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Recent Blog Posts
$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.
Can I Sue If I Am Injured at a Chicago Restaurant?
Many people enjoy eating in the many fine restaurants in and around Chicago. Whether they choose small family-owned eateries or five-star establishments, diners expect to remain unharmed while on the premises. Restaurant owners are legally obligated to maintain safe facilities and serve safe foods and beverages. Unfortunately, not every restauranteur complies with these obligations.
If you suffer harm at a restaurant, you may be able to file a premises liability claim for compensation. This type of personal injury case can be tricky, but a competent attorney from Winters Salzetta O'Brien & Richardson, LLC knows how to establish liability and hold the at-fault parties accountable.
What Obligations Do Restaurants Have To Keep Patrons Safe?
The Illinois Premises Liability Act sets various expectations for property owners and occupiers. The responsible party should use reasonable care to keep invitees and licenses safe. For restaurants, reasonable safety precautions might include:
Does My Personal Injury Case Qualify for Punitive Damages? | IL
You probably know you might qualify for a settlement by filing a personal injury claim if you are injured in an accident caused by another party’s negligence. However, many people are unsure about what that settlement might include. Most provide compensatory damages, but only a small percentage of victims receive punitive damages.
How do you know if punitive damages apply to your case? What are damages, anyway? Understanding damages and what you may be eligible to receive is integral to personal injury cases. An experienced attorney from Winters Salzetta O'Brien & Richardson, LLC can help you get all the damages you are entitled to.
What Are Damages in Personal Injury Cases?
The term "damages" is used in different ways in personal injury claims. It can refer to specific categories of losses and the money you receive to compensate or reimburse you for those losses.
Compensatory Damages
Compensatory damages reflect the losses you experience resulting from your accident or incident. This category is divided further into economic and non-economic damages, which include:
How Much Is My Chicago Car Accident Claim Worth?
In 2022, there were 158,044 motor vehicle crashes in Cook County, IL. Many of those collisions produced injuries, and others caused fatalities. When someone else causes a car accident, you may be entitled to compensation.
How much will your settlement be? What damages are covered? For an accurate evaluation, call an experienced lawyer from Winters Salzetta O'Brien & Richardson, LLC to discuss your case. Although we cannot give you a one-size-fits-all answer, we can use case-specific factors to calculate the damages you deserve and work diligently to help you receive the highest allowable amount.
What Factors Are Used To Determine Car Crash Settlement Amounts?
Every accident is different, and no two settlements are the same. Your accident, injuries, and their impact on your life are unique. In Illinois, many injured car accident victims are eligible to receive compensatory damages, which are classified as economic and non-economic damages in a personal injury claim. A few victims may also be awarded punitive damages.
Can I Sue the Nursing Home for My Mom’s Infection? | IL
Placing your parents in a nursing home is often a heartbreaking decision. You entrust their care to the facility, expecting the home to adhere to mandated care standards. Unfortunately, these facilities do not always meet your expectations, leaving your loved ones to suffer.
If your mother gets an infection due to negligent care while she is a patient in a nursing home, you may be able to hold the facility accountable. How do you know if her case qualifies? How do you pursue compensation? Call Winters Salzetta O'Brien & Richardson, LLC today for your free consultation with one of our knowledgeable lawyers so we can answer your questions and explain your options.
What Kinds of Infections Are Common in Nursing Homes?
A nursing home patient’s overall health condition may make her prone to infections. However, proper care can often prevent common infections, such as respiratory infections, urinary tract infections, gastrointestinal infections, and skin infections such as bedsores.
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