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Recent Blog Posts
Second-Story Porch Collapse in Aurora, IL Injures Ten People
A few months ago, ten people were injured, with seven of those hospitalized, following the collapse of a second-story apartment building porch. The ages of those injured in the accident ranged from one month to 31 years old. There were a number of serious injuries, but none were immediately life-threatening. Owners of the apartment declined to comment, and those on the scene could see no apparent reason for the collapse of the porch. The porch collapse blocked access to all upper-level apartments, forcing displaced residents to find other accommodations.
This type of accident is known as a premises liability accident. Property owners are generally liable for accidents caused by negligence, although the extent of that liability will depend on the type of visitor. If you have been injured as a result of owner negligence while on another’s property, you may be able to file a premises liability claim that will pay damages for your medical expenses, lost wages, and pain and suffering. Speaking to an experienced Chicago, IL premises liability attorney can be beneficial for you and your family.
What Are the Most Common Causes of Medical Malpractice?
Medical errors are the third-leading cause of death across the United States, after heart disease and cancer. While one Johns Hopkins study claims at least 250,000 people die in the U.S. every year from medical errors, others believe the number to be much higher—as high as 440,000. Many of these medical errors rise to the level of medical malpractice. There are four legal elements that must be proven in a medical malpractice claim.
The medical professional must have owed a duty of care to the patient and must have breached that duty of care. This breach of duty of care must have caused injuries, and those injuries must have corresponding damages. Medical malpractice claims also ask the question, "Would a similarly trained medical professional, given the same set of circumstances, have made a different choice?" If the answer to that question is "yes," then medical malpractice may have occurred.
Do More Holiday Hospitalizations Result in Medical Malpractice?
It is well known that being hospitalized in July or on a weekend is riskier for patients. This is largely due to factors like short staffing, fewer senior staff at work, and staff fatigue from an uptick in patients. Holiday hospitalizations can also be added to the list of riskiest times for hospitalization and medical malpractice to occur.
In fact, when it comes to death as an outcome or the necessity of readmission, CNN reported that patients discharged during the Christmas holidays were 13.3 percent more likely to be readmitted or to die within seven days. At fourteen days, the percentage increased to 18.6 percent, and in 30 days, it increased to 25.9 percent. Compare this to other times of the year, when the percentages were 11.7 percent, 17 percent, and 24.7 percent, respectively.
Although this study was done in Ontario, more than four million patient outcomes were examined, and the results are believed to be similar for the United States. While this might also indicate that hospitalization is fairly risky at any time, there is clearly a higher risk during the Christmas holidays. A Chicago, IL medical malpractice attorney from Winters Salzetta O'Brien & Richardson, LLC can help you get the justice you deserve.
Who Are the Most Vulnerable Victims of Nursing Home Abuse?
Nursing home abuse is a sad reality of our times. When you are forced to place your elderly loved one in a nursing home, it can be emotionally heart-wrenching. However, you expect your loved one to be treated with respect, dignity, and kindness while being properly cared for. Elder abuse is defined as intentional or negligent acts by caregivers or others entrusted with the care of an elderly person that cause harm or serious risk of harm.
With more than three million older adults living in nursing home facilities across the nation – and many more expected as baby boomers continue to age – incidences of nursing home abuse will likely also rise. While any resident in a nursing home can be a victim of abuse, some are more vulnerable than others, thus more likely to experience abuse. If you suspect your loved one is the victim of nursing home abuse or neglect, speaking with an experienced Chicago, IL nursing home abuse attorney from Winters Salzetta O'Brien & Richardson, LLC can be extremely beneficial.
$10.2 Million Verdict for Illinois Negligent Amputation
A little over a year ago, an Illinois jury found in favor of a man whose right leg was negligently amputated at Northwest Community Hospital in Arlington Heights. The 49-year-old man was involved in a motor vehicle accident in 2017.
His doctor failed to perform normal tests, including a pre- and intra-operative angiogram. The doctor also failed to check for leg artery clots and failed to place an arterial shunt. All of these are things a similarly trained physician, given the same set of circumstances, would have done.
The doctor further failed to return the patient to the operating room when there was no pulse or sensation in the ICU, resulting in a lack of blood flow and the necessity of removing the leg above the knee. Despite conflicting stories from the hospital and physician, the jury found clear medical malpractice occurred.
This medical malpractice left a relatively young man living with severe impairments for the remainder of his life. If you or a loved one have suffered the loss of a limb as a result of medical malpractice, speaking to an experienced Chicago, IL medical malpractice attorney from Winters Salzetta O'Brien & Richardson, LLC can make a difference in the outcome of your claim.
Death of Construction Worker Triggers Wrongful Death Claim
A scaffolding collapse on the University of Chicago Medical Center campus has resulted in a wrongful death lawsuit against both the contractor and the subcontractor. The young construction worker and another worker fell more than 80 feet while working on the construction site of the planned cancer pavilion. Following the accident, the scaffolding was seen swaying in the wind; family members of the deceased construction worker claim the scaffolding was "incredibly deficient" and that proper safety precautions were not taken.
Scaffolding is generally designed to withstand 80 mph winds, yet this particular scaffolding failed when hit by a 44 mph wind gust. Further claims by the family allege the scaffolding was not properly connected to the building and that a three-foot gap at the corner of the scaffolding was bridged with only a piece of plywood connected by three nails. OSHA will conduct a full investigation of the accident, including determining why neither of the workers was wearing a tethered safety harness.
Hoffman Estates Stroke Victim Awarded $40 Million in Medical Malpractice Suit
Last March, a medical malpractice claim that dragged on for almost a decade finally settled in favor of a man who suffered a stroke. The attorneys for the 40-year-old man say his doctors failed to properly treat his symptoms and that the stroke could have been prevented. The former landscaper saw his doctor at Advocate Physician Partners after a spike in his blood pressure in 2015. Rather than ordering tests, an EKG, a simple blood test, or prescribing blood pressure medication, the doctor sent the man home after "diagnosing" him with the flu.
A few weeks later, the man suffered a stroke and now is largely disabled, requiring round-the-clock care, likely for the remainder of his life. The man suffers from aphasia, which affects a person’s ability to communicate. While the man and his family finally received a record-breaking $40 million for their medical malpractice claim, Advocate Physician Partners continues to maintain that the man was treated by a "non-employed physician" at his private office, not at their facility.
How is Compensation Determined in Wrongful Death Cases?
The loss of a loved one simply cannot be compensated for, regardless of the amount of money. Families who lose loved ones as the result of negligence on the part of another person or entity can, however, file a wrongful death claim that can help ensure those left behind are financially secure. Often, the person who dies due to negligence is the family's primary breadwinner. This leaves loved ones struggling emotionally as well as financially.
Wrongful deaths are often the result of an auto accident, medical malpractice, or the result of a dangerous or defective drug, device, or consumer product. Perhaps the most difficult aspect of a wrongful death claim is establishing the monetary value of a person's life. If you have lost a loved one through another's negligence, you are entitled to file an Illinois wrongful death claim. An experienced Chicago, IL wrongful death attorney from Winters Salzetta O'Brien & Richardson, LLC will guide you through the process, fighting for your future at every turn.
Illinois Nursing Home Resident Gives Birth, Prompting Arrest
An arrest with charges of nursing home sexual abuse was made last March after a resident with disabilities gave birth. A 22-year-old Chicago man who was a staff member of the nursing home was charged after the investigation led to DNA samples being taken from employees. A routine checkup found that the resident – who is nonverbal – was pregnant, and the next day, she gave birth.
The woman had been a resident in the facility for two decades and was unable to walk independently. Her existing medical conditions caused her abdomen to become distended, which is why the pregnancy was not apparent. While the incident is deeply disturbing, it highlights the need for better protection of residents in nursing homes.
The young man faces charges of Aggravated Criminal Sexual Assault, Aggravated Battery, and Criminal Sexual Assault. In this particular nursing home, most or all of the residents have profound developmental disabilities. Although there was limited access to the residents' living areas by outsiders, employees were not restricted.
Could a Failure to Diagnose Breast Cancer Alter Your Future?
October is Breast Cancer Awareness Month, bringing to light the fact that because breast cancer is a progressive disease, a misdiagnosis can be deadly. An early diagnosis of breast cancer is critical in fighting against the disease. When breast cancer is caught in the early, localized stages, the five-year survival rate is 99 percent.
More than 360,000 women will receive a diagnosis of breast cancer in 2024, and one in eight women will develop breast cancer during their lifetime. Additionally, about 2,800 men are diagnosed with breast cancer each year; while it is not common, it does occur. Currently, there are more than four million women living with breast cancer across the United States.
A missed diagnosis of breast cancer allows the disease to spread, which in turn leads to more adverse outcomes. In one study, physicians estimated that about 10 percent of women with breast cancer are initially misdiagnosed. Other studies find that the actual number of women initially misdiagnosed or undiagnosed with breast cancer is closer to 28 percent. Mammograms miss about one in eight breast cancers, compounding the issue of missed diagnoses.
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