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

Illinois Law Blog

Illinois Failure to Diagnose Prostate Cancer – Law Overview

Prostate cancer is one of the most commonly diagnosed cancers in men, and early detection is the key to successful treatment. Unfortunately, not every patient gets the timely diagnosis they need. When doctors miss warning signs or fail to follow basic medical guidelines, a failure to diagnose prostate cancer can become life-changing — and in many cases, life-threatening.

Since 2001, IllinoisLawyers.com has helped Illinois residents get free legal guidance and referrals to the best failure to diagnose cancer attorney. If you have a malpractice claim, contact Illinois Lawyers today at 312-346-5320 or 800-517-1614 for a free, confidential consultation, or fill out our contact form.

What Happens in a Failure to Diagnose Prostate Cancer Case?

Failure to diagnose prostate cancer in Illinois can lead to serious harm. Patients may file medical malpractice claims when doctors delay diagnosis, misread PSA tests, or ignore screening guidelines, causing the cancer to worsen and treatment costs to rise.

A prostate cancer lawsuit may be filed if:

  • A doctor dismisses urinary symptoms
  • A PSA test comes back elevated, and no further testing is ordered
  • A biopsy is misread
  • A referral to a urologist is delayed or not done
  • Abnormal findings are overlooked in the chart

Learn more about how long a medical malpractice case takes in Illinois.

The Medicine: How Prostate Cancer Should Be Diagnosed

Doctors have well-established tools to detect prostate cancer early. A competent provider should:

  • Ask about urinary symptoms (hesitancy, weak stream, dribbling)
  • Consider risk factors like age, family history, and race
  • Order a PSA blood test when appropriate
  • Follow up on abnormal PSA results
  • Refer the patient to a urologist within a reasonable timeframe
  • Order imaging or a biopsy if cancer is suspected

Most failure to diagnose prostate cancer cases occur because a healthcare provider failed to follow one of these basic steps.

When a Missed Diagnosis Becomes Medical Malpractice

Why it’s a malpractice issue:

  • Early detection saves lives: Prostate cancer survival rates drop significantly if it’s not caught early. Once prostate cancer spreads — especially to lymph nodes or bone — treatment becomes more difficult, more expensive, and far less successful. That’s why delayed diagnosis cases often lead to higher failure to diagnose lawsuit settlement amounts.
  • Negligence: This can involve ignoring symptoms, ordering inadequate tests (like failing to check PSA levels), misreading scans, or delaying referrals for biopsies.

Breach of Duty: Doctors must provide care meeting the accepted standard, and failing to diagnose treatable cancer when signs exist is a breach.

This is where having the right failure to diagnose cancer attorney matters. These cases are complex, expensive, and evidence-heavy. Many firms simply do not have the experience or financial ability to handle them. We know who does.

What Damages Can You Recover in Illinois?

A failure to diagnose malpractice lawsuit may compensate you for:

Economic Damages

  • Surgery, radiation, chemotherapy, hormone therapy
  • Ongoing monitoring and follow-up care
  • Lost wages or reduced earning ability
  • Travel costs for treatment

Non-Economic Damages

  • Pain and suffering
  • Emotional distress
  • Loss of normal life
  • Loss of companionship

The severity of the delay, the stage of cancer at diagnosis, and the impact on your life heavily influence potential failure to diagnose lawsuit settlement amounts.

When You Should Call a Lawyer Immediately

You should reach out if:

  • Your prostate cancer was diagnosed at Stage 3 or Stage 4
  • Your PSA was elevated in the past, but nothing was done
  • Your doctor ignored urinary symptoms
  • A biopsy was misread
  • You lost the chance for less aggressive treatment
  • Your cancer spread during delays

Even if you’re unsure whether malpractice occurred, a quick phone call can give you clarity.

We talk to you the same way we’d talk to a friend or family member — honestly, directly, and without pressure.

Other Key Things To Know

Some other important factors to be aware of:

  • Time is of the essence. You have to sue within two years of when you knew malpractice occurred, but can not go back farther than four years to sue.
  • We are typically looking for a delay of at least six months or more.
  • Every attorney we recommend works on a contingency basis which means there is no fee unless you win the case.

How IllinoisLawyers.com Helps You

We are Illinois attorneys who:

  • Give free, confidential advice
  • Match you with the best lawyers for your exact situation
  • Know which firms win prostate cancer misdiagnosis cases
  • Treat every caller with respect and honesty

A failure to diagnose prostate cancer is one of the most devastating types of medical malpractice because timely testing makes such a massive difference in survival. If a doctor’s mistake allowed your cancer to progress, you deserve answers — and possibly compensation.

Call IllinoisLawyers.com anytime at 312-346-5320 or 800-517-1614 for free guidance. No appointments. No pressure. Just real help from real Illinois lawyers.

When Your Boss Wants To Hug Or Kiss You. Or Worse

TL/DR – If your boss tries to kiss you, hug or have sex with you, it is against the law and likely a lawsuit. Call us at 312-346-5320 for help anywhere in Illinois. No fee unless you win the case.

When you go to work, it is to make money and hopefully progress in life. Almost everyone I have ever met just wants to do a good job and be rewarded for working hard.

What people do not want is for some creep to make them feel uncomfortable. And they certainly do not want to feel like their job security depends on giving that creep what they want.

If you are being sexually harassed, it can come in a variety of forms. This includes:

  • Lewd comments
  • Unwanted touching
  • Being asked for hugs
  • Unwanted kissing
  • Being coerced into sexual activity
  • Forcible assault

None of this should happen to you. If it does, the first thing you should do, after getting to a safe spot, is report the bad behavior to your employer. In order to have a lawsuit against your employer, they generally have to be aware of the bad behavior and given a chance to correct it.

Generally speaking, you can not sue an employer in Illinois for something a co-worker does if the employer is not aware of it and given a chance to correct the problem. Correction can mean firing that person, suspending them or taking other steps to make sure it does not happen again.

If the employer does not correct the problem or prevent it from happening again, that is when you likely have a lawsuit. Of course, sometimes it is the owner or someone else in charge who is doing the bad deed so there is nobody to report to. Other times the employer is already aware that an employee is doing bad things. In those cases, you can usually sue right away.

In a recent case, an Oak Brook police officer did some pretty gross things. This includes allegedly:

  • Sending love notes and demanding to receive love notes back
  • Repeatedly touching genitalia and other body parts over the clothes
  • Stopping someone from leaving his office
  • Making comments about the personal lives of women in the office and their sexual activity
  • Taking a woman on extended coffee runs and parking the car and groping her
  • Stating that promotions were dependent on having sex with him
  • Retaliating when he learned of complaints
  • Unholstering his gun in an attempt to intimidate

It got worse as apparently another male co-worker joined in and when the problems were reported, nothing was done about it. The case recently settled for $2 million. That is a very large number, but almost does not feel large enough. This type of behavior is simply gross.

What the best Illinois employment lawyers look for in assessing these cases, aside from the notification requirements, is does the case meet the legal standard. That standard includes:

Is the behavior so severe or pervasive as to alter the conditions of employment. In other words, would a reasonable outside person look at this and see that the behavior was wrong and it affected you. Sometimes that is a one time offense and other times it is minor things that are going on all of the time.

Most people would think that your boss saying, “I like your sweater, it looks nice” is not a big deal. But if they said that and added something like, “It would look nicer off of you” that it was inappropriate behavior. That happening once is one time too many, but not in of itself a lawsuit. That happening repeatedly over a period of time and the employer saying something like, “Oh, you know he is kidding, he jokes with everyone” would likely make it a case.

Every case is different. What we promise is that we will listen to you in confidence, give you an honest legal opinion, and if appropriate, refer you to a law firm that has a track record of winning these cases. We love holding bad people accountable. There is never a fee unless the case is successful.

If you would like a free case review with an experienced attorney, call us any time at 312-346-5320. We cover all of Illinois.

When The Police In Illinois Want To Question You

In the last month I have been contacted by multiple people who have received phone calls from detectives asking them to come in for questioning. The most recent involved a case in Chicago where someone is suspected of rape years ago and in Lake County where the Waukegan police want to ask someone about involvement in a burglary.

None of these people have been arrested. Yet. They all had the same question.

What should I do?

The Number One Thing To Do If Chicago Police Or Anyone Else Wants To Question You

If the police in Chicago, Waukegan, Wheaton or wherever want to talk to you, there is one thing every Illinois criminal defense attorney will tell you to do. In the words of the Black Eyed Peas

That is right. Shut up. Do not say anything. Do not talk at all.

Should You Not Talk To The Police If You Are Innocent?

Do not talk to the police if you are innocent either. Do you think that innocent people don’t ever get arrested? Happens all of the time. It shouldn’t, but it does. The police are not looking out for you and can certainly twist your words around. And in extreme cases, they get people to confess to things they have never done. That sounds crazy, but there are many people who have been freed after evidence shows that the police kept them up for a long period of time and then coerced them into confessing something they were innocent of.

Anything you say can and will be use against you. And some crooked cops take that to an extreme. And some honest cops can misinterpret what you are saying.

Beyond that, I have been told stories by “innocent” people who, if they repeated that story to law enforcement, would be arrested. It is usually someone who thinks they are acting in self defense or unknowingly committed a crime like retail theft or trespass.

What Do I Do If The Police Want To Meet?

Doing nothing is not a great idea in most cases. You still need to shut up and not talk to them. You can even shut up and dance.

The best way to protect yourself is to get an attorney to contact the police for you and see what they want. They can answer any questions the police have and accompany you to a meeting if needed.

Anything a lawyer you hire says can not be used against you. And an experienced Illinois criminal defense attorney knows what not to say and how to answer questions. They will protect you.

The person being investigated for possible rape who called me really did not want to spend money on an attorney. The point of getting one now is that it can help prevent you from being arrested at all. It might cost $1,500 up front to get a top lawyer to speak to the police for you. But if you get arrested and prosecuted for a felony, that would cost you ten times that amount. And of course if you get convicted, you are probably going to jail and in the case of this person, they would be labeled a sex offender.

The best thing you can do after keeping your mouth shut it to get someone who knows what they are doing to advocate for you. If you do have information that shows you are innocent, having an attorney present it will put you at no risk and greatly increase your chances of success.

It is certainly scary getting this type of phone call from the cops. If you are not scared, you are not taking it seriously. But the good news is that the right attorney can give you the best chance of the best possible outcome.

If you would like to know who we as lawyers would hire if the police wanted to talk to us, give us a call at 312-346-5320. All calls are confidential. We were learn about your case and give you unbiased advice as to what the next proper steps are.

Winning Trucking Crash Cases Just Got Easier. And More Valuable

Breaking News: The United States Supreme Court just issued a monumental, unanimous decision that completely reshapes how commercial semi-truck accident lawsuits are handled across America.

If you or a loved one has been injured in a collision involving a tractor-trailer, this ruling drastically increases your chances of securing full financial recovery. For the first time, injury victims are legally permitted to bring state-law negligent hiring claims directly against third-party freight brokers if they contract an unsafe trucking company that subsequently causes an accident.

Key Takeaways: The New Freight Broker Liability Rules

  • End of Federal Immunity: Freight brokers can no longer shield themselves behind the Federal Aviation Administration Authorization Act (FAAAA) to escape personal injury claims.
  • Access to Corporate Capital: Suing the broker unlocks massive corporate insurance policies and assets, bypassing the minimal insurance limits carried by independent truck drivers.
  • Higher Settlement Values: Cases previously capped at $1 million due to limited truck insurance can now recover tens of millions of dollars for catastrophic injuries or wrongful death.

The FAAA Safety Exception: Why This Ruling Changes Everything

Historically, if an unsafe commercial truck caused a catastrophic crash, freight brokers like C.H. Robinson, TQL (Total Quality Logistics), and others aggressively argued that federal law exempted them from state-level personal injury lawsuits. They claimed the FAAA completely preempted any local negligence claims.

The Supreme Court’s unanimous decision effectively ends that defense. Under the new interpretation of the Federal Aviation Administration Authorization Act (FAAAA), negligent hiring falls squarely under a state’s safety exception.

This means that if a broker acts recklessly by assigning cargo to a shipping carrier they know—or should know—has a documented history of federal safety violations, hours-of-service infractions, or poorly maintained fleets, the broker shares direct liability for the crash.

Why This Maximizes the Value of Catastrophic Trucking Lawsuits

This landmark ruling is a major win for consumers and commercial truck accident victims for two critical reasons:

1. Bypassing Shady Trucking Companies with Minimal Insurance

Many fly-by-night trucking companies operate on thin margins and carry minimal liability insurance policies—often capped at the federal minimum of $750,000. If an accident results in a traumatic brain injury, spinal cord damage, or wrongful death, that minimum policy cannot cover a fraction of the lifelong medical bills and lost earning capacity.

2. Targeting Multi-Billion-Dollar Defendants

By establishing a direct path to sue the freight broker, your legal team can target massive corporations with vast resources. For example, a dominant freight broker like C.H. Robinson has an estimated corporate valuation of $18 billion. If a jury awards a multi-million-dollar trial judgment or settlement, you are no longer limited by a small driver’s policy—you can collect the full, true value of your damages.

Proving Broker Negligence: What a Successful Lawsuit Requires

While this Supreme Court ruling opens the courthouse doors, winning a freight broker negligence lawsuit is not an automatic slam dunk. To secure a successful verdict or high-tier settlement, your legal team must systematically prove the broker failed in their professional duty.

This complex litigation requires:

  • Immediate Accident Reconstruction: Your attorney must instantly deploy an accident reconstruction specialist to the crash scene to download black box data, preserve logbooks, and map skid marks before the trucking company destroys the evidence.
  • FMCSA Safety Record Audits: Your lawyers must subpoena the broker’s internal vetting data to prove they ignored the carrier’s negative safety rankings in the Federal Motor Carrier Safety Administration (FMCSA) database.
  • Proving Cause: Establishing a direct line showing that the broker’s failure to vet the carrier directly resulted in an unsafe driver operating on public roads.

Vetting the Right Attorney for a Commercial Trucking Claim

Only an elite handful of nationwide trial law firms possess the financial capital and specialized federal litigation experience required to win catastrophic trucking lawsuits against corporate defense networks.

When we evaluate an attorney or firm to handle a complex freight broker claim, we analyze seven rigid metrics:

  1. Jurisdictional Experience: Does the attorney regularly practice in federal courts or the specific state where the crash occurred?
  2. Injury Severity Matching: The trial strategy required for a traumatic brain injury or trucking death is entirely different than a broken bone. Your firm must match the medical depth of your damages.
  3. Liability Flexibility: We connect clients with aggressive firms that have successfully won cases even when the victim was initially ticketed or blamed by police at the scene.
  4. Personalized and Diverse Staffing: We verify if you require a firm with multi-lingual capabilities (such as Spanish-speaking attorneys) or professionals willing to travel directly to your home or hospital room.
  5. Immediate Lead Trial Availability: If a firm’s top partner is trapped in a month-long trial elsewhere, we identify equally elite firms with immediate availability to protect your evidence.
  6. Evidence Preservation Speed: The timeline matters. We assess how quickly a firm can deploy a response team to secure physical evidence before it disappears.
  7. Fair Contingency Fee Structures: Every attorney we recommend works on a strict contingency fee basis (no fee unless you win). We screen out exploitative firms trying to charge 40% to 45% upfront, matching you only with premier firms capped at a standard one-third (33.3%) or less.

Get a Free, Independent Case Review

We treat everyone who reaches out to us like a close friend or family member. We are not a marketing mill; we actively monitor national trial verdicts and court results daily to know exactly which attorneys are winning catastrophic trucking accident lawsuits.

Call us 24/7 in complete confidence at (312) 346-5320 or toll-free at (800) 517-1614 for a free consultation. Or go to our contact us page. We will thoroughly analyze your accident details and point you to the premier trial advocates for your specific situation.

A Jewish Medical Malpractice Lawyer In Chicago

We are experienced lawyers who will help you find the best attorney for your case. Call us at 312-346-5320 for a free case review any time.

I’m Jewish. I am also a lawyer in Illinois. I do not know if I “look” or “sound” Jewish, so when people call me looking for a recommendation for an attorney, maybe they assume they can talk a certain way.

Of the thousands of people I talk to every year, some will ask me if I know any good Jewish attorneys. The question is almost never asked by someone who is actually Jewish. Just last month, someone called me and said they want to hire a Jewish medical malpractice lawyer in Chicago.

Whenever this happens, my immediate response is to say something like, “Why do you care what religion a lawyer is?” Here are some of the responses I have received:

  • I have heard they are better attorneys.
  • They are known for being aggressive.
  • They really like money so they can get me the most for my case.
  • They fight dirty.
  • Jewish people stick together and most of the Judges are Jewish.
  • They are great negotiators.

These responses range from naive all the way to anti-semetic. If someone seems just naive, I am happy to help them. If they are anti-semetic, that is not somebody I want to get involved with.

A lot of people are just ignorant. I grew up in Northbrook which is a pretty Jewish suburb. It was not until I got to college that I met people who had never met a Jewish person before. So while I will blame someone for being a bigot, I do not blame them for being ignorant. It is not your fault if you are a victim of how you were raised and have not been exposed to other people.

That said, I do tell people that their comments are offensive and try to have a calm discussion to explain why. It is important to have this discussion and let people know these are offensive stereotypes. It is no different than any other awful stereotype about any other religion, race or gender.

The reality is that there are amazing Jewish lawyers, so-so Jewish lawyers and terrible ones. The same goes for black, Irish, Christian, Asian, Hispanic or any other group of people. I have seen lawyers go above and beyond to get amazing results and I have seen lawyers who steal from their clients or do not fight for them. Race, religion, gender, etc. is not a predictor of success.

This is way different than saying you want a Russian car accident lawyer because you speak Russian or a female lawyer because you have been sexually assaulted and that would make you more comfortable.

The bottom line is that we will listen to what your case is about and discuss any personal needs that you have. After that we will always recommend an attorney that is the best fit for your situation and gives you a chance at the best possible outcome.

The Definitive Illinois Workers’ Compensation Guide

If you’ve been hurt at work in Illinois, you probably have a lot of questions. This guide answers those questions and more in plain English. Here are 50 things every Illinois worker should know.What are your rights? Will you get paid while you’re out? Do you need a lawyer? If there is something we did not answer or you want a FREE case review, call us any time at 312-346-5320 to be connected to a lawyer right away.

The Basics Of Illinois Workers’ Compensation Law

  1. Illinois requires employers to carry workers’ compensation insurance. If you work in Illinois, your employer is legally required to have workers’ comp coverage. This means you have rights even if your employer acts like you don’t. It is a felony for them not to have insurance.
  2. Workers’ comp covers injuries that happen because of your job. If you were hurt while doing your job, or while doing something related to your job, you are likely covered. This includes injuries in the workplace, on a job site, in a company vehicle, or even off-site if you were working at the time.
  3. You don’t have to prove your employer was negligent. Unlike a personal injury lawsuit, workers’ comp is a “no-fault” system. You don’t need to show that your employer did something wrong, just that you were injured at work.
  4. Workers’ comp covers both accidents and repetitive injuries. A one-time accident (like a fall) and a slow-developing injury (like carpal tunnel from years of repetitive motion) are both covered. If your job contributed to your condition, you have a claim.
  5. Illinois workers’ comp is handled by the Illinois Workers’ Compensation Commission (IWCC). The IWCC is the state agency that oversees all workers’ comp claims, hearings, and disputes in Illinois.

Reporting Your Injury

  1. You must report your injury to your employer. Illinois law requires you to notify your employer of a work injury within 45 days. However, you should report it as soon as possible.
  2. Always report in writing. Even if you tell your supervisor verbally, follow it up in writing with a text, email, or written incident report.
  3. Don’t downplay your injury when you report it. Be honest and thorough when describing what happened and what hurts. If you minimize it at the start and symptoms worsen, the insurance company may argue the injury isn’t work-related. Do not embellish either. Just tell the truth.
  4. Your employer cannot legally fire you for filing a workers’ comp claim. Retaliation for filing a workers’ comp claim is illegal in Illinois. If your employer fires or harasses you after you file, you may have another legal claim against them.
  5. Missing the reporting deadline can end your case. The legal window is 45 days but waiting that long is risky. The sooner you report your injury, the harder it is for an employer or insurer to dispute your claim.

Medical Treatment For Illinois Work Related Injuries

  1. Your employer (or their insurance company) has the right to choose your IME doctor. In Illinois, the employer gets to send you to an Independent Medical Examination physician. You must see their designated doctor, at least initially.
  2. All reasonable and necessary medical treatment must be covered. The insurance company must pay for all medical care related to your work injury. This includes doctor visits, surgery, physical therapy, prescriptions, and medical equipment. You do not need health insurance if it is a job injury. Work comp covers everything and you are covered from day 1 on the job.
  3. You can get a second opinion. Illinois law allows you to seek a second medical opinion, usually at the expense of the insurance company. If the second opinion differs significantly, it can be used to support your claim.
  4. Keep records of every medical appointment. Document every doctor visit, treatment, prescription, and out-of-pocket expense related to your injury. These records are critical to your claim.
  5. Don’t skip or delay treatment. Gaps in medical treatment give insurance companies ammunition to argue you aren’t as injured as you claim. Follow your doctor’s recommendations.

Wage Benefits And Illinois Work Comp

  1. You can receive benefits for time you miss from work. If your injury keeps you from working, you are entitled to Temporary Total Disability (TTD) benefits which is typically two-thirds of your average weekly wage.
  2. TTD benefits are tax-free. Unlike regular wages, Illinois workers’ comp wage benefits are not subject to federal or state income tax.
  3. Your average weekly wage is calculated over the 52 weeks before your injury. This calculation can be complex, especially if your hours varied. An attorney can make sure this number is calculated correctly, and it directly affects how much you receive. Often workers get underpaid because they worked less than 52 weeks and the insurance company does not calculate based on how much work they really did. A good lawyer can fix this.
  4. There are caps on weekly benefits. Illinois sets a maximum weekly benefit amount that is adjusted each year. In some cases, this cap can limit what you receive. Understanding this is important when evaluating if you are being paid correctly.
  5. Partial disability benefits are available if you can work but earn less than before. If you return to work in a lower capacity and earn less than before or part time only, you may qualify for Temporary Partial Disability (TPD) benefits to help make up the difference.

Settlements And Other Payments

  1. You may be entitled to a disability award. If your injury results in a lasting impairment, you may be entitled to Permanent Partial Disability (PPD) or Permanent Total Disability (PTD) benefits.
  2. Illinois uses a “schedule” for certain body part injuries. Illinois law assigns a specific number of weeks of benefits for the loss of (or loss of use of) specific body parts (e.g., a hand, a finger, an eye, a leg). These are called “scheduled injuries.”
  3. The bigger your injury, the more likely it is worth. But it ultimately comes down to your recovery, how much you earn, your age and what defenses there are to your claim.
  4. If you have permanent restrictions that greatly affects your case value. In the least it will make your case worth more. If you can not work your old job anymore and have to take a lesser paying job, you can get paid 2/3 the difference until you are 65. This is called a wage differential.
  5. Permanent Total Disability (PTD) is available for the most severe injuries. If you are completely unable to return to any type of work because of your injury, you may be entitled to lifelong PTD benefits.

The Illinois Work Comp Claims Process

  1. Filing a claim with the IWCC protects your rights. Formally filing an Application for Adjustment of Claim with the IWCC puts your case on record and protects your legal deadlines.
  2. There is a time limit for filing. Generally, you have 3 years from your injury (or 2 years from your last benefit payment, whichever is later) to file a claim. Miss this deadline and you may lose your rights entirely.
  3. Most cases settle without a trial. The majority of Illinois workers’ comp cases are resolved through negotiated settlements, and having an attorney dramatically improves the settlement you can negotiate as well as the speed of getting there.
  4. If there’s a dispute, an arbitrator hears your case. If your claim is contested, an IWCC arbitrator will hear the evidence and issue a decision. This is less formal than a court trial but still a legal proceeding with a court reporter.
  5. An aggressive lawyer is needed to get you a hearing on a disputed case. Before you can go to trial, typically there needs to be a deposition of your doctor and the IME doctor. Lazy lawyers can cause cases to take many months more than they should.

Insurance Company Tactics

  1. The insurance company is not on your side. The workers’ comp insurance company works for your employer, not for you. Their goal is to pay out as little as possible on your claim. Never assume they have your best interests at heart.
  2. They may ask you to give a recorded statement. Insurance adjusters often ask injured workers to give a recorded statement early in the process. You are not required to do this, and doing so can seriously damage your claim. No Illinois work comp lawyer we know would let a client do this.
  3. They may send an investigator to watch you. Insurance companies sometimes hire private investigators to photograph or video injured workers. Be honest about your limitations. Exaggerating your injury is fraud, but the insurer denying a real injury is also fraud.
  4. A quick settlement offer is often a low-ball offer. If the insurance company offers you a fast settlement right after your injury, it’s usually well below what your case is actually worth. They want to close the case and end your medical care before you should. It is in their best interests, not yours.
  5. Insurance companies will try to get all of your medical records. They will likely send you a broad medical authorization form. You do not have to sign that. They only have a right to records that relate to your injury.

Why You Need An Attorney

  1. Workers’ comp law in Illinois is complicated and the stakes are high. Illinois workers’ comp involves specific deadlines, legal standards, and procedural rules. A single mistake can cost you tens or hundreds of thousands of dollars or your entire claim.
  2. Attorneys level the playing field. Your employer has an experienced insurance company and defense attorneys working to minimize your claim. Having your own attorney ensures someone is fighting in your corner with equal expertise.
  3. An attorney can maximize your settlement. Studies consistently show that injured workers represented by attorneys receive significantly higher settlements than those who go it alone. An attorney knows what your case is truly worth.
  4. Workers’ comp attorneys in Illinois work on a contingency fee basis. You pay nothing upfront. Your attorney only gets paid if you win or settle your case. That fee is capped at 20% of what they recover and usually only applies to a settlement or trial result.
  5. There is no financial risk to hiring an attorney. Because workers’ comp lawyers work on contingency, you have nothing to lose by getting legal representation. If your attorney doesn’t recover money for you, you owe them nothing.
  6. An attorney handles the paperwork and deadlines for you. Missing a filing deadline or submitting incorrect forms can derail your claim. Your attorney manages all of this so you can focus on recovering.
  7. Attorneys can connect you with the right medical experts. Experienced workers’ comp attorneys often work with doctors who understand how to properly evaluate and document work injuries in ways that hold up in legal proceedings.
  8. If your claim is denied or delayed, an attorney is essential. A denial is not the end of the road but fighting it without legal representation is very difficult. An attorney knows how to challenge a denial and build a winning case. They will also file a 19(b) petition to get your case as heard as soon as possible.
  9. Your attorney can spot third-party claims you might miss. Sometimes a work injury involves a third party like a negligent driver, a defective piece of equipment, or a property owner. Your attorney can identify these additional claims, which can result in significantly more compensation. Sometimes those cases are worth millions.

General Info To Know

  1. Pre-existing conditions don’t disqualify you. If your job aggravated, accelerated, or combined with a pre-existing condition to cause your current disability, you still have a valid workers’ comp claim in Illinois.
  2. Repetitive trauma injuries are covered. Conditions like tendinitis, carpal tunnel syndrome, hearing loss, and back problems that develop over time due to the nature of your work are covered in Illinois.
  3. Mental health conditions can be covered. Illinois workers’ comp can cover psychological conditions (such as PTSD or severe anxiety) that develop as a direct result of a traumatic work incident. Unless there was also a physical incident involved, the mental injury must come from a one time, severe and shocking event like being robbed at gun point, seeing someone get killed, etc.
  4. Death benefits are available for families of workers killed on the job. If a worker dies from a work-related injury or illness, their surviving spouse and dependents are entitled to death benefits and burial expense reimbursement under Illinois law. Weekly benefits are similar to someone who is permanently disabled and can last for 25 years.
  5. Independent contractors may still have work comp rights. Just because your employer calls you an independent contractor doesn’t necessarily mean you are one under the law. Misclassification is common — an attorney can help determine if you’re actually entitled to workers’ comp benefits in Illinois.
  6. Settling your case is permanent, so get it right. Once you sign a settlement agreement in Illinois and it is approved, it is typically final. You generally cannot go back and ask for more money later. This is why having experienced legal representation before you settle is so important.

Consult With an Illinois Workers’ Comp Attorney

If you’ve been injured at work, contact us at 312-346-5320 to get a referral to an experienced Illinois workers’ compensation attorney. We cover all of Illinois and will only recommend attorneys who we would also suggest to family members or friends.

Illinois Work Comp – Can I Sue The Insurance Company?

We provide free legal guidance and attorney referrals on Illinois workers’ compensation claims. We are lawyers who will give you the same guidance we would give to a friend who reached out for us to help.

Usually when someone calls me on a case where they already have an attorney, it is because the lawyer is not doing a good job for them. We will go over what has been done, what should be done and if it makes sense to stick with them or not.

I got that type of call recently and thought the lawyer was going to be a bad one because the first thing the injured worker said to me was:

Can I sue the insurance company?

That is the type of thing a good Illinois workers’ compensation attorney would go over with their client, so I thought it was another scenario where they had a bad one. Fortunately that was not the case.

The reason this worker wanted to sue the insurance company is because his benefits have been delayed. In his mind, there is no reason for the delay and the insurance company is just playing games. Sadly, that happens all of the time. It has been more than four months since he has received a TTD check and the surgery he needs has not been approved. You can get why he is angry.

The bad news is that you can not sue an insurance company in an Illinois workers’ compensation case. Bad faith laws do not apply there. That is because these cases are not lawsuits, but rather administrative claims for benefits. All disputes have to be resolved through the Illinois Workers’ Compensation Commission.

The good news is that if your work comp benefits are unreasonably denied, you can file for what is called “penalties and fees” at the Illinois Workers’ Compensation Commission. These penalties can be significant, including up to 50% for what medical care they are not providing and $10,000 for delayed TTD benefits. They also can get hit for your attorney fees over this.

In other words, you can not sue, but you can still penalize them and get compensation from them if they are acting in an unreasonable way. That means they have no basis for not paying your benefits.

Back to the lawyer. We searched and they had done everything correctly. They filed a petition for immediate hearing when the benefits were cut off. That forces the insurance company to respond as to why benefits are being denied. When they can not give a good reason, that is when the penalties and fees motion comes into play.

In fact, his lawyer had filed that motion. Normally a case like this would have gone to hearing by now. To do that, you usually need to take the deposition of your doctor before that happens. You would also need to take a deposition of the insurance company doctor if they sent you to one.

Unfortunately for this worker, his doctor only takes one deposition a week and the waiting time to get on the schedule can be six months. So his lawyer’s hands are tied. The deposition is scheduled so I told him that there would be no benefit in getting a new firm.

Illinois work comp laws generally favor the worker. Insurance companies can make the process difficult and that can be frustrating. The good news is that there are remedies to solve that frustration. Your job is to get a good attorney for your case or get a new one if they are not doing their job.

If you would like our help in finding a great Illinois workers’ compensation lawyer, please contact us any time for free at 312-346-5320.

When To Hire An Illinois Workers’ Compensation Attorney

We love doing live chats with people. You can do one now, and you will chat with an actual Illinois attorney. Or call us for a free consultation at 312-346-5320 for help anywhere in Illinois.

If you are injured on the job in Illinois, your immediate focus should be on physical healing. However, the complex legal realities of the insurance system often force workers to ask a difficult question: When is the right time to hire a workers’ compensation attorney, or do I even need one at all?

Minor, single-visit workplace injuries might not require formal legal representation, but serious injuries demand an experienced advocate to protect your long-term health and financial stability.

6 Signs It’s Time to Hire an Illinois Work Injury Lawyer

If your claim involves any of the following scenarios, you should secure legal representation immediately to avoid losing your statutory benefits:

  • Serious or Long-Term Injuries: Your injury requires surgery, a concussion evaluation, an MRI, or months of extensive physical therapy.
  • The Insurance Company Asks for a Recorded Statement: This is a clear indicator that the adjuster is actively fishing for reasons to deny your claim.
  • A Nurse Case Manager is Assigned to Your File: These nurses are paid by the insurance carrier—not you—and frequently attempt to interfere with your doctor’s prescribed treatment plan.
  • Employer Hostility or Payment Delays: Your company delays processing your tax-free weekly wage checks or pressures you to ignore your physician’s restrictions and return to light-duty work prematurely.
  • Steering Medical Care: The insurance adjuster attempts to restrict your choice of physician or forces you to see a doctor of their choosing.
  • You’re Facing an Independent Medical Examination (IME): The insurance company exercises its right to send you to a hand-picked doctor to write an adverse report cutting off your medical care.

The Hidden Dangers of Handling an Illinois Claim Alone

Many injured workers assume they can manage their claims independently if the insurance adjuster seems pleasant. However, operating without a formal case on file opens you up to critical vulnerabilities:

1. Zero Protection From Medical Collection Agencies

If an insurance company delays or refuses to pay your hospital bills, those providers will eventually send your account to debt collectors, damaging your credit score. Under Illinois law, hospitals and clinics are legally forbidden from sending you to collections if you have a formal application for adjustment of claim officially on file with the Illinois Workers’ Compensation Commission (IWCC).

2. No Immediate Access to an IWCC Arbitrator

If your treatment is suddenly cut off or your checks stop, you cannot simply call a judge. Without an active docket number on file, it can take months to clear the administrative hurdles necessary to get your emergency medical dispute heard before an IWCC Arbitrator. Filing early guarantees immediate courtroom access if the insurance company turns hostile.

3. Critical Strategy Mistakes That Destroy Case Value

In workers’ compensation law, what you don’t know can severely hurt your financial recovery. Simple, unguided actions—such as quitting your job out of frustration, failing to mention a secondary symptom (like a concussion) during an initial ER visit, or falling victim to insurance company video surveillance—can strip your case of its ultimate settlement value.

Why Hiring a Work Injury Attorney Early Costs Exactly the Same

A common misconception among injured workers is that waiting to hire a lawyer saves them money. In Illinois, this is mathematically false.

Hiring on Day 1:  [  20% of Final Settlement  ] -> Full Security Blanket & Admin Management
Hiring on Day 300: [  20% of Final Settlement  ] -> You Did All The Stressful Early Work Alone

Attorney fees for Illinois workers’ compensation claims are strictly capped by state statute at 20% of the final lump-sum settlement or award. Whether you bring an elite lawyer onto your case on day one or day three hundred, the percentage remains identical.

By retaining counsel early, you gain an immediate legal security blanket. Your attorney manages all adjuster phone calls, blocks illegal contact from nurse case managers, secures immediate mileage reimbursement checks, and ultimately negotiates a much larger lump-sum recovery than an unrepresented individual could ever achieve alone.

Get a Free, Independent Legal Evaluation Today

Since 2001, we have helped over half a million injured workers navigate the complexities of Illinois employment and insurance law. We are not a corporate marketing mill. Our consultation is completely free, 100% confidential, and carries zero commitment.

Call us 24/7 at (312) 346-5320 or initiate an anonymous live chat right on our homepage to ask your questions to a licensed attorney. We can recommend an experienced work injury attorney who has a track record of success.

Honest, Free Advice From A Chicago Lawyer

Illinois lawyers in general are not taught a ton about running a business. As a result I know a lot of very good attorneys who are terrible at running a law firm.

Knowing how to run a business isn’t a requirement for opening a law firm. So many attorney just wing it and go with what they know. One of the common statements about running a business is, “The customer is always right.” It may be controversial, but that’s a terrible way to run a law firm.

The reality is that the customer is often wrong. If a lawyer isn’t willing to tell you that you are wrong and why, they are doing you a disservice.

For example, we will get a call from people telling me that they want a medical malpractice lawyer and then tell us facts that make clear there’s no case. Maybe the time limit for suing has passed or what happened to them is a known risk or they haven’t suffered any physical harm, but want to sue because something bad could have happened.

We take the approach that a lawyer should be very direct and honest. That includes telling people that don’t have a case that they don’t and why we think that. That doesn’t stop anyone from seeking a second opinion, but at least they’ve gotten the truth.

Some people love and appreciate directness. A lot of people just want to know if they have a case and can accept the truth even if it seems unfair. Other people don’t appreciate it. I get that, but to us being direct is the only way to be.

The alternative is to lie to the customer. A lot of lawyers will tell you that you have a great case, but they are too busy to take it on. Or they will come up with some other excuse that gives you false hope. To me that is much worse than being direct even if it upsets someone to be told that there’s nothing that can be done.

You come to an attorney because they have knowledge and expertise about the law. We try to be as nice as we can be, but if we don’t use our knowledge, honestly, it’s bad for you. So we encourage people to accept that they could be wrong when they think that they have a case.

Final thought. We make money if you have a great case. We want you to have a great case. If there’s any way we can help you be in the right legally, we will do whatever we can to make that happen. And fortunately many people do have good cases and we’ve been able to help tens of thousands of them.

Illinois CILA Injury and Abuse Lawsuits

In Illinois, a lot of adults with developmental, intellectual, or physical disabilities live in places called Community Integrated Living Arrangements, or CILAs. CILAs are small group homes or apartments in the community where residents get support from staff instead of living in institutions or large facilities. The whole idea behind a CILA is independence — giving people a chance to live more freely but still getting help with things like meals, medication, transportation, or personal care.

When CILAs work the way they should, they can be wonderful. Residents can form friendships, build life skills, and enjoy a higher level of dignity and inclusion. But unfortunately, not every CILA lives up to that ideal. Some residents experience abuse and neglect.

What Does Abuse and Neglect in a CILA Look Like?

Abuse in a CILA can take different forms. Sometimes it’s obvious, like physical harm. Other times, it’s harder to see, like emotional cruelty, neglect, or even financial exploitation. Here are just a few examples of what that might look like:

• Physical abuse: The staff slaps, hits, pushes, or uses inappropriate force on residents.
• Emotional or verbal abuse: The staff insults, yells at, threatens, or degrades residents.
• Sexual abuse: The staff takes advantage of a resident who can’t consent or makes unwanted sexual advances.
• Neglect: The staff does not do their job. They don’t provide meals or medications, or they don’t help the residents with their medical or hygiene needs.
• Financial harm: The staff steals money, pressures resident to sign documents, or misuses their benefits.

Some residents may not be able to communicate about the abuse clearly, or they might be scared to speak up. This means that family members and friends need to be on the lookout for this.

Signs That Something Might Be Wrong

If you have a loved one in a CILA, trust your gut. You may be the first person to notice when something isn’t right. Keep an eye out for:

• Unexplained bruises, cuts, or broken bones, especially if there’s no logical explanation for them.
• Sudden behavior changes, like fear, anxiety, withdrawal, or aggressive actions.
• Poor hygiene or dirty living conditions.
• Noticeable weight loss or constant hunger.
• Missing funds or personal items of value.
• Discomfort around certain staff members.

Taking Legal Action Against Negligent CILAs

Abuse or neglect in a CILA isn’t just morally wrong — it’s against the law. Families have the right to sue a CILA if their staff are abusive and/or neglect their loved one. Experienced attorneys who handle these types of cases know how to investigate what happened, collect evidence, and demand justice for victims.

There have been big legal victories for families in Illinois. For example, one case resulted in a $1.6 million award for the family of a woman who died after multiple falls in her group home. Another brought a $2 million judgment for the death of a resident who choked due to a lack of supervision. These cases send a clear message: CILA providers who fail to protect their residents will be held responsible.

If you think that a loved one has been abused or neglected in a CILA, the sooner you act, the better. Talking with an experienced attorney can help protect your loved one and may prevent others from being hurt in the future. Contact us today so we can connect you with a trusted law firm that will fight for your family member. Contact us at 312-346-5320 for help everywhere in Illinois.

FIFA Is Screwing People With The World Cup

First off, I do not remember who was Mayor when Chicago said thanks, but no thanks, to hosting the World Cup, but whoever that was made the right call.

I am the biggest soccer fan I know. I played it (poorly) for about 20 years. I have coached it on and off for over 30 years. I have been a referee for almost a decade. I have been a MLS season ticket holder. I have seen the USMNT play in around 20 matches. I watch EPL religously even if my club (Tottenham) is a disaster.

I have been looking forward to the 2026 World Cup since it was announced. I graduated college in 1994 and drove around the country seeing matches. I planned on doing the same this year with my wife and kids.

I knew tickets would be expensive, but did not anticipate how much FIFA would try to gouge fans. But that is not all they have done to screw people over. Let us count the ways that FIFA and others are taking advantage of people.

  1. The prices are ridiculous. A single game ticket for some of the matches costs more than a season ticket for most clubs, including some of the biggest ones in Europe. Even for undesirable games, the get in price for a decent seat is over $400. For a US game, a seat behind the goal, which isn’t a great view, can run over $2,000. If you want to go to the final as a family of four, it will cost you more than a year of college tuition.
  2. You do not even know where you are sitting. FIFA broke down tickets to four categories, with category 1 being the most expensive and category 4 the “cheapest.” Category 4 tickets are very limited and are the worst seats at the venue. Category 3 tickets are not much better. Category 1 tickets are theoretically the best, but could be at midfield, behind the goal, in the corner, etc. You do not get to pick out your seats. Can you imagine spending over $1,000 for a ticket and not knowing if you have a good seat or not? Insane.
  3. You might not get the Category you paid for. People are reporting that they bought category two tickets, but got placed in seats that were on the category three map when they committed to them.
  4. They have been holding back tickets so they can charge even more. FIFA held a lottery for tickets. The goal was not to sell all of them, but instead to see how much interest there was. This resulted in people who want to buy tickets being shut out, only for new lotteries to happen with higher prices. In some cases that is hundreds or thousands of dollars more.
  5. Want to drive to a game? Parking prices are insane. Most of the venues for the World Cup are not as public transit friendly as Chicago would be. Somehow FIFA has secured parking lots not just at the stadiums, but in surrounding areas. Parking your car in Los Angeles could cost you $250 or more and it might be a mile walk to the stadium. Parking in Houston will be around $175. It is similar for Miami and prices are expected to go up.
  6. Want to take a train? Hopefully not in Boston. Apparently there is a special train to get to games at Foxboro Stadium which is in the Boston suburbs. For Patriots games, they charge $20. For a World Cup game it is $80 a person! That is $320 for a family of four. New Jersey is charging people $100 reportedly to take the train back to NYC’s Penn Station. That is a ticket that normally costs $12.90.
  7. They sold tickets for your favorite team where you only pay if your team makes the match with a hidden catch. If you are a fan of the US, England, Argentina, Spain or anyone else, you can buy tickets for their games in later rounds and only pay if the game happens. So you can take a crap shoot that the US makes the final for example. The problem is that the fine print says two things that promotional material did not make clear. First, they charged your credit card which means you are basically giving FIFA an interest free loan for six months. Two, you do not get a full refund, but instead they hold back a $50 processing fee. So most people who do this are paying $50 for nothing. And how much do you want to bet that refunds are not timely processed.
  8. Traveling for the World Cup. I hope you have a friend to stay with. I really wanted to go to Seattle to see the US play Australia. I started looking for hotels last summer. Rooms were not being released to the public like normal. Months went by and when I finally found rooms released, they were double or triple normal prices at almost every place. For the finals, some Hilton hotel rooms are asking thousands per night. The good news is that I have heard/read that many of these hotels are struggling to get reservations.
  9. Even if you do not care about soccer, this World Cup is screwing you. In Canada, matches are expected to cost tax payers over CDN $1 Billion. These costs have gone from an estimated $45 million for Toronto to now an estimated $380 million. The US is hosting way more matches and FIFA is not giving that ticket money to cover the costs of operating their event. FEMA has distributed $625 million so far to help fray security costs. Again, thank you to whoever in Chicago decided against taking part in this.
  10. Looking to buy on resale? Good luck! FIFA is running their own version of StubHub and have created a resale market. It would not surprise me if they have listed some of the tickets themselves instead of offering them to the public. They are also charging buyers and sellers a 15% fee. Capitalism baby!
  11. They just created a new tier of seats. When you bought seats originally, they certainly gave the impression that tier 1 seats could be the first few rows. They just announced a new Category 1 front seat option. Those seats that cost over $2,700 to see the first US game in LA are now over $4,100 if you want to sit in one of the first few rows! Of course people who paid the already insane prices back in the fall thought that they had a chance at those prime seats. It was all a big scam.
  12. They appear to be selling data. I applied for tickets in Seattle. Next thing I know, I’m getting emails from the Seattle Kraken about buying hockey tickets from them.

There Ought To Be A Law

When FIFA awarded the World Cup to North America, FIFA stated that tickets would be around $60 and affordable for most fans. Instead they are gorging people and expect to reap around $11 billion in revenue. And for context, costs for the World Cup in 2018 and 2022 were nowhere near this much and it is expected to be way cheaper to attend in 2030 when it is mostly in Spain, Portugal and Morocco.

There ought to be a law that protects consumers when these events are awarded. Organizations need to commit to pricing levels for match attendance, parking and other items. If you say it will be affordable for the average fan, it has to be that way.

And when it comes to the resale market, it is illegal in Mexico to charge more than face value on the ticket. How about if you are using our tax payer funded money for security and tax payer funded stadiums, that there is a law that you can not host a resale site that charges more than face value for the ticket? My guess is a lot of these tickets have been bought up by scalpers. That would not happen if they could not sell on the FIFA site for profit.

This World Cup has created so many bad feelings and pissed off so many people. I will be enjoying it from my living room and taking my money and enthusiasm to Europe in 2030. I am willing to bet that all in it will still be cheaper and I won’t have to pay 80 Euros to use public transit.

And when it comes to dynamic pricing, why is that a thing? There at least should be full disclosure as to how many seats are being sold at a time and what inventory is available. Most if not all of these games are being played in publicly funded stadiums. The public has a right to know these things.

Big Reason For A Rise In Medical Malpractice Lawsuits

A good friend of mine is an emergency room doctor. About ten years ago he told me that his employment situation was going to change. That is because his medical practice group was being bought out by a private equity company.

This was a surprise to me. I just assumed that he was an employee of the hospital that he worked at. It turns out that he and the other ER doctors had a private contract to provide services to the hospital. So they could be bought. After the purchase they all had to continue working for an hourly wage for a certain period of time.

Since then, private equity groups have been not just buying up medical practice groups, but entire hospitals as well. In fact around 500 hospitals are now owned by private equity groups. That is around 1 in 10 of private hospitals in the United States.

When this happens, these facilities are focused on profit for their shareholders above all else. That makes going to one of these facilities more dangerous for their patients in my opinion. There was an article last year about this issue. Here are some horror stories mentioned:

  • A 39-year-old woman died after giving birth because a vendor had repossessed equipment needed to stop her internal bleeding.
  • Patients died in hallways.
  • Patients died waiting in line for service.
  • Board meetings centered on profits and cost cutting with little to no discussion on patient experience or quality of care.
  • Multiple hospitals closed, greatly limiting health care options in poor and rural communities.

These types of stories are common and probably going to get worse. I am a big believer in universal health care as it is cheaper for consumers, even with tax increases. It also provides a greater opportunity for better health outcomes. Unfortunately that will not happen any time soon.

Sadly, while many of these ventures have been very profitable, it does not appear that the hundreds of millions are going to improve facilities and patient care, but instead to reward shareholders.

As a potential patient, I highly recommend that you determine who actually owns the hospital you are going to and what costs have been cut that can hurt outcomes. The same goes for stand alone urgent cares. Many of those are owned by groups whose primary goal is to make money and not save lives.

And if you have been injured in any medical facility and want a free case review, please call us at 312-346-5320 to speak with an attorney.

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

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

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

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

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

There Ought To Be A Law

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

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

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

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

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

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

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

Better Than Getting Illinois Legal Advice From ChatGPT

its amazing how chatgpt knows everything about subjects I know nothing about, but is wrong like 40% of the time in things im an expert on. not going to think about this any further

— Mike Ginn (@shutupmikeginn.bsky.social) 2025-03-08T00:13:26.251Z

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

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

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

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

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

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

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

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

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

Hot Coffee Spill Lawsuits In Illinois

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

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

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

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

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

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

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

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

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

Sexual Assaults By Uber Drivers

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

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

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

Emergency Protocol: 3 Immediate Steps to Take After an Assault

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

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

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

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

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

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

How to Build a Successful Civil Case Against a Rideshare Platform

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

1. Documenting Emotional and Psychological Damages

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

2. Initiating Early Discovery Vetting

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

Addressing Privacy and Cost Barriers for Survivors

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

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

Connect with a Trusted Rideshare Assault Litigator

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

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

What Is A Reasonable Illinois Personal Injury Attorney Fee?

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

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

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

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

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

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

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

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

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

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

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

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

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

Strippers And Sexual Abuse Lawsuits In Illinois

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

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

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

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

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

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

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

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

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

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

Illinois Malpractice – Bed Sores In Hospitals

What is a Hospital Bed Sore?

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

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

Stages of Bed Sores and Medical Severity

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

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

What is Wound Debridement?

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

Why Do Hospital Bed Sores Happen?

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

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

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

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

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

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

Illinois Bed Sore Lawsuit Legal Fees

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

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

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

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

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

Frequently Asked Questions (FAQ)

Can a hospital bed sore cause death?

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

How quickly can a pressure ulcer form?

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

Do I need a specialized medical malpractice lawyer?

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

Get a Free Case Review

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

The Pitt Episode 8 Review – Most Unrealistic Episode Yet

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

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

The Pitt Spoiler Alerts Ahead!!!

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

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

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

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

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

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

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

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

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

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

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

Free Case Review
From Our Attorneys

Archives