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Elgin Personal Injury Blog

Massive medical malpractice award upheld by appellate court

When Illinois residents have to go through the entirety of a medical malpractice case, it can seem like an exhausting effort. These types of legal cases are notorious for their potential to get complicated in a hurry. Complex medical concepts might be involved, leaving even the most educated litigant puzzled. Fortunately, however, in many cases a jury will enter a verdict for the injured victim or the family of a deceased victim. That is what happened in a case involving a family in Illinois.

According to a recent report, back in 2014, the family of a man who died from brain cancer filed a medical malpractice lawsuit against a doctor and a medical center. The victim died at the age of 49, and the lawsuit alleged that the doctor and the medical center made a mistake when diagnosing the victim's medical condition. The man's family claims that his brain cancer was at a treatable stage when the mistake was made.

Fighting against the many causes of medical malpractice

There is quite a national discussion occurring right now when it comes to healthcare in America. People everywhere, including in Illinois, expect the best treatment when the time comes that they need medical care. And, the good news is that the level of competence and expertise in the medical field in America is generally thought of as the best in the world.

Unfortunately, that doesn't mean that doctors and other healthcare professionals conduct their work flawlessly. Medical malpractice does occur. In some cases, the error occurs when a medical professional fails to diagnose a condition that should have been recognized. In other cases, an Illinois resident may actually be in surgery when an error occurs. Whatever the source of the error or mistake, it is important for Illinois residents to know that they may have legal options to pursue financial compensation.

OSHA violations and workers' compensation in Illinois

Previous posts here have noted that when employees in Illinois are injured or become ill due to on-the-job factors, it is possible to qualify for workers' compensation. However, in some cases, the on-the-job injury occurs because the employer has violated state or federal regulations. In those instances, not only would employees probably qualify for workers' compensation, the employer may also face significant financial penalties.

The federal government runs the Occupational Safety and Health Administration. This agency is responsible for investigating workplaces for potential violations and assessing financial penalties whenever a violation is found. When a worker suffers an on-the-job injury that results in an award of workers' compensation, that may also trigger an OSHA investigation.

What is "strict liability"?

Previous posts here have mentioned that when a defective product results in an injury or death for an Illinois resident, a lawsuit would proceed under "products liability" law. However, there is part of this area of law that may be foreign to many of our readers: the concept of "strict liability." So, what is strict liability in a products liability lawsuit?

Strict liability is a concept that applies in products liability lawsuits because it can be more difficult to show the carelessness, negligence or recklessness in the timeline of the production of any given consumer product. For example, if a product is defective, obviously at some point in the timeline of the production of that product someone committed an error. But, how could an injured consumer prove when that error occurred? It could be almost impossible. As a result, strict liability holds that the injured party doesn't have to go through the process of showing that the manufacturer of the product was negligent.

Head-on collision leaves Chicago area resident dead

Many of our readers have probably heard about a tragic accident that occurred on April 7, when a head-on collision resulted in the death of a 17-year-old girl from the Chicago area. The young girl was reportedly a backseat passenger in a pickup truck. Two other people were in the front seat of the truck.

The reports indicate that it was the pickup truck that drifted out of its lane of traffic and into the path of an oncoming box truck driven by a man in his 30s. There were no initial indications of what caused the pickup truck to drift into the path of oncoming traffic, but an accident investigation was underway. Besides the death of the 17-year-old girl, the two other people in her vehicle were seriously injured, as was the driver of the box truck. All three were transported to the hospital for medical care in the immediate aftermath of the car accident.

Facing the aftermath of a truck accident in Illinois

Being involved in a car accident with another passenger vehicle is one thing, but being injured in a truck accident caused by an 18-wheeler is quite another. Truck accidents can leave the victims facing serious injuries, and because of the large size of these trucks, these accidents commonly result in fatalities.

In fact, truck accidents can be so bad that they leave victims with brain injuries or spinal cord injuries - injuries that require months or even years of medical treatment and rehabilitation. When the accident was caused by the truck driver's negligence, whether through fatigue, inattentiveness or alcohol or drug use, it may be possible for the injured victims to pursue financial compensation through a personal injury lawsuit.

Birth injuries can lead to medical malpractice lawsuit

Few people can probably imagine the emotional anguish of eagerly anticipating the birth of a new baby only to find out that the doctors and nurses they trusted with their medical care made a mistake in the birthing process. But, the reality is that birth injuries are more common than they should be.

When these tragic situations occur, the families who are affected may be able to proceed with a medical malpractice lawsuit. However, it is important to assess the situation to make sure that the medical condition in question was actually caused by negligent medical care, as opposed to a birth defect. In many cases of birth injuries, the medical condition exists because of something that the doctor failed to do.

What are the most common questions about workers' compensation?

Most workplaces are relatively safe, but the reality is that many workers are in harm's way every day. Illinois residents expect and deserve to work in areas that are free from potential danger, but that isn't always the case. And, as a result, workplace injuries occur. When this does happen, workers' compensation will likely come into play.

So, what are the most common questions about workers' compensation? The whole workers' compensation system can seem confusing, especially for those who are using it for the first time. Probably the most common question about workers' compensation is, what is it?

12 people injured in crash on Dan Ryan Expressway

Many of our readers in Elgin and northern Illinois probably commute to and around Chicago every day. For some, the Dan Ryan Expressway is a popular lane to travel. Unfortunately, with so much traffic in a major city like Chicago, there are bound to be some serious car accidents from time to time on such a busy roadway.

For instance, a recent report noted that several lanes of the Dan Ryan Expressway were closed after an accident involving a dump truck and tour bus. The reports indicated that the accident occurred at approximately 10:45 a.m. Apparently, the tour bus slammed into the rear of the dump truck on the expressway. The driver of the bus was reportedly trapped in the wreckage for about 30 minutes before being freed.

The documents you'll need in a medical malpractice case

As previous post highlighted, medical malpractice cases can be notoriously hard to prove. These cases can get highly technical, with various medical details making each step of the process sometimes seemingly more difficult than the one before it. In a medical malpractice case, quite a burden falls on the injured party. That means that are expected to keep detailed and accurate records and provide the right documentation to their attorneys.

First and foremost, all documentation of relevant medical records will be needed. These records will likely provide details regarding the type of care that was provided by all of the medical professional involved: doctors, nurses and surgeons. More importantly, these records will have the names of the individuals who provided care and when, allowing the medical malpractice lawsuit to identify the correct defendants.

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