgery takes place, x-rays and MRI’s can tell if an error took place.

If this error does happen and is not corrected, it may be a medical malpractice lawsuit in Illinois.  It’s estimated that about 1 in 500 screws do get misplaced and of those, most are only off by a millimeter or two.  But 5-10% of those badly placed screws cause serious damage and those are the cases that need to be investigated.

If this has happened to you, we’d be interested in talking with you and connecting you with one of the attorneys in our state wide network.  These are complex cases and very few firms have a real track record of success with them.  There is no fee to talk to our staff of attorneys and every lawyer we recommend works on a contingency basis which means you never have to pay a penny unless the case is successful.

But most importantly, getting the right law firm in your corner can be the difference between winning and losing a case and giving yourself a chance at getting your life back.  We want to help you and are happy to talk to you at any time about any situation.

 

 

Lead poisoning and lawsuits

I have a couple of kids who are old enough to know better now, but when they were young they’d put anything and everything in their mouths.

My kids were normal babies.  It makes sense that young ones are curious about the world and want to feel and taste things.  Sometimes it’s gross, but it does make sense.

Because kids are curious, some will even eat paint chips that have peeled off of the wall or other places. It’s not healthy for them and it it’s an old building with lead paint, it’s really dangerous.

We’ve been involved in numerous lawsuits in the last few years as a result of kids who have ingested lead paint.  Most of these cases are from living in older buildings in Chicago, but we will pursue these cases anywhere in Illinois.  There is never a fee unless we are successful.  Older buildings are usually the culprit because lead based paint was banned in the United States in 1978 so newer dwellings don’t have this risk.

Lead poisoning is easily diagnosed by a blood test and happens after a child is displaying symptoms which can include headaches, personality changes, a metal taste in their mouth, balance issues and digestive problems.  It can take weeks or months for symptoms to show up and they can actually come and go.

In the worst case scenarios a child can have excessive vomiting, seizures, end up in a coma and in rare instances lead poisoning can result in death.  Other problems can include learning disabilities, stunting of growth and loss of hearing.  Bottom line is that it’s important to get medical attention as soon as possible.  The good news is that lead can be removed from the body in most instances.

While medical attention of course comes first, getting legal help is important too.  That is the only way to prevent these injuries from happening to others in the future and of course it can get the victim compensation for their pain and suffering as well as payment of their medical bills which can be excessive depending on how severe the problem is.

If you have questions about whether or not you have a lead poisoning lawsuit, we’d be happy to talk to you.  All calls are free and confidential and there is never a fee unless we win the case.

“Blink” and Illinois criminal attorneys

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I’m a big fan of the book “Blink” and what it teaches about snap judgments.  Sometimes our initial impressions are right on, sometimes our snap judgments reflect our inner-biases even when that snap judgment is dead wrong.  The best example from the book is how orchestras used to have auditions where you could see the musician and know their name, resulting in a male to female ratio of about 19 to 1.  They now do blind auditions where you only hear them play the instrument.  As a result the ratio is now close to 50-50 and women who before couldn’t get a shot at traditional “male” instruments now can.

So what does that have to do with defending a criminal case in Illinois?  I was called for jury duty yesterday for the first time in my life.  On a daily basis I help people find Illinois criminal defense attorneys and have seen hundreds of innocent people get charged with felonies or misdemeanors.  The jury I was considered for (I didn’t get picked because no one wants a lawyer on a jury) was regarding a felony burglary trial.  The defendant was dressed kind of sloppily and had a mohawk that led to somewhat of a menacing look.  My snap judgment was that this guy must be guilty.  Of course you can’t reach that conclusion without hearing the evidence and I know nothing about his case.

All that said, I think his attorney did a poor job preparing him for the jury selection (or tried and failed) because those snap judgments of what someone looks like do matter.  I caught many potential jurors just staring at him and while I don’t know what they were thinking, it’s reasonable to guess that they were a tad skeptical of him already.

Some have proposed that trials don’t allow for any live testimony, but rather actors who would read the answers to questions of a witness or the accused.  While I see the merits of that, after being a part of hundreds of trials and depositions, I do think you can tell how sure someone is of an answer they are giving based on their response.  However, I wonder if the disparity between blacks and whites being convicted of certain crimes would change.  I also wonder if some innocent people would get convicted.  It’s certainly worth studying.

For you, if you are a criminal defendant, think about the first impression you are making on the prosecutor, Judge and jury.  It shouldn’t change the outcome of a case, but surely it does all of the time.

Since 2001, illinoislawyers.com has been the leading resource for Illinois attorney referrals and legal guidance. If you would like our help please contact one of our lawyers via our on-line form or call (800) 517-1614. We are based in Chicago, but help people find attorneys for legal matters throughout Illinois.  All inquiries are free and confidential.

Illinois strippers, minimum wage and independent contractors

A lawsuit was filed today on behalf of a group of exotic dancers just outside the Peoria area at a club called “Club Cabaret.”  The suit is hoping to get class action status for violations of the Fair Labor Standards Act (FLSA).

In plain English, it’s a lawsuit about wrongly calling the girls independent contractors and failing to pay minimum wage.  I suspect the scheme downstate is happening to strippers in Chicago and I know it happens to all sort of other employees.

The suit got attention in the papers because it’s about strippers, but it really is a common scam to avoid paying payroll taxes or workers.  Screwing the Government and your employees.  Talk about a two for one special!

In this case, the suit states that dancers had to pay a “house fee” to dance, were told when they could perform, how to perform and what to wear.  They were fined if they chewed gum.  They were limited in what they could charge for a dance.

If you read the last paragraph, does any of that sound like an independent contractor to you? It doesn’t to me either and if it’s true, these girls have a great case.  In fact, similar cases have been won throughout the country.  If they were truly independent contractors they’d certainly be able to set their own schedule and dictate their costs.

The technical legal term is “mis-classifying” your employees.  When that happens the employer is liable and typically has to pay your attorney fees.

We’ve helped employees in all sort of businesses throughout Illinois with these types of cases.  If you feel you’ve been mis-classified, we’d be happy to talk to you, especially if your pay is being suppressed as a result.

Most people just want an honest days pay for an honest days work.  To lie in order to screw someone over is pathetic and we love stopping them from doing it.

If you’d like our help or just have questions, call us at (312) 346-5320 or fill out our contact form.  We help all over Illinois and there is never a charge to talk with us.

 

Bruce Jenner and Illinois law on transgenders and bathrooms

With Bruce Jenner and others in the news lately, a hot topic in Illinois law has been transgenders and laws that apply to them.

In Illinois, if you are transgender and get harassed, you do have protections.  We’ve been involved in lawsuits for those harassed while working for example.  One area where this comes up is in using the bathroom.

Medical experts have stated that it’s very important to the health of a transgender person to be able to use the bathroom of the sex that they identify with.   So if you are female but identify as a male, you should be able to use the male bathroom.  This is true whether or not you’ve had genital surgery.

It’s also irrelevant if you don’t “look” like a member of the opposite sex.  There is no law requiring you to look feminine or masculine in any way.  It would be discrimination to set standards like this.

If you do try to use the bathroom and get harassed or have any other harassment from your gender identity, we do have some advice:

1. Stay calm. It’s best for your safety and you don’t want to create a reason that could cause your termination. This of course is easier said than done.

2. Report what happened to a supervisor or owner. Let them know that you are using this specific bathroom because it’s the gender you identify with.

3. If problems still exist or you are retaliated against, call us and we’ll help you find an attorney in Illinois who has experience with these cases.

People are still being educated about transgenders and it’s not uncommon for other co-workers to complain if a transgender person is using their bathroom.  They are legally allowed to feel uncomfortable and complain.  What the employer should do is accommodate them with an individual restroom.  It’s not up to the transgender person to do the accommodating.

This is a new and evolving area of law in Illinois.  Very few law firms have real experience with these issues.  That’s why we exist as we know which firms have niche experience. If you have questions or want our help you can speak with one of our attorneys for free at (312) 346-5320.

 

How to lose your Illinois medical malpractice case

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Medical malpractice lawsuits can be tough cases, but when a doctor or other health care professional seriously injures a patient, we believe in doing everything we can to hold that person or entity responsible. As a client, there is much that is in your hands, especially at the start of a case. It is up to you to help your attorney gather all the relevant information – information that will help prove, and win, your case.

We are surprised at the number of cases that fizzle out because of a delay in getting medical records, for example. Until the medical records of the patient are gathered and reviewed, there isn’t much an attorney can do to investigate and build your case.

If you, or a loved one, have been injured as a result of medical malpractice, legal strategy probably isn’t the first thing on your mind. Nor should it be. But quick action on the front end of a case helps preserve important evidence. Your lawyer will do most of the work, of course, but your chances of success are better if you think of it as a team effort.

Another tough issue is getting an autopsy if there has been a death. Like medical records, an autopsy report is crucial to a medical malpractice case. If you can’t prove the cause of death, then you will have trouble showing that it was the defendant’s fault.

If you suspect you might have a medical malpractice case, talk to an experienced attorney as soon as possible. These cases are handled on a contingency fee basis, which means that your lawyer only earns a fee if you win or settle your case. There’s nothing to lose by looking into it, especially since delay can hurt you. A consultation is confidential and shouldn’t cost anything.

Next, if you intend to pursue your case, don’t lose momentum. Request your medical records from any relevant providers. It can take six months to prepare a medical malpractice case, so the sooner you do this the better. Your attorney should then consult with a medical expert who will determine whether you have a good case for malpractice.

These are all tough decisions to make, especially if you are injured or caring for a sick spouse or child at the same time, or if you have recently lost a loved one. The compensation you seek in a medical malpractice lawsuit is based on how your life has been affected by the alleged malpractice. It’s meant to help you pay medical bills, get financial support for loss of income and additional compensation for future losses.

These cases can be tough to win, but if you put off the initial work required, it will be even tougher. You don’t have to do it alone. Your attorney is there to support you. If you have questions about a potential medical malpractice case, give us a call and we can help you get started.

Sofia Vergara is a legal genius

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There have been a ton of articles in the news about actress/model/great accent, Sofia Vergara.  She was engaged to a man a couple of years ago and they tried twice, unsuccessfully, to have a baby. They froze some embryos that were injected with her ex-fiance’s sperm in case they wanted to try again.

They broke up and like any sensible human, Gloria, I mean Sofia did not want to become a parent with a man whom she had no relationship with anymore.

The ex fiance for some reason wants to be a parent so badly that he’s claiming a right to these frozen embryos so they can be implanted in a surrogate and hopefully lead to him and Vergara becoming parents together.

Why he would want to do this is really anyone’s guess.  If he wants to be a Dad there are a ton of better ways including getting in to a new, loving relationship, finding a different egg donor or adoption.  I’m sure the fact that Vergara is reportedly worth in the nine figures has nothing to do with his attempts to keep these eggs.

He’s lost so far and the reason is that Vegara was smart enough to put a contract together that determined control of these embryos.  Specifically it states that they both must consent in order for the embryos to be implanted.  Sounds like a common sense contract as it requires two consenting adults, much like sex.

But even if the contract didn’t make sense, the important part is that it’s a contract which they both agreed to.  The ex might think this a bad deal or unfair, but it’s no different than if you sign a contract to buy a car and a week later wish you hadn’t done so.

A contract is a contract.  This is why we always encourage people to put things in writing.

On “Modern Family”, Vergara doesn’t play the brightest woman.  But in real life she’s clearly a legal genius.  And it doesn’t take much to achieve that status.  Just the guts and sense to not act on emotions or be afraid of confrontation, but instead have the willingness to put things in writing.

In your life, if you are going to loan someone money and want to get paid back, put it in writing. If you hire someone to do work for you or are doing work for someone else, the terms are only clear and enforceable if they are on paper.   If it’s not in writing then it’s a he said/she said game in the courts which costs time, money and leaves you with an uncertain result.

Illinois child support after age 18

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Parents have a financial obligation to support their children when they are minors. Court-ordered child support almost always continues until the age of 18. However, there are some circumstances in which a child might need continued support beyond the age of majority.

Illinois law allows a court to order parents to support their children past the age of 18. A parent seeking this type of support – called non-minor support – can petition the court and make a formal request. Child support that is extended or awarded beyond age 18 is decided on a case-by-case basis, but the law mentions a few specific scenarios.

The first is when a child turns 18 while still in high school. If this is the case, the law allows support to continue until graduation or until the child turns 19. Even though the child is technically not a minor, he or she is likely living the same life they were at 17 and is in need of the same support from his or her parents until graduation. Don’t assume, however, that your child support order covers this post-majority time period unless specifically stated.

A second justification for non-minor support is for a physically or mentally disabled child. In these cases, support can continue indefinitely. This is for children who are not emancipated. If you want support for a non-minor disabled child, you can petition the court any time, even after their 18th birthday.

And finally, a very common basis for non-minor support is educational expenses to pay for college. When a child is headed to college (or professional or other training), a judge can order both parents, and the child, to share the costs of continued education. The court generally cannot order payment of educational expenses beyond a bachelor’s degree, however.

Illinois judges are given discretion when deciding who pays and how much, but an order for shared expenses is likely unless one party is facing extreme financial hardship. A judge will consider a range of relevant factors, including the financial resources of both parents, the standard of living the child would have enjoyed had the parents not divorced, as well as the financial resources of the child and the child’s academic performance. A judge may consider additional factors that are deemed relevant.

The shared educational expenses can include tuition, room and board, books and supplies, fees, transportation, health insurance and other reasonable college expenses. The support order can include a requirement that the child remain in good standing as a full-time student in order for the support to continue. Support payments can be made to either parent, to the student or directly to the school.

Keep in mind that non-minor support is not automatic and it’s not required by law. Oral promises and informal plans, even when well intended, are bound to change as the years go by. The relationship between the parents might be amicable at the time of divorce, when decisions about child support are being made, but that can change by the time college comes around.

You can go to court to request non-minor support before your child turns 18. If you and the other parent can agree to the continued support, including how much and for which expenses, then it makes things easier. If not, the judge will decide.

Is this confusing?  It can be.  Contact us if you’d like to speak to one of our attorneys for free and in confidence for legal guidance and/or a child support attorney referral.

How to protect your inheritance in Illinois

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Married couples share a lot of things without thinking much about it. You probably have some property that you think of as your own, some you think of as your spouse’s, and much that you acquired together and think of as shared. However, when it comes to dividing property in divorce, state law often steps in and defines these categories for you. And it might not be what you expect.

In Illinois, the law distinguishes “marital property,” which belongs to both spouses, from “non-marital property,” which is a spouse’s separate property. The distinction is important because courts have the power to divide marital property in a divorce. While courts often divide marital property 50-50, it’s not always the case. You could end up with less than half. Non-marital property, on the other hand, will not be divided.

The basic rule is that anything earned or acquired during the marriage is considered marital property. This includes each spouse’s 401k. It also includes bank accounts, investments, houses, cars, etc. A few things are considered non-marital property, including property owned prior to the marriage, gifts and inheritances.

So, an inheritance is non-marital property, even if it was inherited during the marriage. It’s a good start, but there’s a big catch. If you aren’t careful, you could unintentionally alter the status of your inheritance and transform it into marital property. The court is likely to assume that property is marital unless you can prove otherwise.

The key is keeping your inheritance separate. When non-marital property is co-mingled with marital property, you risk losing it as your own. Illinois law can consider it a gift to the marriage and therefore marital property. Don’t combine your inheritance with your marital property or your spouse’s property. If it’s cash or securities, keep it in a separate account. If it’s a house or a piece of land, make sure the title remains in your name, and be wary of using marital property (money) to improve the property.

In addition to keeping your inheritance separate, consider signing a prenuptial or postnuptial agreement. You can use a document like this to define the ownership of property. If you and your spouse sign something saying that your inherited money or property goes to you in the event of divorce, then you have extra assurance that it will end up that way.

We recognize that many people don’t worry about keeping their separate property separate because they do not intend to divorce. This could be a mistake. Tackling these issues doesn’t have to be personal, and it doesn’t have to be an insult to your marriage. It’s just good common sense to plan ahead and protect an inheritance that was left to you.

This can be complex. If you have questions or need to be pointed in the right direction, please contact us at any time.

See also: Courts In Illinois Are Closed, But You Have Options

A connected Chicago felony defense lawyer can make a huge difference

 

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We stress all of the time the importance of having a lawyer that is narrowly focused in the types of cases that they handle.  A jack of all trades attorney will not have the knowledge of the law you need or the relationships that you need, especially in a tougher case.

I saw a great example of this recently when I was called by a young man who had a felony charge of assaulting a police officer in Chicago.  He was part of the Ferguson protests and apparently things got really heated an he spit in an officer’s face.

What he did was wrong.  But at least after the fact he was smart.  He came to me and we made a referral to a top attorney who was a former Cook County prosecutor and now only defends criminal cases in the Chicago area.  He had a good relationship with the prosecutor and got him to agree to reduce the charges to a misdemeanor if the client would apologize to the cop.  After that the deal was to give him supervision which means that this could be expunged off of his record some day.  You don’t want a dumb mistake to ruin the rest of your life.

But things got even better for this rather lucky young man.  The cop missed two court dates.  Usually when the cop is the victim, Judges won’t ever dismiss a case.  But in this matter the connected attorney got the Judge to do it and an agreement from the prosecutor not to re-file the charges.

And it’s all because the lawyer was the right choice for this type of case.  He new the right people.  He had defended similar cases before.  He has a great reputation.  All of those things really matter.

There is an old saying that it’s not about what you know, but who you know.  That is incredibly true in law whether we want it to be or not.  And this case is a great example of that.

Of course the smart thing would have been to never have spit in the first place, but we don’t live in a perfect world with perfect people.  Mistakes are made.  Whether or not that mistake is a bad memory or ruins your life comes down to how seriously you take the criminal case.

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