Find The Best Attorney For Your Case
(312) 346-5320 or (800) 517-1614
Free Consultations - 24/7
No Appointment Needed, Just Call

Illinois Lawyers Blog, Talk To An Attorney For Free

We have been helping people find the best Illinois medical malpractice lawyer for their case since 2001. We’ve helped thousands of people with these very tough cases. Having the right law firm is the difference between winning and losing. The right attorney can also make your case worth more money.

While there are hundreds of things that could lead to an Illinois medical malpractice lawsuit, here are some of the most common we’ve seen:

  1. Failure to diagnose cancer. Typically when you can show that your doctor delayed discovery of your cancer by six months or more, you have the chance to bring a lawsuit, especially if your outcome got much worse.
  2. Failure to diagnose a blood clot. This can happen when you come to the hospital with certain complaints or after a surgery. If they don’t catch it in time it could have catastrophic results.
  3. Not recognizing nerve compression on your spine. Sometimes when they don’t discover this in time it could result in you being paralyzed.
  4. Not recognizing the signs of a stroke or stopping it in time. These are tough cases for sure, but if you can prove that had they treated you earlier the outcome wouldn’t be as bad, you have the makings of a big lawsuit.
  5. Giving the wrong medication. There are supposed to be protections in place, but at least once a month we get a call from someone who was given the wrong meds, often medication meant for another patient. If it causes a harm, it’s a lawsuit.
  6. Giving the wrong dose of medicine. Again, there are supposed to be protections in place, but sometimes a much higher dosage is given with terrible results.
  7. Not checking for medication interactions. Some drugs together can be deadly.
  8. Foot drop after knee replacement surgery. While foot drop is a risk of some back surgeries, it shouldn’t happen from a knee replacement and if it does it’s usually due to surgeon error.
  9. Not performing a C-section in a timely manner. If the baby is in distress and this doesn’t happen right away, the results can be awful. This falls under the general category of birth injuries and can be things like causing a brachial plexus (shoulder) injury for improper delivery and many other problems.
  10. Anesthesia errors. While going under is always a risk, if you aren’t monitored properly and are injured it’s likely a lawsuit, especially if there is brain damage.
  11. Not ordering proper tests. Some simple tests can prevent big harms.
  12. Surgical errors. There are too many to list as to what can happen. Some are risks of a procedure, but many are just negligence. For example, cutting a nerve during a spinal fusion. Another one is improperly placing a patient during a surgery. In one case the patient’s head dropped and resulted in a major, life altering neck injury.
  13. Not catching an infection in time. Getting an infection is usually not malpractice. But if they don’t realize you have one it can lead to sepsis which can cause amputations or even death.
  14. Improper interpretation of diagnostic tests. Misreading a MRI, X-ray, CT scan etc can have catastrophic results.
  15. Not notifying patients of a result. In one case were involved with, the doctor knew the patient had colon cancer, but due to office miscommunication, nobody ever told them.
  16. Using the wrong sperm at a fertility clinic. This isn’t common, but there have been times when sperm has been used to fertilize the wrong egg.
  17. Not diagnosing chicken pox. Although we remember chicken pox as a kid as no big deal, if an adult gets it and it isn’t treated, it can be deadly.
  18. An air bubble during a procedure which causes an embolism. This can be from a hole in a catheter, a defective tube, a straight injection of air or many other reasons. The results are usually deadly.
  19. Improper follow up instructions and/or failure to refer patient to a specialist. This happens a lot with emergency room visits and is often a result of staffing issues or bad communication protocols. A lot of ER doctors are now just contractors and don’t work well with the corporations that own the actual hospital. This can have terrible results for patients.
  20. Failure to monitor. This can be so many things as well. In one case we helped with, a dialysis patient wasn’t monitored during their procedure and literally had most of their blood removed from their body, resulting in death.

As you can see, a lot of malpractice cases fall under similar descriptions. We know the best lawyers in Illinois for suing a doctor, hospital or other medical provider. If you would like a FREE, confidential consultation to see if you have a case, call us any time at 312-346-5320. We help everywhere in Illinois.

See also: Do I Have A Medical Malpractice Case?

We have literally helped tens of thousands of injured Illinois workers in the last 23 years. There isn’t a legal issue that we haven’t seen or helped with when it comes to job injuries.

A lot of injured workers want to leave the job they got hurt on. Sometimes it is because their old company sucks. Other times they want to go to a less physically demanding job. And in some cases a better opportunity comes along.

So we get asked a lot by injured workers if they can quit their jobs while on workers comp?

The answer is yes you can, but it’s a much bigger question as to whether or not you should.

Generally speaking, if you are injured on the job and receiving TTD benefits, it would be a really bad idea to quit. If you do, your old employer could lie and say that had you not quit, they’d have a job for you within your doctor’s restrictions. In other words, unless you are taken completely off work, odds are you will lose your benefits.

Now if you have a better paying job lined up, that might be a reason to consider leaving. That said, if there’s any risk that the new job can aggravate your condition, I would think long and hard about leaving. If the new job seems to make your problem worse, the insurance company for your work comp case will use that as a reason to cut off your medical benefits too.

In other words, you could be putting both your financial and physical health at risk if you quit. While it’s still a consideration as you get closer to settling, that is really the best time to think about leaving. But even then, doing so could cost you hundreds of thousands of dollars.

I say that because if you have permanent restrictions your old job can’t cover, they might have to pay you the difference of what you’d make with them vs what you can make in a new job within those restrictions. So if you had a great union job making $65 an hour and now can only make $20 an hour, you are entitled to 2/3 of the difference. But if you quit, the employer will say they would have accommodate you. So your settlement could go from $350,000 to $50,000.

Bottom line is that whatever your situation is, if you are hurt while working, don’t quit your job before going over the case with an experienced attorney. If you would like to talk with us for free, you can call any time. We help all over Illinois.

We are Chicago-based injury attorneys who cover the entire state of Illinois. If you would like our help, fill out our contact form, or call us at 312-346-5320 for a free consultation.

When you need to hire a lawyer for an injury case such as a car accident, slip and fall, work injury, etc., the most important criteria is that they concentrate their practice on injury cases. That is a good predictor for them having a track record of success which increases your chances of a good result.

Focusing on personal injury cases day in and day out, these attorneys have seen everything and know the law backwards and forwards. We believe that a lawyer who handles traffic or divorce or bankruptcy cases for example, in addition to injury cases, does not give you best chance of success. It’s hard to do well across so many practice areas.

Communication is also very important for a successful case. One part of excellent communication centers on the lawyer being responsive, and calling and emailing you to keep you updated. Another part is being able to explain the law and aspects of your case to you. Finally, and most importantly, if you don’t speak English, it helps to have an attorney that speaks your language.

When it comes to injured people who speak Serbian, the good news is that there are some reputable, experienced injury lawyers in Illinois who are fluent. This means that you don’t have to settle for a Serbian-speaking lawyer who is a jack-of-all-trades and doesn’t specialize in work injuries.

The bottom line is that you shouldn’t hire an attorney just because they speak Serbian. Hire a qualified, experienced attorney with a great track record who you can also communicate with. If you would like a recommendation, please reach out to us at 312-346-5320 any time.

Mi smo advokati za povrede sa sedištem u Čikagu koji pokrivamo celu državu Ilinois. Ako želite našu pomoć, popunite naš kontakt obrazac ili nas pozovite na 312-346-5320 za besplatne konsultacije.

Kada treba da angažujete advokata za slučaj povreda kao što su saobraćajna nesreća, okliznuće i pad, povreda na radu, itd., najvažniji kriterijum je da oni svoju praksu koncentrišu na slučajeve povreda. To je dobar prediktor za njih koji imaju rekord uspeha koji povećava vaše šanse za dobar rezultat.

Fokusirajući se na slučajeve ličnih povreda iz dana u dan, ovi advokati su sve videli i poznaju zakon unazad i unapred. Verujemo da advokat koji vodi, na primer, slučajeve saobraćaja ili razvoda ili stečaja, pored slučajeva povreda, ne daje najbolje šanse za uspeh. Teško je napraviti dobar rezultat u tolikom broju oblasti prakse.

Komunikacija je takođe veoma važna za uspešan slučaj. Jedan deo odličnih komunikacionih centara se zasniva na tome da advokat reaguje i da vas zove i šalje e-poštu kako biste bili u toku. Drugi deo je mogućnost da vam objasnim zakon i aspekte vašeg slučaja. Konačno, i što je najvažnije, ako ne govorite engleski, pomaže vam da imate advokata koji govori vaš jezik.

Kada je reč o povređenim osobama koje govore srpski, dobra vest je da u Ilinoisu postoje renomirani, iskusni advokati za povrede koji tečno govore. To znači da ne morate da se zadovoljite advokatom koji govori srpski, koji je majstor za sve poslove i nije specijalizovan za povrede na radu.

Suština je da ne treba da angažujete advokata samo zato što govore srpski. Unajmite kvalifikovanog, iskusnog advokata sa odličnim iskustvom sa kojim takođe možete komunicirati. Ako želite preporuku, obratite nam se na 312-346-5320 u bilo kom trenutku.

We have a track record of helping people win Illinois medical malpractice lawsuits. Call us at 312-346-5320 for a free consultation with an attorney.

Anesthesia is combination of drugs administered by a doctor or nurse that makes medical procedures and surgery easier and more comfortable for patients as well as the medical professionals conducting the procedures.

There are three types of anesthesia. Local anesthesia numbs only a small part of your body for a short period of time. An example is an injection of novocaine at the dentist. Regional anesthesia numbs a larger area for a few hours. An example is an epidural during childbirth to numb everything below the waist for the mother.

The third is general anesthesia. General anesthesia affects the entire body. An anesthesiologist administers drugs to make the patient unconscious and keep them from moving during an operation.

Brain damage or death from anesthesia is rare; however, over 60,000 Americans have surgery under general anesthesia every day, and medical malpractice sadly does happen. When something does go wrong, the effects can be devastating for the victim and their family.

Brain damage cam occur when the brain is deprived of oxygen. Complications during the administration and monitoring of anesthesia include:

• The breathing tube is not inserted correctly or quickly enough.
• A stroke occurs, and it is not recognized and treated immediately.
• The patient’s medical history isn’t fully taken into account regarding medications and dosages.

The other big error that occurs is a failure to properly monitor the patient. Doctors get distracted or too confident and fail to do their job.

Even if complications are not fully within the anesthesiologist’s control, it is their responsibility to carefully plan the procedure, monitor vital signs, and react quickly and properly if things go wrong.

We have seen cases where the anesthesiologist administered the wrong drug or the incorrect dosage. We have seen instances where an anesthesiologist was distracted or out of the operating room when the patient’s vital signs were dropping.

If you or a loved one is experiencing any of these symptoms, brain damage may have occurred:
• Slurred speech
• Loss of coordination
• Abnormal behavior, particularly aggression
• Seizures
• Extreme confusion (beyond the first couple weeks post-surgery)

And in the worst cases, a person can die, be brain dead or completely incoherent.

When a loved one comes out of surgery with brain damage, it is important to have the case investigated to determine who is at fault and why. We have helped hundreds of people in similar situations over the last 23 plus years and would love to help you find out if you have a medical malpractice case for an anesthesia error. Contact us any time at 312-346-5320. We cover all of Illinois.

We are Illinois attorneys who will help you find the best lawyer for your case. Call us at 312-346-5320 for help anywhere in Illinois. We have helped tens of thousands of injured workers since 2001.

When you are injured on the job in Illinois, you generally speaking have the right to choose your own doctor. And the insurance company has to pay for 100% of that care.

The work comp insurance company for your employer has a right to send you to a doctor of their own choosing called an independent medical examination or IME. This is not a doctor who is there to treat you or look out for your best interests. Their job is to review your medical records and examine you to answer questions the insurance company has. These questions include do you have a work related injury, what treatment is needed, can you return to work and more.

Many of these IME doctors are hired guns who will say whatever the insurance company wants and hurt your case. Some of them are honest even if they skew their opinions in favor of the insurance companies.

When the IME doctor writes a report that says you can return to work or your injuries aren’t work related, you can bet that the insurance company will tell you about it right away. They are looking for any reason possible to cut you off. So when they have news that helps them, they will go forward with it.

But many times an IME happens and you don’t hear anything. Not hearing within a week or two can be normal. Over a month isn’t. So where is the IME report?

There is no law that requires the insurance company to give you or your lawyer a copy of the IME. We’ve seen many cases where they simply don’t do that. In that case we can subpoena the doctor directly to try to get a copy of the report. That is usually but not always successful.

In other cases, the doctor simply won’t write a report. What they will do is call the insurance adjuster or defense attorney and tell them what they would say. They’ll then ask if they should write a report or not. If it’s bad news, the insurance company will say don’t do it. Does that sound sleazy? Hell yes, but it’s totally legal.

So what do you do if you can’t get a report?

A smart attorney will push forward. When an IME happens and isn’t produced, it’s assumed in court that the findings would be in your favor. So while you might not have the evidence in hand, it actually will work for you.

Realistically though, once your lawyer pushes forward, most insurance companies will roll over because they know that they don’t have a defense.

The bottom line is that you shouldn’t wait forever. If it’s been two weeks and there’s no report, it’s time to get aggressive. If you’d like our help in any way, please let us know.

Someone I care greatly about is a week away from their 25th anniversary. While they are lucky to have a great marriage, the reality is that around 50% of marriages do end in divorce. Here are 25 things you should know about Illinois divorce law.

  1. While there is technically a waiting period to get divorced, if you both want it to happen, it will happen. And if one of you doesn’t want it, the waiting period will be over by the time the case is ready for trial.
  2. Divorce is filed in the county you live in.
  3. If you just moved to Illinois, you have to be a resident here for 90 days before you are eligible to file for divorce here.
  4. An uncontested divorce means you and your spouse agree on EVERY issue there is to agree on.
  5. The total cost for a divorce depends on how long it lasts. The longer it takes, the more it costs. So if you can agree on things it will be much cheaper.
  6. If one spouse makes a lot more than the other, a petition can be filed to have the higher earner pay the lower earner’s lawyer fees. This is done so the wealthier person can’t abuse the court system.
  7. The county will charge a filing fee. It is around $500.
  8. It’s illegal for an attorney to handle a divorce on a contingency basis.
  9. There is no such thing as alimony in Illinois. We do have maintenance which is designed to help you maintain the lifestyle you’ve grown accustomed to. How long it lasts depends on the case facts.
  10. We highly recommend that you hire an attorney who almost exclusively handles family law cases. Attorneys who handle multiple areas of law tend not to do the best job, especially if the case gets complicated.
  11. A QDRO is a division of retirement benefits. You should make sure your lawyer handles that as part of the divorce. Too many fail to do it which can cause problems down the road.
  12. Things acquired during the marriage are considered marital assets. This includes any businesses started or joined. So if your spouse became a partner in a medical group for example, you’d have an interest in their financial share of that business.
  13. Judges generally do not care if your attorney is male or female. Most follow the facts and don’t have crazy biases.
  14. Custody can be part of a divorce. There is no such thing as “father’s rights.” That’s just a marketing term. Fathers and mothers have the same rights under IL law.
  15. If your spouse has a child with someone else and you did not adopt that child, you don’t have to legally support them.
  16. Legal separation means not living together as husband as wife. In other words, you aren’t sleeping together or having sexual relations.
  17. You can be legally separated but still live in the same house. That is way more common than you think.
  18. Just because a divorce is filed does not mean you have to go through with it. In some cases it’s a great way to get into marital counseling or work out issues that are causing strife in the marriage.
  19. If one parent refuses to participate in raising a child, they generally can’t be forced to. That won’t get them out of paying child support however.
  20. If your spouse is making you feel unsafe, you can file an order of protection against them which will usually result in them being barred from the marital home.
  21. Mediation is a great option to make the divorce quicker and cheaper if you are both interested in resolving any differences. Even doing that though, it’s wise to have an attorney in your corner to protect you and make sure you are thinking of everything you need to know. The mediator is a neutral and can’t give legal advice.
  22. A lawyer can’t represent both parties in a divorce. If your spouse says a certain lawyer will handle everything, know that your spouse has an attorney and you do not.
  23. The #1 thing you can do in the beginning of a divorce is meet with a lawyer and come up with a list of goals. That could be related to custody, support, property or a lot of other stuff. If you are goal focused that will help you achieve the best result possible.
  24. Nobody finishes a divorce and says “that was great,” but if you are goal focused, it’s our experience that you will be satisfied sooner.
  25. It’s the job of an attorney to take the emotion out of a situation. They aren’t there to provide emotional support and if they do, you are paying them a really high rate to listen to you and give sympathy. We highly recommend people go to therapy if they are (understandably) emotional while going through a divorce. A trained professional is way better for you than a divorce attorney who probably charges twice as much.

I hope that if you are possibly going through a divorce in Illinois that these tips help. And if you need assistance with a case, please call us for free any time at 312-346-5320.

See also: Alimony, spousal support, maintenance – what you need to know

Baseball is back! Hope spring eternal and Cubs fans can dream of winning our first World Series since 2016. And White Sox fans can dream of not losing 100 games.

When I was in law school, a professor pointed out to us how everything around us could potentially be a legal issue. It’s really changed the way I think. With that in mind and in celebration of the new season, here are the top ten legal issues that will happen at and around Wrigley Field this year.

  1. Workers’ Compensation – We don’t think of professional athletes as employees, but they are. Injuries are a part of baseball and when a Cubs player gets hurt or a visiting player gets hurt, it can lead to an Illinois workers’ compensation claim. In recent years, players such as Chris Bosio, Jason Adam, Allen Webster and others have filed cases. So have park employees who get injured in a variety of ways.
  2. Trespassing – You can bet at some point, some drunken idiot is going to run onto the field. There’s actually a law that can make this a felony after a father and son attacked a Royals coach years ago at Comiskey. Stay off the field.
  3. Public Urination – There’s going to be a theme here that baseball games lead to a lot of criminal charges. I used to live across the street from Wrigley and can tell you by experience that there aren’t enough bathrooms for people out in the street. The drunk and desperate ones will pee anywhere.
  4. Battery – Baseball should be joyous, but there are a lot of jerks and people who can’t handle their liquor around. I’ve seen double digit fights over the years, usually from opposing fans and Cubs fans getting into it.
  5. Prostitution – You wouldn’t think it happens, but it’s definitely out there and around the ball park. While I personally think it should be legal, it’s not and every year people get caught. There are so many tourists and business people that get targeted and often arrested for solicitation too.
  6. Counterfeiting – It’s not as common as it used to be, but there are still fake tickets floating around and being sold on the streets.
  7. Personal Injury – Getting hit by a foul ball is a risk of being at a game. But getting hit by a ball that a player throws into the stands isn’t. Neither is getting trampled by fans trying to get that ball. And we’ve seen people hit by cars because drivers don’t know how to drive in a crowded area. And of course there is the risk of injuries due to defects in Wrigley itself.
  8. Divorce – While I’ve seen a handful of marriage proposals at stadiums, I’ve also seen a lot of (usually drunk) couples fighting in a way that signals the marriage is over. The baseball game might not be the primary cause of a divorce, but you’ll see a lot of evidence of marriages that need to end.
  9. Theft – There are people who hang out by the games with one purpose in mind. To steal your stuff. Drunk people and out of towners are easy marks. Even as someone who has been to hundreds of games, I don’t take a lot of cash with me and make sure my phone and wallet are really secure. Getting out of Wrigley is a huge challenge as the corridors are packed tightly. Watch your stuff!
  10. Child Endangerment – Taking a kid to a ball game is a great idea. They’ll remember it forever. Hopefully it’s not because you left them at the seats for an hour while you were smashing drinks or getting high.

Hopefully it’s a great baseball season. Go Cubs!

We get so many great questions from people who don’t necessarily need a lawyer of just want to find out if they have a case. Here are some good ones we’ve received recently. If you have any Illinois legal questions, you can call us any time for free at 312-346-5320.

What is an alias summons?

Any time there is a lawsuit, a defendant has to be served with a copy before the case can proceed. When the sheriff tries to serve the summons unsuccessfully, the Judge will issue a second summons which is called an alias summons.

Difference between a lawyer and an attorney?

In real life, there is no difference as we use those terms interchangeably. Technically speaking though, a lawyer is someone who’s graduated law school while an attorney is someone who graduated law school and passed the bar exam so they are licensed to practice law and represent clients.

My boss gave me a check and it bounced. What should I do?

It’s technically a crime so you can call the police although it’s a law that doesn’t always get enforced. You should also file a wage claim with the Illinois Department of Labor and consider filing for unemployment.

My employer found out I was interviewing on my day off and fired me. Is this legal?

It is. It’s totally unfair, but within their rights as an employer. This is part of at will employment which means you can be let go at any time for any reason as long as it’s not an illegal reason. Treating you unfairly is not by itself illegal.

I got hurt at work because I was put on a job I wasn’t trained for. Can I sue them for that?

You can’t sue your employer for negligence. The good news is that if this happened to you, you can get workers’ compensation benefits which in Illinois can be significant.

My mom never pursued child support against my dad. He never did anything for us. I’m 28 now, can I bring a case against him?

A child support case can not be brought by the child, it has to be brought by the parent. There’s nothing that can be done unfortunately.

Hopefully you notice that we are direct and honest with our legal answers, even if it’s not what someone wants to hear. If you’d like our help please get in touch any time.

We are experienced Illinois attorneys who help people fight for payment of life insurance benefits. If you’d like a free consultation, please call us any time at 312-346-5320.

We thought it would be helpful to provide some tips on working with a life insurance attorney and how to win a case. So in no particular order:

  • The cases that we and the attorneys we recommend get involved with focus on situations where a person passes away, and the life insurance company doesn’t pay out the owed benefits in a timely manner.
  • Sometimes they give you an outright denial, other times they just blow you off or don’t respond. Another common tactic is to state that the case is under investigation, but not really provide you information as to what they are investigating or communicate updates.
  • We are looking to talk to people who have either received a denial or filed a claim more than 30 days ago without a response.
  • These cases are handled on a contingency basis which means there is no fee unless a recovery is made.
  • The first thing an attorney will want to do is see a copy of the policy to see what possible exclusions for paying out exist. For example, some policies state that if there is a drug overdose then no benefits will be owed.
  • We will need to know the cause of death and be able to have access to medical records.
  • Accidental death policy cases are very similar, but as the name states, typically involves a payout for an accidental death like a car accident.
  • The good news on these cases is that they tend to resolve very quickly. We settled one case for $2 million within months of first talking to the client. That was not at all unusual as the facts were on our side.
  • We will help people with any size life insurance denial case.
  • It doesn’t matter where in Illinois you are. We help everywhere in Illinois and you won’t have to travel.
  • A common question we get is “how could they deny my benefits?” The answer is that insurance companies are ruthless and to them this is all business. Their hope is that they will frustrate you enough to go away and they can save the money that they owe.
  • Because of how insurance companies act, we usually file a lawsuit within the first couple of weeks. Being aggressive is how you win these cases.

If you want to discuss hiring an attorney or just have questions, please get in touch any time. All calls are free and confidential.

We are experienced Chicago malpractice attorneys with over 25 years of experience helping people who have birth injury claims. Call us any time at 312-346-5320 to speak with attorney for free and in confidence.

Fetal Distress

In simple terms, fetal distress is a sign that your baby is not well or having problems. Fetal distress occurs when the baby is not getting enough oxygen. Fetal distress can sometimes happen during pregnancy, but it is more common during labor. Most healthcare providers have replaced the term fetal distress with non-reassuring fetal status (NRFS), but we will use fetal distress in this article.

Causes of Fetal Distress
Fetal distress occurs when the baby doesn’t receive enough oxygen because of problems with the placenta (e.g., placental abruption or placental insufficiency) or problems with the umbilical cord (e.g., cord prolapse).

Fetal distress is more common if the mother:
• Is past her due date
• Has a multiple pregnancy
• Has pregnancy complications such as high blood pressure or pre-eclampsia
• Has contractions that are too strong or too close together
• Is obese
• Has a chronic disease such as diabetes, kidney disease or heart disease
Signs of Fetal Distress

The most common signs of fetal distress are:
• Changes in the baby’s heart rate (lower or higher than normal)
• Less movement from the baby for an extended period of time
• Low amniotic fluid, or meconium in the amniotic fluid
• Excessive bleeding during labor

Detecting and Addressing Fetal Distress
Health care professionals trained in obstetrics and labor and delivery should recognize the signs of fetal distress during late pregnancy and childbirth and take quick action to manage it and prevent harm. Often a Caesarian may be necessary. Failure to act in a timely manner can sadly lead to brain damage and possibly death of the baby. The damages could be in the tens of millions of dollars in the worst case scenario.

What to Do If Your Baby Has Suffered
Doctors and hospitals are expected to look for signs of problems with your pregnancy. Items like fetal monitoring strips exist to prevent otherwise healthy babies from suffering a catastrophic injury that could lead to a greatly diminished life and a lot of suffering for your family. When they screw up you may have a lawsuit.

If fetal distress led to a death or permanent disabilities, there is a possibility that your doctor, nurses, or the hospital or birthing center is at fault. At the very least, they should be investigated. We understand that this may be an emotional time, but time is often of the essence. We can investigate what happened and hold those responsible accountable if they were negligent.

For a free consultation to speak with an experienced attorney, please call us any time at 312-346-5320.

The only thing worse than losing a loved one, is doing so when it wasn’t their time. Often this is the result of the negligence or intentional act of someone. When that happens, you may have a wrongful death lawsuit.

In Illinois, there are time limits for suing over a death. It is all covered in the Illinois Wrongful Death Act. The Act states that whenever a death happens, you can sue the party responsible for damages, sometimes including punitive damages. Generally speaking, these lawsuits have to be filed within two years of the death. There are two big exceptions to that which I’ll discuss, but I’d say 99% of calls we get have the two year time limit apply.

In considering a lawsuit, you should know that there aren’t loopholes to this time limit. About once a month someone will call me who lost a loved one more than two years ago. When I ask why they didn’t call sooner I usually hear that they were grieving and not ready to process it. That makes sense and is a normal emotional reaction. Unfortunately it doesn’t get you around the time limits. The same holds true for people who tell me they hadn’t contacted a lawyer because they’ve been busy, sick, moving, thought someone else was doing it or just about anything else.

Time limits are in place to make the process fair to all parties and because over time, witnesses disappear and memories fade. It’s not seen as fair to a defendant to make them try to fight a case that they didn’t know was coming for over two years.

There are, as I said, two really big exceptions.

The first has to do with criminal cases. Let me quote the statute for you:

An action may be brought within 5 years after the date of the death if the death is the result of violent intentional conduct or within one year after the final disposition of the criminal case if the defendant is charged with:
(1) first degree murder under Section 9-1 of the
    Criminal Code of 2012;
(2) intentional homicide of an unborn child under
    Section 9-1.2 of the Criminal Code of 2012;
(3) second degree murder under Section 9-2 of the
    Criminal Code of 2012;
(4) voluntary manslaughter of an unborn child under
    Section 9-2.1 of the Criminal Code of 2012;
(5) involuntary manslaughter or reckless homicide
    under Section 9-3 of the Criminal Code of 2012;
(6) involuntary manslaughter or reckless homicide of
    an unborn child under Section 9-3.2 of the Criminal Code of 2012; or
(7) drug-induced homicide under Section 9-3.3 of the
    Criminal Code of 2012.

Basically you may have up to five years if the death is from violent intentional conduct or up to one year after criminal charges have been resolved. That said, it’s playing with fire to wait too long and we always encourage people to act sooner rather than later so their rights aren’t lost. And note, that this extension only applies to suing and recovering from the criminal defendant, nobody else.

The other exception has to do with children who had a right to bring the lawsuit. In their case, it can be brought within two years of them turning 18. Again, we strongly advise you to bring a lawsuit or at least consult with an attorney ASAP so you don’t lose your rights.

These are tough situations, but a great Illinois wrongful death attorney can take the emotion out of the situation and help you determine if there’s even a case at all. If you’d like to speak with an attorney for free, please call us any time at 312-346-5320.

Sexual abuse can be rape, fondling, unwanted touching or kissing or other forced acts. Sexual abuse often occurs when a person has some type of status or power over the victim. Nearly all of us are aware of the high-profile sexual abuse scandals involving the clergy with their parishioners and teachers with their students. But another relationship between abuser and victim is that of doctor and patient.

We are raised to respect and trust doctors. They have the education and expertise about health and our bodies. We assume they will do no harm. We assume that they have our best interests at heart. We assume that whatever they ask us to do during an exam is a necessary part of our health care. Sadly, this is not always the case. Sometimes doctors sexually assault their patients.

This abuse is often physical touching that isn’t consented to, but what seems like consensual sex can also be sexual abuse. That occurs when someone like a psychologist convinces a patient to engage in a sexual relationship. Generally speaking, it’s never appropriate for a doctor to sleep with a patient.

The emotional after-effects of the sexual abuse can last for many years or even a lifetime. Victims may want to repress what they experienced and never acknowledge or speak of it. They worry that their word may not be believed against the word of the doctor. However, if they choose to pursue legal action against their abuser, the process of seeking justice may be incredibly healing for them. In addition to the emotional benefits of getting justice and peace, a financial settlement can pay for therapy and other treatments and compensate you for the harm suffered.

Illinois used to have a 20-year statute of limitations for bringing these lawsuits. Now there is no time limit for claims after 2013. However, time is of the essence to bring these cases as you want to bring the lawsuit while evidence is fresh and more reliable. A sexual abuse lawsuit may be filed against the doctor, the abuser. In many cases though, the practice or hospital behind the doctor may be liable as well.

Sexual assault cases are very sensitive and emotional. You can speak with us confidentially and we can point you in the right direction. The attorneys we work with on these cases have a track record of success and are only paid if they are successful for you.

I was contacted by a woman who was curious about Illinois medical malpractice laws. The father of her two children had died from what may have been a medical malpractice situation and she was hoping to talk about the process.

Before we could get going though, she told me something I hear a lot. She said:

I don’t even know if I want to do this. My kids are grieving and I’m not sure I want to put them through this.

That is a common thought process and makes sense. This is a great mom who is trying to protect her kids.

All of that said, she is over analyzing things right now. Illinois medical malpractice lawsuits are very hard cases to win. Talking to a lawyer about a possible case doesn’t mean you are going to sue. It means you are having a discussion about having someone investigate a case.

Unlike a car accident where we can usually tell you from your own statements and/or a police report if you have a case, nobody can tell you that you definitely have a medical malpractice case over the phone.

To determine if you have a case not only requires to hear your version of events, but much more importantly, requires us to review the relevant medical records of the person who was harmed. That is an involved process that often requires a review of thousands of pages of medical records.

These reviews are first done internally and then if it appears there might be something wrong, an experienced medical malpractice lawyer will contact an expert in the relevant field to arrange to send the records to them for their review and opinion. In some cases multiple physicians need to be involved.

The whole investigation process commonly take 6-12 months. So by contacting a lawyer, even while grieving, you are not committing to anything other than the chance to find out if you might have a case. If the answer is yes, then you can decide if you want the attorney to file a lawsuit or not.

Even once the lawsuit has been filed, it doesn’t mean that your family will have to go through a trial. While that is definitely a possibility, many cases settle long before that has to happen.

All of these situations come down to case facts. Just know that time is of the essence. Usually once two years has passed it’s too late (there are exceptions, call us any time to discuss your time limits). So know that if you are really “just thinking about it” that means you should have an attorney review the case with you and go from there.

See also: 8 Things To Know About Illinois Medical Malpractice Lawsuits

In an ideal world, Illinois law would change so that every marriage would require a pre-nuptial agreement that would dictate the terms of divorce if a marriage doesn’t work out. It would save people a lot of money and heartache. Of course, that’s not the world we live in.

As a result, a lot of divorces in Illinois are nasty and contentious. That makes sense because when a relationship is ending, there are often a lot of bad feelings. Often people treat their husband/wife poorly because their feelings are hurt. One way we commonly see this is when one person makes a lot more money than the other or has control of the money.

The most typical way this happens is when one person works and the other stays at home to raise the kids. This was the scenario of a woman who called me recently and didn’t think she could afford a lawyer. She stayed at home while her husband worked a good union job making about $150,000.00 a year. He had emptied out their bank account and his 401k. She felt helpless.

The good news is that Illinois divorce law is written in a way that anticipates this type of power imbalance scenario. When one spouse makes significantly more than the other, you can file a motion that will ask the Judge to order them to pay your lawyer fees. It is usually filed right away and is commonly granted.

So you likely don’t have to worry about paying for a lawyer. It’s more likely that you’ll have to find a way to come up with an initial retainer fee and that’s it. After that, your spouse would be responsible for your attorney’s bill.

And if your spouse does something shady like emptying out a bank account or 401k, you can likely get that money back through a court order too. Judges do not look kindly on that type of behavior and they don’t usually reward people who are acting like bullies.

This is not to say that the divorce will be easy or stressful. It’s often not when you are dealing with someone who is mentally abusive. But we have found that when someone realizes they are going to have to pay for two lawyers, they realize they need to stop playing games or otherwise they will go broke.

The bottom line is that Illinois divorce law is mostly common sense and is designed to protect people who are not making the same money their soon to be ex is. So take a deep breath and know that options likely exist for you. And if you want a free consultation with an experienced lawyer, call us any time at 312-346-5320.

We are experienced Chicago lawyers who help people with tough cases throughout Illinois. Call us any time for a free, confidential consultation at 312-346-5320.

One area we’ve been able to help a lot of people is with sexual abuse lawsuits against Illinois group homes and rehab centers. These tragic cases occur in a variety of forms.

The most common and probably the worst is when residents are sexually abused by people who have power over them. I’m talking about instances where a supervisor uses their position of power to make someone do something they don’t want to do. Or in cases of minors, have them do something they can’t legally consent to.

We also have helped in a lot of cases where staff members take advantage of access to kids or residents. In a recent case we got involved with, a non verbal adult was raped by a janitor in a bathroom. The group home she was in should never have let the janitor be alone with her in the first place. This is a sadly common problem as many of these facilities are sorely understaffed. When that happens it creates opportunity and sometimes bad people take advantage of that.

You trust these facilities with your loved ones and expect that they will have rules and safety measures in place to protect them. Even when a facility is understaffed there are things that can be done to make sure that abuse doesn’t occur such as having cameras, restricting access to certain areas, etc. When these facilities fail in their obligations, they can and should be sued.

And sometimes they are negligent for failing to supervise their residents and/or putting them in a dangerous situation. We are helping in one case against a rehab facility where a boy was raped by his roommate. There was a large age and size disparity between the two of them.

The saddest cases we’ve been involved with probably involve the developmentally disabled. They might not even know they are being abused and in many cases can’t actually give consent. They deserve a group home that provides protection, security and comfort and should be free from any type of sexual or physical abuse.

We encourage family members to be the biggest advocates possible for their loves ones. Studies show that many of these abuses are preventable.

The Illinois Department of Human Services is responsible for regulating group homes. If you suspect something has happened you should call them and call the police. And if you want to discuss a lawsuit against one of these facilities, contact us any time. All cases are handled on a contingency basis which means that there is no fee if the lawsuit isn’t successful.

With the caveat that there are exceptions to this, generally speaking in life, if you want to have an enforceable agreement with someone, you get it in writing and you both sign off on it. So if someone says they’ll sell you their car for $5,000 and you say sure, it’s not really an agreement. If push came to shove and they wanted to back out, they could, as could you.

A written contract shows a meeting of the minds. A well-written contract makes clear the rights and responsibilities of each party. It’s why so many housing contracts are really long.

When hiring an attorney, you can’t know for sure you’ve hired them or what they are getting paid without a written contract. In law terms, this is called a retainer agreement. No smart attorney would take on a client without one because it protects them and you. It will lay out what they are going to do for you and what they aren’t going to do for you. Most importantly it will make clear what their fees are. If it’s a contingency case it will tell you what percentage they will receive. If it’s an hourly fee, it should make clear what they can bill for, what it will cost if staff is doing the work, how often you will pay them, etc. It should also outline how expenses will be covered and reimbursed. For example, in Illinois medical malpractice lawsuits, costs can be in the six figures. You need to know upfront if you’ll be asked to pay for it if the case doesn’t succeed.

When agreements with a lawyer are only verbal, it leaves open to interpretation what the charges will be or what you are getting from them. In fact, it leaves open to whether they are even your lawyer at all. If an attorney won’t give you a fee agreement, it really would make me question if they know what they are doing or if they are the right fit for you.

These agreements, unlike housing contracts, don’t have to be long. Most are 1-3 pages and essentially the same no matter who the client is with just names and dates changed. In areas of law like workers’ compensation, the State of Illinois has actually created the agreements that every attorney must use.

One strange thing is that most lawyers aren’t taught how to create retainer agreements in law school. So if you are working with a young lawyer (or really anyone) you’d be wise to make sure it discusses fees or anything important to you.

Bonus tip. I know of one law firm in Chicago that implies in their retainer agreements that they can’t be fired. That is simply illegal and not enforceable. A retainer agreement is a contract, but I’ve never seen one that legally requires you to stick with your attorney if you think they are doing a bad job. And in the same way, a lawyer can also fire a client if they choose. Retainer agreements are contracts, but they only detail what will happen when each party wants to work together. It doesn’t bind you together forever.

Second bonus tip. Many lawyers say that if it’s not in writing, it didn’t happen. Having a retainer agreement should give you peace of mind and you should insist on one.

See also: Are You Really Hiring A Chicago Law Firm?

Generally speaking, police in Illinois do not have an obligation to do much. To “protect and serve” is a motto, but not usually a requirement. There are some exceptions to that and that includes victims of domestic violence. This is covered in the Illinois Domestic Violence Act.

Under that law, police officers in Illinois have a duty to protect victims of domestic abuse from their abusers. They are required to use all reasonable means to provide this protection. Whenever a law enforcement has reason to believe that a person has been abused, neglected, or exploited by a family or household member, the law requires them to: make an arrest if appropriate, discuss orders of protection, refer the victim to a social service agency and offer to take the victim to a shelter, among other things.

In a recent case, it was ruled that the Chicago Police failed in their duty when a 49 year old mother of five was killed by her abuser. Her estate was awarded $3 Million in damages.

In this case, the cops showed up and saw the abuser holding a Samurai sword and appearing to make Molotov cocktails. Officers took the man, who had been hearing voices and trying to start grease fires in the apartment to a hospital where they strapped him to a bed and then left him there.

He was released the next morning and ended up strangling the woman to death. The court found that “the officers’ failure to fulfill their duties under the (state’s Domestic Violence) Act was a substantial factor in bringing about the death.” They further stated that the police showed utter disregard for her safety.

Some of the steps they could have taken to protect her but didn’t include: informing her about orders of protection, referring her to a social service agency and taking her to a nearby domestic shelter. The Judge also faulted the officers for not ensuring the medical staff understood the dangerous behavior Thomas exhibited, which could have factored into the doctor’s decision to civilly commit him. They also didn’t arrest him despite her having a black eye and him resisting efforts to restrain him.

Worst of all, the Court suspected that the officers failed to act because they were at the end of their shifts. In other words, they couldn’t be bothered.

While these cases are rare, it’s not an isolated incident. In fact, the Village of Maywood was also successfully sued under a similar fact pattern. The cops can’t simply drop off an abuser at the hospital and then decide it’s not their problem any more.

If you or a loved one was a victim of domestic abuse and the police did not protect you/them in a way that led to your abuser coming back and doing worse, our lawyers would love to talk to you for free. Call us any time for help anywhere in Illinois.

See also: Chicago Police Are Raping Immigrants

Being an Illinois medical malpractice attorney, it’s easy to assume that the general public knows things that we assume are basic. This is our mistake and something we shouldn’t do.

One that comes to mind which I hear a lot from people who contact us has to do with legal terms. It’s not uncommon for a caller to say something like, “I’m looking for a lawyer to sue a doctor. I don’t know if it would be for malpractice or for negligence. Can you tell me the difference?” Or others when we say that we don’t think they have a good medical malpractice case that they’d like to sue for negligence then.

The reality is that these are essentially the same things. Medical malpractice is negligence by a health care provider. So when we file a medical malpractice lawsuit, we are suing them for being negligent.

The confusion comes in because people hear the term negligence a lot and don’t understand it. Most injury lawsuits are negligence lawsuits. It could be medical negligence, product liability negligence, car accident negligence, etc.

Negligence means “failure to take proper care when doing something.” So when we say a doctor is negligent, it means they didn’t follow the proper standards of care. That is the same definition as medical malpractice.

The other one we hear a lot is that people want to sue for medical malpractice or wrongful death? A medical error that leads to a death is a wrongful death lawsuit, but is filed under medical malpractice laws. In other words, it’s again essentially the same thing. You can have wrongful death lawsuits from car accidents, a product malfunctioning or other reasons. But the laws and the standards needed to bring and win a case don’t change.

I hope that this brings some clarification. My advice to people is to not get caught up in legal mumbo jumbo and worry about the goal which is to find out if you might have a case and if so, how to bring it and which is the best law firm to hire for your case. That is our goal when we speak to you and what we’ve done for over a half a million people since 2001.

If you’d like to talk with an attorney for free, we are happy to speak with you any time at 312-346-5320. All calls are free and confidential and we cover all of Illinois.

I’ve been a lawyer since 1997. There are some medical malpractice injuries that I’ve seen every week since then like death, failure to diagnose cancer, or surgical errors. While they may occur in different ways, it’s no surprise when a caller tells us that is what’s what happened. Other injuries are more unique or only now understood. One such potential medical malpractice lawsuit is purple glove syndrome.

Purple glove syndrome (PGS) is a minimally understood and uncommon skin disease where a patient’s limbs become discolored, painful, and swollen. PGS is most commonly reported among patients who have received intravenous (IV) doses of the drug phenytoin. It’s an anti-seizure medication also known as Dilantin. Phenytoin is only administered through an IV in emergency situations where the patient is having active seizures and is unable to receive medications orally.

Physicians believe that there are a few reasons for why PGS occurs, one being that a chemical irritation forms due to the high alkalinity of phenytoin and propylene glycol being administered. Further, they think that the mixing of alkaline solution and a neutral pH may led to a vascular and IV catheter obstruction. They also believe that the IV insertion may cause a microtear in the vessel wall that allows phenytoin to infiltrate the tissue without a way to exit. Microtears are more commonly seen in elderly patients which is why physician believe PGS is more common among their demographic.

PGS is characterized by a blueish-purple discoloration around the IV site accompanied with severe swelling and pain. The symptoms typically form within two to twelve hours of administration. Progression of PGS occurs in between twelve and sixteen hours where discoloration and swelling continues to spread throughout the whole limb.

There can be very mild and very severe cases of PGS. In the mild cases, physicians quickly recognize the symptoms and immediately discontinue the phenytoin IV, elevate the limb and/or apply heat/cold applications. Eventually the symptoms will subside, and the patient is healthy. In worst case scenarios, PGS can lead to necrosis, ischemia or vascular compression, any of which could lead to a need for amputation.

There are a few methods to reduce the likelihood of PGS which include education on various procedures. Phenytoin should not be administered at a rate greater than 50mg/min. Phenytoin, if diluted, should not be mixed immediately prior to administration. Dextrose solutions and lactated ringers’ solution cannot be used with a phenytoin IV. Avoid smaller veins especially in the hands. 20-guage catheters should be utilized, and arguably the most important, there should be careful and diligent monitoring of the IV site.

This is certainly not the most common case out there, but there are cases where patients are given this medication and not properly monitored. If you have purple glove syndrome and want to know if you may have a malpractice lawsuit, please contact us any time.

See also: Degenerative Disc Disease Injuries, Illinois Workers’ Compensation

When you hire an attorney in Illinois, you will pay them in one of three ways:

  • Flat fee – Typically traffic or misdemeanor criminal cases
  • Hourly – Divorces, most civil law suits, commercial litigation
  • Contingency – Paid if they win on injury cases, suing for owed life insurance money, class actions, some employment wage cases

It’s up to you and the law firm to agree on what type of fee arrangement to enter in to. No matter what you agree on, your contract with them will likely have a clause that says that they get reimbursed for their expenses. For example, if they have to issue a subpoena for your medical records or take a deposition as they prepare for trial, those things cost money.

Typically the law firm will front the expenses and get reimbursed by you. On contingency cases that happens when the case settles. On hourly cases that would be when you get your (hopefully monthly) bill. There aren’t usually expenses on flat fee cases, but if there were the attorney would have to ask for them since there wouldn’t be a bill.

While being able to get reimbursed for expenses is standard, some law firms in Chicago are doing something that is not standard lately. They are asking for interest on the expenses they pay out on your case. In other words, if they advance $50,000 in costs, which is not unusual for something like a medical malpractice case, they want to get 8% or so interest back on that money.

In the end, that could mean an extra $10,000 or more in their pocket depending on how long the case lasts. To me, while it is allowed, it’s really just a money grabbing exercise and a bit greedy. Fronting expenses is the risk of being an attorney and taking on a case. To try and get interest on those expenses is comparable to “resort fees” at hotels or “convenience charges” by Ticketmaster. It’s just taking more money because you think you can get away with it.

Unlike with the hotel and Ticketmaster, you do have a choice here. You can object and ask that this clause be removed. You can also hire one of the many great firms that don’t do these things to their clients. Whether or not they are allowed to do it isn’t the issue. The issue is should they charge interest and to me the answer is clearly no.

Beyond all of that, I really question how accurate the interest charges are. It’s not like they spend all the expense money at once. It happens over time and they aren’t allowed to charge interest on money that isn’t spent yet. Unless you’ve got a CPA on staff that has years of experience with this, I’d be worried about mistakes in calculating interest.

Finally, some of these firms are not only charging interest, but they are also claiming as expenses petty things like postage stamps, photo copying charges (even when it’s just a couple of pages), gas money, etc. To me those things are the cost of doing business and clearly separate from items like deposition fees, subpoena fees, expert witness pay, etc.

We highly encourage you to read and question any other items in whatever legal document you are given before signing it. If you have any questions about this you can call us any time to speak with a lawyer, at no cost, at 312-346-5320.

Free Case Review
From Our Attorneys

Archives