Injury Cases

Recently I was contacted  by  a nice guy who had been in a car accident in Chicago.  He had found what seemed like a great car accident law firm to represent him, but had questions about their fees.

He first asked me what a standard fee is for a personal injury lawyer. I answered honestly that in most cases it’s 1/3 of what is recovered.  Occasionally this goes higher or lower, but 1/3 is pretty standard.

That made sense to him. What didn’t make sense is that the firm he was thinking about hiring wanted to charge him 40% of what is recovered if the case goes to trial and 50% of what is recovered if the case gets appealed.

Now I’m not saying that this never happens or that there aren’t circumstances that call for it, but none of the firms I work with do this (that I’m aware of) because 33% is a lot to begin with and when you are talking 40-50%, the lawyer tends to end up with more than the client and that’s not right.

When you hire an attorney, they must be thinking the case could go to trial.  That’s their job.  So for them to get an extra 7% for the “inconvenience” is absurd.  They aren’t taking less money if they settle the case quickly, why should they get more money if the case takes a longer time?

The reality is that some law firms will just charge what they think they can get.  In most cases there are a handful of firms that can do a good job for you.  So to me, there is no reason to hire one for 40-50% when an equally good one will do it for 33%.  And quite honestly, to me it says something negative about the character of a lawyer that tries to take that much from a client.

Bonus tip.  Under Illinois law, the maximum fee for a medical malpractice case is 33% and for workers’ compensation cases it’s 20%.  If you come across a lawyer who is asking for more than that they are likely breaking the law.

Bottom line is that you shouldn’t be afraid to ask these types of questions and if you aren’t happy with a fee and have a good alternative, don’t sign up.

If you have any questions or want a referral to an experienced personal injury lawyer, call us for free any time at 312-346-5320.

We are experienced Chicago attorneys who offer free legal guidance and lawyer referrals to the best law firms in Illinois.  We have helped more than 300,000 people in 20+ years.  If you have questions or would like a referral, call to speak to one of our lawyers at 312-346-5320.

Pretty much everyone has either had cancer or knows someone who has.  If you get it, you will have lots of questions: How did I get this? What type of cancer do I have? Will it spread? What are my treatment options? What happens next? So many questions, but the only reasonable and natural thing to do is to put your trust in your doctor.

A recent study discovered that the most common form of medical malpractice claims is the failure to diagnose, or misdiagnose, diseases and illnesses. Of these claims, the most frequently missed were cancer, particularly breast, colon, prostate, melanoma and lung cancers.

No one can predict or even prevent who gets cancer and who does not. Cancer is a very aggressive condition that tends to spread quickly and is out of anyone’s control, but the key to surviving cancer is early detection, diagnosis and treatment. When a doctor fails to diagnose cancer, the patient often misses a critical time frame for effective treatment and it often can mean the difference between life and death.

Cancer, such as colon, breast and prostate cancer are very treatable in the early stages. Once cancer has spread to the blood or other organs, or has metastasized, treatment options and chances of survival are greatly reduced. Often, treatment for later cancer stages is typically more aggressive, resulting in additional pain, discomfort and loss of quality of life for the cancer patient.

But, not every misdiagnosis or delayed diagnosis is grounds for malpractice. The type of cancer, the stage of cancer, the symptoms and the actions taken by the doctors all are factors to consider when looking at medical malpractice. Failure to diagnose may be unavoidable, depending on the nature of a patient’s case. It is common for cancer to not exhibit clear signs or symptoms that are reasonably identifiable by medical professionals until the advanced stages. Sometimes, cancer symptoms may not even show at all.

So how do you know if you have a case?

In general, to have a case worth looking in to you need to show that a doctor should have looked for or diagnosed cancer and the time from when it should have been caught until it was caught was six months or more.  When the delay is that long or longer you can often show that your cancer got much worse than it would have been had it been caught right away.  This doesn’t guarantee a win if there is a lawsuit, but in Illinois if the delay is that long the case is worth investigating by a malpractice law firm.

The next logical question is how do you know if a doctor should have caught the cancer?

There’s no slam dunk to this either, but if the patient exhibited visible cancer signs and symptoms and no scans or blood tests were ordered, that is likely malpractice.  If they misread an x-ray or CT scan or failed to perform a biopsy, that could be a case. Not recommending any follow up when there are warning signs is a problem too.

It’s important to know that for most cases you have two years from when you knew or should have known malpractice occurred to file a lawsuit, but no more than four years from when it happened.  Bottom line is that if you think you might have a case you should act fast.

Malpractice lawsuits in Illinois do take time, but there are a handful of experienced law firms with an incredible track record of success.  We would recommend you to one that has experience winning cases with the type of cancer you or a loved one are dealing with. Call us any time you’d like to discuss a case. It’s always free and none of the attorneys we recommend charge a penny unless they win the case.

A couple of weeks back I got a call from someone who had been injured in a car accident. They wanted me to give them a list of the best five car accident attorneys in Chicago.  When I told them that didn’t exist they didn’t give me a chance to explain why and hung up. So for them or anyone else who is looking for the “top” or “best” attorney for their case, let me tell you why it’s not that simple.

Let’s say that you are driving down the highway and you hit the breaks because traffic has come to a crawl.  Ten seconds later a semi truck slams in to your car, killing two of your family members and shattering your leg, pelvis and arm.  Physically it will take you years to recover and emotionally you likely never will. While it sounds like a slam dunk case, the reality is that there are only a handful of law firms qualified to handle that case.  Trucking cases require a high level of experience as many truck owners create shell companies to disguise the true owner of their truck and make it appear there is only limited insurance available to make a recovery against.

In a case like that I’d say there are maybe ten Chicago law firms at most with a real track record of success in those cases. Hiring the “best” one in that case might be the difference of millions of dollars as you really have to know how to handle these cases to get the most money.

So while those firms are great, if you told me that you were sitting at a stop light and rear-ended by a person with a GEICO insurance policy for $100,000.00 and sustained a back injury, I would not tell you to hire them.  It’s not that they couldn’t do the job, it’s that there is no way a lawyer who deals with truck death cases is going to spend the time needed on a smaller case like this.  They’d likely assign a very young, inexperienced associate to handle the case.  The “best” car accident attorney for you in that case is a smaller firm that handles these types of cases all day.  You’ll pay the same fee, but have an attorney with 20 years of experience in your corner.

There are many other issues that make who is best for your unique case an issue.  Maybe the defendant has what is known as a sub-standard insurance company which means to get the best recovery you need a lawyer who is willing to go to trial.  Believe it or not, not all firms will do that.  Perhaps you have a unique injury.  In that case getting someone in your corner who has won a similar case and understands the medicine is important. Maybe you are calling for a family member who does not speak English. To be successful the case might require someone who speaks their language.

I could go on, but the bottom line is that the top attorney for you might not be the top for someone else.  Every case is different. If you want to talk with a lawyer for free, call us any time at 312-346-5320 for a free consult.

There are no words that can describe the pain and suffering for a family after the loss of a loved one. If that loss was due to a wrongful death, it can be especially painful to think and imagine the horrors your loved one faced. Filing a wrongful death lawsuit won’t fix the damage that’s been done, but you can be the voice of the deceased and force the defendant to acknowledge their wrongdoing and and make right by it and hopefully prevent it from happening to someone else in the future.

A loved one dying suddenly can be stressful and carry an uncertainty of what to do next. This is especially true if you do feel that your loved one died due to negligence or malicious behavior. The best step you can take, especially when thinking of taking legal action, is you must demand an autopsy immediately. Aside from that, you will want to start the legal process sooner than later.

An autopsy is not always required to prove wrongful death, but is crucial as it can help prove with certainty what caused the individuals death. With an array of circumstances resulting in wrongful death cases, the most common are by automobile accidents and medical malpractice. Autopsies are generally a good idea when the cause of death is unknown or if you suspect you know why someone passed, but can’t say for sure.

In other words, when there is a car accident that causes a death, an autopsy is helpful, but it won’t end the case most likely if you don’t have one. On the other hand, if someone goes to the hospital with stomach pain and dies the next day, an autopsy is likely the only way to prove that the hospital was negligent.

Any evaluation to a wrongful death claim begins with one simple question: What was the cause of death? When a sudden death occurs and is believed to be done by negligence or malicious behavior of a medical professional or another individual playing a role, an autopsy can help answer that.

Once the cause of death is determined, a lawyer can help determine whether the death was preventable or not. This is where the real issue lies: was the defendant negligent and did their negligence cause your loved ones death. This information is crucial to your case.  While it may be the last thing you want to do, not having an autopsy could cause you to have problems finding a lawyer and/or cause you to lose the case when it goes to trial.

You may be lead to believe that an autopsy is unnecessary by a healthcare provider, as the death seems clear and obvious. The truth is there are many times when a health care provider/facility may not want to perform an autopsy since it could reveal they could be partially liable for the death.

We recognize how devastating the sudden loss of a loved one can be and how the decision to have an autopsy performed can be equally emotional. But it is important to remember that an autopsy is extremely valuable to a wrongful death case. Grieving can be very different and difficult for anyone. We are here to be the voice to families affected by wrongful death. Give us a call for any questions or guidance in your wrongful death case.  We can be reached at 312-346-5320 for a free consultation any time.

We are Chicago based lawyers who cover all of Illinois and have experience with serious injury cases. Fill out our contact form or call us at 312-346-5320 if you’d like to discuss a case for free and in confidence.

Many Americans are highly concerned with access to affordable and quality health care. And rightfully so with the price of premiums rising as they are. What many American’s don’t realize is that even if you can afford insurance, your access to quality health care can be restricted by insurance company tactics that limit coverage for certain prescriptions and procedures.

That’s right. The doctor that you seek out when you’re sick, share your health with, and trust: They may not have full reign when working for you, as the patient. The medical middleman has come between doctors and patients. As healthcare costs have risen, insurance companies have increasingly used their power as payers to alter doctors’ prescriptions and override patients’ treatment decisions.

The Doctor-Patient Rights Project (DPRP) recently did a study that showed the health of nearly one in four insured patients, that’s almost 53 million Americans, treating a chronic or persistent illness may be in jeopardy by insurance providers to denied coverage. One-third of these patients cannot afford the out-of-pocket costs and may be forced to put off or forgo treatment altogether.

Of course the power should be in the hands of the doctors not insurance companies. The good news is that there is a way to fight back.

In many cases insurance companies are essentially practicing medicine when they deny commonly accepted treatments as “experimental” or refuse without good cause to approve a surgery at all.  In a recent case a family won more than $25 million in a lawsuit against Aetna for not approving care.  A law firm we work with is pursuing a case currently against United Health Care for something similar.

In that case it’s alleged that a sick person called the toll free line for the insurance company and spoke to a “nurse” who allegedly assured him that despite shortness of breath and difficulty breathing he was fine.  The reality is that the proper advice would have been to tell them to hang up the phone and rush to an ER or call 911.  This has resulted in a wrongful death lawsuit against the health insurance company.

This was the insurance company allegedly practicing medicine and giving bad advice.  With some insurance companies approvals and denials are made by people with limited to no medical training.

Doctors should have the power to make treatment decisions without interference from insurers and if you call an insurer they should always err on the side of your health and not their bottom line. This isn’t the case as recently we’ve seen a cancer patient denied specialized treatment, a diabetic denied vascular surgery, a child with a brain tumor denied specialized marrow transplantation and/or chemotherapy, a man with brain cancer denied testosterone.

When this type of insurance company malpractice happens, you may have a lawsuit.  Contact us any time for free if you’d like to discuss your options.

Your baby is born and it is the most rewarding experience for your family and one that you’ve been anticipating for a long time. But, what if, what should be one of the brightest and happiest moments in your life, has turned to one of the darkest moments.

Such is the case for a mother in Cook County who just won a medical negligence against her obstetrician. In 2008, Evanthia Georgas had a seemingly normal delivery. After only two hours of labor, the doctor decided to use a birth-assisting tool, the vacuum-extractor. At birth, her newborn son showed signs of bruising above his left ear. A CT scan showed hemorrhages between the skull and scalp on the right side. Because of the medical errors made, her son had suffered from traumatic brain injury and a stroke leaving him, at the age of 10, to have left-side paralysis, cerebral palsy and frequent seizures.

Birth-assisting tools, such as the vacuum extractor, can be very beneficial during a difficult delivery, but can also lead to serious birth injuries and permanent medical issues if used improperly.
A vacuum-extractor is typically used when a difficult labor takes too long or the mother is too exhausted to continue pushing. During a contraction, the doctor will apply a soft cup to the top and back of the baby’s head that will help pull the baby out, using a light suction.

Birth injuries vary depending on how the vacuum extractor was misused. However, because a vacuum extraction does relate to the brain and most injuries are head or brain related one very surprising injury for a newborn can lead to a stroke.

The reality that a baby can have a stroke is shocking. Surprisingly, pediatric strokes are common and even have the same chances of experiencing a stroke as an older person. They usually occur in the first month of life in roughly one in every 4,000 births (whether premature or full-term) and are one of the top 10 killers of children.

You might be asking how strokes can even occur in a newborn. Eighty percent of strokes in babies are by clots, which are when a blood vessel carrying oxygen and nutrients to brain eithers bursts or are blocked.

A clot is actually a common risk during delivery. Childbirth is already a tremendous strain on the baby’s head and can often form a clot. Adding a vacuum-extractor can add more stress on the arteries and veins in the baby’s head potentially leading to a clot formation and therefore a stroke.

Several other birth injuries occur from the misuse of the vacuum-extractor. These can include skull fractures, retinal hemorrhages, brachial plexus injuries (also known as shoulder dystocia, Erb’s palsy or Klumpke’s Palsy), brain hemorrhages, nerve damage, neonatal jaundice and cerebral palsy. Untreated, some of these conditions can lead to paralysis, intellectual disability and other life-long conditions or even death.

I sincerely hope that you don’t have to go through this with your child, but if you do, it’s important to know that there are only a handful of law firms that have the experience to protect your family and child and to right this wrong legally speaking. It won’t fix what’s happened, but will provide significant compensation and hopefully prevent it from happening to anyone else again. If you’d like to talk with one of our lawyers about a case, call us for free any time at 312-346-5320 or fill out our contact form and we’ll call you.

The idea of spending a few days in bed may seem like heaven on earth to some, but the reality is there are many patients who are bedridden or confined to a wheelchair for extended periods. It can be very difficult for many patients to adjust to and often very painful. Those patients rely on nurses and rehab facilities to take care of them. When those people fail it is negligence and can lead to a lawsuit.

Due to a lack of activity for long periods, bedridden and wheelchair patients, become vulnerable to various health complications such as circulation and respiratory problems, depression and contractures. One of the most unfortunate and common health risks for bedridden patients is pressure ulcers or bedsores as they are most commonly known.

Unfortunately, bedsores are generally a sign of neglect and are a common sight in nursing homes, rehabilitation centers and hospitals. According to the Centers for Disease Control (CDC), as many as 1 out of 10 residents in an in-patient treatment center currently suffer from bedsores. Staff in these centers needs to remain aware that patients, of all ages and health, are at risk for bedsores and need to be diligent with preventive care.

Bedsores are injuries to the skin and underlying tissue resulting from prolonged pressure on the skin. Most of us have full mobility to rotate our bodies, which keeps the blood flowing normally avoiding any risk of bedsores. However, those with limited mobility are usually unable to rotate their bodies easily and therefore have poor blood circulation. Sitting or lying in the same position for long periods on areas of decreased blood supply adds pressure causing the bedsores. Over time, the decreased blood supply causes the flesh in these areas to die and form sores that can become very deep and can even become infected causing further complications, categorized into 4 stages.

Pressure on skin and tissues that cover bony areas of the body are at the biggest risk for breaking down and causing bedsores. Heels, ankles, hips, shoulders and tailbones are the most common areas and patients immobilized with medical conditions such as joint replacements, hip, pelvis or leg fractures, paralysis or coma are most at risk.

The severity of bedsores is based on how deep the sores are and the accompanying symptoms. As previously mentioned, there are essentially 4 stages to pressure sores. The stage number reflects the severity of the bedsore damage, with four being the greatest level of damage. As a bedsore progresses in severity, it becomes increasingly more difficult to correct.
Here are the four stages of bedsores to be aware of as well as treatment options:

Stage 1 Bedsore
Stage 1 is the beginning stage for a bedsore and only affects the upper layer of skin. Symptoms can include pain, burning or itching. The first and most important thing to do is to stop the pressure by changing position or using foam pads, pillows or mattresses. Washing the area with mild soap and dry gently. Eating a diet high in protein, vitamin A & C and Iron and Zinc are all helpful to your skins condition.

Stage 2 Bedsore
Once a sore has become an open wound, the bedsore has reached stage 2. This becomes very painful, as the skin is broken, swollen and tender. Sometimes this stage looks like a blister filled with clear pus. Skin also becomes damaged beyond repair in this stage. For treatment, you would follow the same steps as in stage 1, but also be sure to keep the sore covered with a see through dressing or moist gauze.

Stage 3 Bedsore
Here, the sore has deepened into a serious wound, forming a small crater. This indicates permanently destroyed tissue. Bad odor, red and yellow infected edges and drainage are all signs of infection. Stage 3 will need more care and your doctor may need to remove any dead tissue and prescribe antibiotics to fight any infections.

Stage 4 Bedsore
Stage 4 bedsores are the most serious and at the most advanced stage. The sores destroy muscle, bone and even tendons and joints and can often be lethal. It is imperative to tell your doctor right away as stage 4 can require surgery.

In stages 3 and 4 there is often excruciating pain due to significant tissue damage. Serious complications, such as infections to the bone or blood can also occur.
Pressure injuries can also be “unstageable,” meaning that the doctor cannot see the base of the sore to determine the stage. In some cases, a deep pressure injury is suspected but cannot be confirmed. These are DTI, or deep tissue injuries. This occurs when there isn’t an open wound, but the tissues beneath the surface have been damaged.

Those with bedsores can experience discomfort, great pain, depression and a reduced quality of life. If you have been a victim of medical neglect, contact an experienced attorney right away to get the help you deserve.  If you would like our help, fill out our contact form or call us at 800-517-1614 for a free consultation with a lawyer.

If you have a work-related injury in Illinois, you may consider seeking out legal help. First thing, you should consider what kind of attorney would best fit your criteria and interview them. This first meeting is an initial consultation and is your chance to really dig in and ask some important questions, make observations and evaluate to determine if they would be a good fit for you and your case.

You’ll want to have a list of questions in mind to ask relating to the lawyer’s expertise, experience, fees, special knowledge and management of the case. Listed here are seven questions to help guide you in your consultation.

Q: Will you be handling my case personally? Who will be doing the bulk of the work?
A: It is common for lawyers to delegate appropriate tasks to associates and/or paralegals. One Chicago work comp firm is famous for hiring really young lawyers and giving them tons of cases without much training or supervision. Chances are you spent some time finding this experienced workers compensation lawyer, and the last thing you’d want is for him/her to pass off your case to another attorney. You will want to make sure your hired lawyer is the one overseeing everything in your case and doing the high-level work involved.

Q: How much of your practice is devoted to workers’ compensation?
A: You are looking for a specialist in workers’ compensation, so ideally the lawyer should devote a significant portion of his/her practice to representing injured workers, if not 100%.  Most of the attorneys we recommend only handle work comp cases.  If they are doing any non-injury related cases it’s a bad sign.

Q: What are your fees and how is litigation costs handled?
A: This is obviously an important question to ask upfront. It is important to understand all fees associated with your case before retaining their services. All workers’ compensation attorneys work on a contingency basis, meaning they receive a percentage of your settlement. By State law, the fees are capped at 20% of what they recover for you.  But there will be expenses and if they ask you to give them money to cover that you should walk away.

Q: How will I know how my case is doing?
A: Communication is the key when working with a lawyer and this question should give you some insight into the attorney’s communication style. Ask the lawyer how often and under what circumstances you can expect to hear from him/her and to be sure you would be receiving periodic status updates. Also, find out if you can expect to hear from them via phone or email.

Q: How many cases have you represented that were similar to mine?
A. Experience matters, so now is the time to make sure they have experience in producing results in similar cases. Feel free to ask about their record of accomplishment, such as the number of cases won or settled. You can even go a step further and ask for references.  It’s not always enough that they only do work comp. You want them to understand your injury too if it’s unique.

Q: What is the best strategy for my case?

A. Once you have explained your situation to them, you should get a better idea of how the lawyer values your case and the steps he/she can take in favor of your case. No attorney can ever guarantee a recovery; but an experienced attorney should be able to give you a general assessment of your case, including strategy and possible outcomes.

Q: Is there anything I can do that can help my case?
A: For any successful case, you and your attorney should work as a team. An experienced attorney will understand this and will appreciate your willingness as a resource You may be asked to help answer questions on your case, gather medical records and documents, and to explain details of your injury. Make sure your conversation is thorough and that you know what may be expected of you moving forward.

Have you been injured at work in Illinois and been waiting for a settlement offer?  I have potentially good news for you. There is no better time of year than right now to get an offer.

While there’s no law that requires an insurance company to make an offer when you are hurt in Illinois and if you don’t have a lawyer there is a much higher chance that they’ll never make an offer or will low ball you, insurance companies are looking to settle this time of year.

Most insurance companies work on a calendar year and adjusters and supervisors are paid bonuses based on how many files they close.  So if they can get your case settled, approved and paid by the end of the year, it could result in a bonus to them.

In fact, many insurance adjusters will call up law firms and ask to have “settlement days” where they can meet about a lot of cases and get as many resolved as possible.

It’s a big advantage you have as an injured worker.  The person making the decision on your case isn’t worried about what’s in their company’s best interests as much as they are their own.  So you might get more than your case is worth and certainly more than what you can get in January by being aggressive now.

So if you have a lawyer for your work injury and your case is ready to settle, call them now and tell them to be aggressive.  If you don’t have a lawyer but want to speak to one for free, fill out our contact form or call us at 800-517-1614 and we will talk to you for free.

In general it takes 30-45 days to get a settlement processed, so the sooner you act the better it is for your case. Once Thanksgiving passes it’s not impossible to settle, but some of the motivation the insurance adjuster has disappears as every day passes.  In fact I’ve seen cases where offers were made and the adjuster said they’d only do it if the lawyer would guarantee to get it done before December 15th so they had time to pay out and close the file.

If you want help we are here for you when you are ready.

Part of my job allows me to educate people in all areas of the Illinois law. Medical malpractice seems to be the trickiest to grasp, so here is a list of 39 great tidbits, in no particular order, on the law specifically for Illinois Medical Malpractice. Of course, every case is different and this is not legal advice. Always consult an attorney before making any decisions.

1. Medical Malpractice is the third leading cause of death, according to the Journal of the American Medical Association.
2. Just because you had a bad medical experience doesn’t mean there is a case. Many procedures are very risky in nature.
3. To win a malpractice lawsuit, you will need to be able to show negligence, resulting in further injury.
4. Symptoms of medical malpractice do not always appear right away.
5. Medical malpractice covers a wide range of medical errors. This could be in diagnosis, medication dosage, health management, treatment, surgery or aftercare.
6. In Illinois, a medical malpractice case is typically filed in the same county that the malpractice occurred in.
7. Illinois doctors are not required to carry malpractice insurance. However, most do. Those that do not carry medical malpractice insurance are required to post a sign informing patients that the doctor or doctors have no malpractice insurance.
8. Every medical malpractice case has a statute of limitations. According to Illinois malpractice law, the patient has up to two (2) years from the date they knew or should have known of the injury to file a lawsuit no more than four years from when it happened.  The time limits are longer for minors.
9. On average, it will take six months for a lawyer to investigate a case. This starts from your first call. Your lawyer and you can then decide to move forward with a lawsuit or not.
10. If you feel you might have a case, it is important to document everything. Every appointment, conversation, procedure, diagnosis, and test completed should be properly documented.
11. There must be a direct link between an alleged negligence and the injuries claimed to be from the negligence.
12. The plaintiff, the person filing, has the burden of proof. This means it is their responsibility to prove there was negligence by the defending party.
13. Unfortunately, in most cases, when medical negligence suffered it is too minor and is not worth pursuing a lawsuit.
14. Birth injuries are one of the most devastating cases and, naturally, require some of the highest damage amounts.
15. Most infection cases are a result from having a medical procedure.
16. It is always a good idea to order your medical records as soon as possible.
17. Even if you signed a consent form, you might still have a case.
18. Medical malpractice cases are rarely quick cases. There is usually a delay by the insurance companies in hopes they can fight the case. Stay calm and fight the good fight.
19. With that being said, good lawyers will be aggressive to get you what you deserve in the quickest time possible. Remember, patience pays off. A case that gets you a $2 million settlement may take 18 mos. That same case could get you a settlement of $10 million settlement, but may take up to 4 years. Embrace patience.
20. Medical malpractices trials can easily last for 2-3 weeks.
21. The standard of care, or the level of care by a competent health care professional with a similar background would have provided under the same circumstances, can be very subjective and differs from location to location.
22. To have a strong medical malpractice case, you will need to have a doctor in the same area of practice certify with an affidavit that in their medical opinion malpractice did occur.
23. It’s a conflict of interest for doctors to speak ill about other doctors in their office. It is often best to seek an expert opinion from doctors out of their network.
24. Good lawyers will spend 1,000+ hours working on a medical malpractice case.
25. In medical malpractice cases, it could be doctors, nurses, hospitals, facilities and the like that are being sued. Each of these identities would need their own lawyers. Coordinating so many schedules can be a challenge so cases are often scheduled months down the road. This is often a reason for why a case may take longer than expected.
26. Young and eager attorneys, having less than ten (10) years’ experience, will gladly accept a medical malpractice case, but it is most beneficial to seek an experienced attorney.
27. Many law firms already have hired relationships with doctors and nurses to help perform initial reviews of cases.
28. While medical malpractice lawyers often handle personal injury cases, the reverse is not the same. Personal injury lawyers usually don’t handle medical malpractice cases.
29. There are very few firms that have a track-record of winning medical malpractice cases. Hiring inexperienced firms can ruin your chance of winning your case.
30. There is no legal published list stating how many times a doctor has been sued in the past or was a part of a medical malpractice settlement.
31. Veterans Administration hospitals is held liable for medical malpractice under the Federal Tort Claims Act. Still, their rules and procedures will be handled differently.
32. Cook County is known to be the most supportive in Illinois for plaintiffs to file, but the success rate for cases that go to trial is still only around 20%
33. The success for plaintiffs in smaller downstate regional counties is very low.
34. Sadly, medical malpractice cases for the elderly are hard cases to win. No matter how bad the care was their case damages are limited as their life expectancy is already short.
35. In a winning case, there is no cap as to how much can be won, but there are usually no punitive damages towards the defendant.
36. Medical malpractice attorneys work on a contingency basis. This means they can only be paid if your case wins. Under Illinois Law, lawyer fees are capped at 1/3 of the money recovered.
37. Medical malpractice cases are very expensive to bring to trial. Many attorneys will have to pay, out-of-pocket, over $100,000 in expenses for expert and court fees.
38. You hold responsibility for your own treatment. Failing to do so can be comparative negligence. This means if you found to be 50% responsible, then you may only recover 50% of the associated damages in an injury claim. If found more than 50% at fault, you will get nothing.
39. Every case is different and there is no way of outlining how much a case is worth if winning or settling.

If you have any questions or want our recommendation as to who the best Illinois malpractice attorney is for your case, please fill out our contact form or call us at 312-346-5320.

See also: Do you have an Illinois medical malpractice lawsuit?

Many preexisting injuries, such as arthritis and degenerative disc disease, often get aggravated by a work injury. A workers’ right to file for worker’s compensation in Illinois for these preexisting injuries is often misunderstood. You do have the right to file for workers’ compensation benefits if an injury causes, aggravates or accelerates your arthritis or degenerative disc disease.

Arthritis is very common, but is not well understood. With over 100 different types of arthritis, it is not a single disease; it is an informal way of referring to joint pain or joint disease. With degenerative disc disease, changes in the disks in your back cause pain.

Common arthritis joint symptoms include swelling, pain, stiffness and decreased range of motion. Symptoms may come and go, they can be mild, moderate or severe and may stay about the same for years, but may progress or get worse over time. Severe arthritis can result in chronic pain, inability to do daily activities and make it difficult to walk or climb stairs.

Degenerative disc disease is one of the most common causes of low back and neck pain and a form of arthritis. Despite what the name suggests, degenerative disc disease is not a disease, but a condition in which natural, age-related wear-and-tear on a disc causes pain, instability, and other symptoms. An injury to the disc can activate and accelerate degenerative disc disease often causing chronic neck and back pain.

Plenty of job requirements create an environment to make a person more likely to aggravate these pre-existing conditions. Jobs requiring repetitive motion, such as typing and assembly line work, high impact activities, such as manual labor and construction, or remaining sedentary for too long can all lead to aggravating arthritis or degenerative disc disease.

Repetitive motion work injuries can be a serious detriment to your health. It is important to understand that these pre-existing conditions, when aggravated, are covered by Illinois Workman’s Compensation and a pre-existing condition does not disqualify an injury as a work injury. When claiming compensation for an aggravation of a pre-existing condition, you must be able to show that the aggravation of the injury was a result of work.  A good attorney can help you talk to your doctor about this.

Employers are required under Illinois Workers’ Compensation Law to carry insurance covering work-related injuries. Injuries that aggravate or accelerate a work injury are compensable under workers’ compensation, regardless of an employer’s culpability or the employee’s prior physical condition. The basic eligibility requirements for a claim must show that an employee suffered a work-related physical injury.  Any medical care would be 100% paid for, lost time would be compensated and you’d be owed a settlement when all is said and done.

Workers’ compensation is a complicated system. Many injured workers do not get the benefit settlements they deserve. We are experienced attorneys and can help you find the best Illinois workers’ compensation law firm for your case.   If you would like our help, fill out our contact form or call us at 800-517-1614 for a free consultation.  We cover all of Illinois.

Help! I’ve fallen and I can’t get up! Don’t worry!!! Help is on the way! But before you get ready to look into a slip and fall legal action, or a lawsuit against the establishment where you fell, one part of the fall is very important. Why did you fall?

Take this situation into consideration. You are at a restaurant in Chicago and need to go to the bathroom which is located downstairs at the restaurant.  You are a few stairs from the bottom and you fall, badly breaking your ankle.  You scream in pain and are rushed to the closest hospital where you have surgery with pins and a metal plate put in to your ankle to hold it in place.

Do you have a good slip and fall lawsuit?

While it seems like a great case, we need to figure out why you fell.  Did you just miss a step?  If so, that’s a bad case.  Were the stairs wet?  It could be a case.  It depends on why they were wet.  If you can’t prove why, you probably lose.  If it’s from a customer who spilled a drink a few minutes ago, you probably lose.  Restaurants don’t have to monitor the stairs 24/7.  If it’s from a leaky pipe then it’s probably a great case.  If a waiter spilled a tray of drinks on the stairs you’d likely win too.

Maybe you fell because the stairs were poorly lit and you couldn’t see where you were stepping. That’s likely a strong case.  Same if the handrail broke or there was a tear in the carpet that caused you to trip.  In some places not having a handrail could be enough to win the case.

When you are laying on the ground in tremendous pain you of course aren’t thinking of anything other than how bad it hurts. Unfortunately this causes many people to lose their slip and fall case because if you can’t prove that you fell because of negligence, you can’t win.  So if you did have an accident and didn’t have a chance to inspect the property, send a friend back ASAP or even better yet, go back yourself and take pictures.  If there were witnesses try to get their information.

In general, Illinois slip and fall lawsuits are challenging and many personal injury lawyers don’t take them.  We know the ones that do and they get great results for their clients.  If you’d like to speak with one of our lawyers for free and find out if you have a case and/or get an attorney referral, call us for a free consultation at (312) 346-5320.  We cover all of Illinois.

See also: Big Myth About Illinois Trip And Fall Lawsuits

Although they are very hard cases, we have had tremendous success over the last 17 years with Illinois medical malpractice lawsuits. To win these cases you must show that the doctor was negligent. As it costs a ton of money to pursue these cases (on average it’s around $100,000.00 to go to trial in expenses) you also need big damages to make it worth pursuing.

A caller to my office thought she had a great case. She went through a surgery where her bladder was cut.  When she woke and found out what happened the doctor apologized profusely to her and said that it was his fault.

So in her mind this was a slam dunk and I get why she feels that way.  The doctor said he screwed up so he’s in the wrong, correct? Unfortunately this is wrong for two reasons.

First, even if a doctor says sorry, if the error is considered an acceptable risk of a surgery then it’s not negligence.  In this case, when you have a hysterectomy, it’s a risk that the doctor could nick your bladder.  If that happens and it’s caught in a timely manner it’s not negligence in most cases.

Second, as part of their risk management practices, insurance companies have been advising doctors to apologize to patients who get injured under their care.  It’s a strategy done to prevent you from looking for a lawyer.  Essentially insurance companies want you to feel that the doctor is a good person who just made a mistake and not sue them as a result even if they hurt you really badly.  So if push came to shove and this went to trial, a doctor could simply say that they only apologized because the insurance company recommended it.

Does this sound fishy?  Welcome to the world of dealing with insurance companies.  They’ll do whatever they can not to compensate you with money you are entitled to.

None of this is to say that a doctor apologizing is a bad thing.  I’ve actually seen doctors admit they messed up and encourage their patients to get a lawyer.  But in general, while the apology can be helpful, it doesn’t guarantee anything.

Bottom line is that if a doctor apologizes you should write down what they said to you and definitely call an attorney right away, but it’s not a slam dunk win. It’s just a potential piece of the puzzle.

If you’d like to speak to a lawyer for free about a potential malpractice lawsuit, call us any time at (800) 517-1614.

We are experienced Chicago based injury attorneys for cases throughout Illinois. If you would like a free consultation, please call us at (312) 346-5320.

As an expecting parent, you have so much hope for your unborn son or daughter.  It’s a terrible shock when they are injured at birth.  If it’s possibly due to negligence from the doctor or hospital, it’s important that you know what to look for.  We put together a list of things you should know.

– There are all sorts of birth injuries that we see.  The most common is when they keep the baby inside the mother too long.  This can result in a brain injury.

– To determine if there is a brain injury, we look at the cord gas (blood taken from the umbilical cord).

– In most brain injury birth cases, the child will have a seizure and abnormal MRI within the first 48 hours after delivery.

– It’s typical, when a brain injury is suspected, for the doctors to apply a cooling process as this can potentially reverse or limit brain damage.

– When a baby shows distress through the fetal monitoring system they should be removed from the mother within 30 minutes.

– Another big warning sign is when the baby’s heartbeat drops after a contraction. Typically being squeezed would raise the heartbeat.

– The other big birth related injury is to the arm and shoulder.  Brachial plexus and Erb’s Palsy are the two most common ones, usually from the child being too big for the birth canal or the doctor making an error while pulling the baby out.  If the baby has a permanent injury it could be worth filing a lawsuit.  Shoulder dystocia happens when a baby’s head gets trapped behind the mother’s pelvis during delivery.  It can lead to terrible outcomes including difficulties when breathing, a collarbone fracture, cerebral palsy, a brachial plexus fracture, and in some instances, death.

– The time limit to sue for most birth injury cases is eight years from the delivery.  Note if you treated at a Government run hospital, the time limit could be as little as one year.  And if your pediatrician is employed by a Federally funded clinic, the time limit to sue is no more than two years from delivery and must be done under the Federal Tort Claims Act. So even if you delivered at a hospital like Rush or Northwestern, if the doctor is actually an employee of the Federally funded clinic, the time limit to sue them is only two years.

– In most cases you have to wait a couple of years to see what the ultimate outcome of the baby is before proceeding with a lawsuit because otherwise you can’t fully assess their damages and the case value.  In other words, don’t be stressed if your case is taking many years.

– The most important point you should know is that there are really only a handful of attorneys who have a great track record of success with these cases.  In a case with a really serious injury, the right law firm isn’t only the difference between winning and losing, but it can also be the difference of many millions of dollars.

If you want to discuss your case and/or find out who the best law firm is for you, call us for a free consultation.  We will give honest, blunt advice and recommend a firm with an incredible track record.  This doesn’t guarantee a win, but gives you the best chance at a good result.

Rehabilitation centers can be integral to the treatment and rehabilitation of a patient suffering from functional limitations or loss resulting from a stroke, injury, disability, disease or recent surgery. While rehabilitation centers may help you to improve your body’s functions, a recent government study found they sometimes can go wrong and even make things worse.

The office of the inspector general of the U.S Department of Health and Human Services published a report in 2016 stating that 29 percent of patients in a rehabilitation center sustained an injury or other type of harm because of the care received leading to prolonged stays, hospital transfers, life-sustaining interventions or death. The study found 46 percent of these cases were likely to be preventable.

The injuries following rehab care identified in the study ranged in severity. From a temporary injury to something that required a longer stay at the facility or that led to permanent disability or death.
Harm can occur in any type of an inpatient setting, but rehabilitation facilities are underestimated in terms of what type of harm can occur. Some of the most common injuries from rehabilitation facilities are here.

• Medical Errors – The study suggests that medical errors are the third-leading cause of death in the U.S. Many of these rehab centers are staffed inadequately causing substandard treatment, insufficient patient monitoring and failure to provide needed treatments to patients. These are the key reasons harm occurs at rehab facilities. These failures lead to one in three patients receiving a medication error. The harm from medication errors range from dizziness and unbalance to bleeding from gastric ulcers due to blood thinners and a loss of consciousness linked to narcotic painkillers.

• Bed Sores – Bed sores occur when there is unrelieved pressure to the skin, occurring most frequently to areas of the body where bone and skin are very close to contact. Patients most at risk are those immobilized from medical conditions such as joint replacements, hip, pelvis or leg fractures, paralysis or coma. Staff in a rehabilitation center needs to remain aware that rehab patients, of all ages and health, are at risk and need to be diligent with their preventive programs. If not treated they can cause serious health problems like infections and other life-threatening injuries.

• Infections – Infections can occur not only by bed sores, but also after a surgery. Various types of organisms can develop at the site of the surgical wound or any type of line or catheter inserted into the patient. Unfortunately, rehabilitation centers are frequently not set up to treat serious infections.

• Falling – Falls are a common patient injury in a rehabilitation center, and while some are unavoidable, others are due to the staff’s negligence. During a physical rehabilitation session, staff may become distracted allowing a patient to fall. Clean floors usually mean slippery floors and are a common cause for a fall. Countless medical conditions and medications can lead to dizziness and a loss of balance causing a patient to fall. For the injured, a fall can have serious consequences.

• Dropped by Staff – Facility staff are often required to transfer a patient. Staff should be experts at transferring patients safely and effectively while minimizing pain and injury. However, if done negligently, it can lead to accident or fall resulting in injury.

These cases are very much like nursing home abuse claims, but they are different and certainly require experience.  Beware general personal injury attorneys who try to handle these cases without a true track record of success.  We work with the best firms in Chicago and throughout the state on this very niche area of law.  If you would like a referral please call us at 312-346-5320.

We are experienced Illinois lawyers who will help you find the best attorney for your case.  If you would like a free consultation, call us at 312-346-5320 or fill out our contact form.  We are based in Chicago, but cover all of Illinois.  For more information on strokes in surgery, please read on.

Anytime you go in for surgery, it can be frightening. Even a small every day procedure can turn into something unexpected very quickly. One of those things is a stroke. For the majority of people, the chance you may have a stroke during or after surgery is as low as 1%. However, this can go up to 10% depending on your age, overall health and what exactly your surgery is for. Heart patients have the highest risk of stroke during or after surgery.

In one case in Cook County, Illinois, a patient was awarded $4.6 million dollars after having a stroke during surgery. In her specific case, the cause was the anesthesiologist using a technique that caused the patients’ blood pressure to drop below the normal range. In this case, the woman was 70 years old with a history of blood pressure issues and diabetes. The stroke left her unable to move part of body, which eventually improved, however she didn’t regain full strength on the left side of her body.

One of the most common reasons people have strokes during or after surgery is a blood clot. This of course causes a problem because one way to avoid blood clots is administering blood thinners. Having blood thinners in your system during surgery could seriously increase the risk of bleeding, however some research shows a simple dose of aspirin may be enough to help decrease the risks of bleeding and blood clots at the same time.

With an ischemic stroke, there is a problem with blood flow to the brain during or after surgery. The anesthesiologist has to monitor this during the entire surgery as the results can be catastrophic if a problem occurs.  Time is of the essence when this happens as within minutes brain cells begin to die.

All surgeries carry some risk. Not all surgeries carry catastrophic risks. Stroke being one of those catastrophic risks. If you or a loved one had a stroke during or after your surgery, you may have a medical malpractice or negligence case. Contact us to discuss your situation and get a free review to see if you have a claim.