Posted on March 04, 2020 in Personal Injury

Thanks to its inclusion in TV procedural dramas, movies, and other dramatic depictions, there is a good chance that you are familiar with the phrase “beyond a reasonable doubt” as it pertains to legal matters. While the concept predates American law, it has become a cornerstone principle in criminal courtrooms around the country, providing a basis for protecting the rights of the accused. Thanks to the ubiquitous nature of entertainment, it is easy to assume that the same standard applies in any type of court proceeding. Reasonable doubt, however, plays no specific role in civil court or personal injury claims, as the standard used in such cases is much different and much easier to attain. In civil court, a claimant must only show that his or her version of the event in question is more likely than not based on the “preponderance of the evidence.”

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 Posted on February 17, 2020 in Product Liability

Insulin pumps are important devices that can make a world of a difference to suffers of diabetes. An insulin pump delivers insulin to the body at regular intervals based on the user’s needs. Many people find insulin pumps to be much easier to use and less painful than traditional insulin shots. Insulin pumps are often considered superior to other insulin delivery methods because the devices more effectively manage blood sugar levels and prevent blood sugar lows. Unfortunately, some insulin pumps do the exact opposite of what they are intended to do. A company called Medtronic recently issued a recall of two types of its insulin pumps after major problems with the medical devices were discovered.

Malfunctioning Insulin Pumps Have Already Been Linked to Death

Over 300,000 Medtronic insulin pumps have been recalled after the FDA received thousands of reports of the devices malfunctioning.  Two models of the MiniMed 600 Series Insulin Pumps have been recalled because many of the devices contain a broken or missing retainer ring. The retainer ring is meant to tightly secure the insulin cartridge to the pump. When this component is defective, the user can receive an inaccurate dose of insulin. This can result in dangerous hypoglycemia or hyperglycemia. Sadly, at least one death and over 2,000 injuries have already been associated with the defective insulin pumps.

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 Posted on February 10, 2020 in Personal Injury

Parents who drop their children off at daycare trust that the daycare staff will treat their child with the care and attention they need and deserve. Unfortunately, daycare accidents do happen, and children can be seriously injured as a result. Sometimes these injuries could have been prevented if daycare workers took the steps necessary to ensure the safety of the children in their care. If your child has suffered an injury while at a childcare facility, you may be wondering whether the facility or childcare staff are at fault for your child’s injury.

Determining Fault in a Childcare Injury Case

Tragically, sometimes an injury to a child is the result of abuse. If you have reason to believe that your child was harmed by the intentional actions of daycare staff, contact law enforcement right away. Next, contact an experienced injury attorney. It is possible that you may be able to file a civil claim in addition to any criminal charges brought against the daycare staff.

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 Posted on February 04, 2020 in Premises Liability

Being assaulted is a nightmarish experience to endure. If you have been injured in a robbery or any other type of attack, you may be left with significant mental trauma and expensive medical bills. One way you may be able to receive compensation for these and other damages caused by the assault is through a premises liability lawsuit. If inadequate security was to blame for the assault, you may bring a civil claim against the property owner in addition to any civil claim or criminal charges you press against the attacker

Examples of Negligent Security

Property owners and managers have a legal obligation to keep properties reasonably safe for individuals who are invited onto the property. A property owner cannot guarantee the safety of everyone who enters his or her property, but the owner must appropriately address foreseeable risks. When a property owner does not fulfil this obligation and a visitor to the property is injured as a result, the owner may be liable for the damages caused by the injury. Examples of negligent security may include:

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 Posted on January 29, 2020 in Catastrophic Injuries

A traumatic brain injury is often the result of a violent blow to the head which causes the brain to strike the inside of the skull or an object penetrating the brain tissue. Traumatic brain injuries vary dramatically in their severity. Some people experience a mild traumatic brain injury (TBI) and do not even realize it. Other people experience debilitating symptoms for months or even years after suffering a TBI. If you or a loved one have experienced a brain injury in an accident caused by negligence, you may be eligible for compensation.

How Do Brain Injuries Happen?

There are almost infinite ways that a person can sustain a brain injury. Slip and fall injuries can be caused by a number of hazardous conditions. A person may suffer a concussion after slipping on an icy walkway and striking his or her head on the concrete. A faulty handrail could become dislodged and cause an individual to fall down the stairs and suffer a major brain contusion. A serious slip and fall accident could even be caused by something as simple as spilled motor oil in a retail store aisle. Property owners have a legal obligation to keep premises free of environmental hazards that present a risk of injury. If your injury was due to an unsafe condition on someone else’s property, you may have a valid injury claim.

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 Posted on January 22, 2020 in Medical Malpractice

When medical symptoms interfere with our ability to go about our lives normally, we go to the doctor to receive a diagnosis and treatment. Although no one expects doctors to instantly know exactly what is wrong, we generally trust that when we receive a diagnosis, it is the correct diagnosis. Unfortunately, misdiagnosis is common. According to one study, a shocking 12 million adults are misdiagnosed every year in the United States. Being misdiagnosed can cause a person to suffer through unneeded or even harmful medical procedures and medication regimens all while missing out on the treatment that is actually needed. If you have received an inaccurate diagnosis from a doctor, you may have a valid medical malpractice claim.

Commonly Misdiagnosed Medical Concerns

It is estimated that one out of every 20 patients who receive a medical diagnosis at a hospital, outpatient clinic, or doctor’s office receives an inaccurate diagnosis. Research shows that about one half of these misdiagnoses have the potential to cause severe harm to the patient. Some of the most commonly misdiagnosed medical conditions include:

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 Posted on January 15, 2020 in Nursing Home Neglect and Abuse

Deciding to place a disabled or elderly loved one in a nursing home can be an extremely difficult decision to make. On one hand, you want your loved one to be able to maintain as much independence as possible, but on the other hand, you want to ensure that he or she is safe. When the loved one can no longer complete daily living tasks and look out or his or her own wellbeing, a nursing home may be your only option. While many nursing home staff are hard-working, compassionate caretakers, instances of nursing home neglect and abuse do happen. One indicator that a nursing home resident is not being adequately cared for is reoccurring bedsores.

Causes of Bed Sores

Bed sores, also called pressure ulcers or decubitus ulcers, are wounds caused by long periods of pressure on body parts. The symptoms of bed sores start out mild and then become increasingly noticeable. The skin will first appear discolored or take on a “waxy” appearance or firm texture. If the pressure to the body part is not relieved, the skin can become much more damaged and develop into a painful open wound. Bed sores that are not treated are prone to serious infection. Pressure ulcers are most likely to occur the buttocks, back, hips, and ankles. Bed sores are especially common in individuals who have decreased mobility. Spending long periods of time laying down in bed or sitting in a wheelchair can cause bed sores to develop. For this reason, nursing home staff are trained to help residents with limited mobility periodically move around or change positions.  

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 Posted on December 26, 2019 in Medical Malpractice

Getting surgery is already foreboding enough. The thought that a surgeon or other medical professional could make a dangerous or even deadly mistake during surgery is especially frightening. Unfortunately, surgical mistakes do happen. When a person is injured because a negligent surgeon or other medical staff member makes an avoidable mistake, the injured person may be left with devastating and often painful consequences. Some surgical errors result in the death of the patient. When medical malpractice results in a patients’ death, the surviving family of the deceased person may choose to bring a wrongful death lawsuit against the practitioner or facility.

Surgical Mistakes Happen at Alarming Frequency

Studies have shown that outrageous surgical mistakes are made at very disturbingly high rates. One study showed that in an average week in the United States, surgeons:

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 Posted on December 19, 2019 in Personal Injury

Most personal injury lawsuits are brought against an individual whose negligent or intentional wrongdoing caused another person injury or death. For example, if a driver who is too busy texting and driving to watch the road causes an accident, a person injured in the accident may sue the driver. Many personal injury lawsuits involve drunk drivers. An individual who is driving under the influence of alcohol and gets in a car crash may be held liable for damages caused by the accident.  However, you may be surprised to learn that a personal injury claim can also be brought against a vendor who sold alcohol to an individual who causes you injury. These claims are called “dram shop liability” claims.

Illinois Law Regarding Dram Shop Liability

Illinois statute allows a person injured by someone under the influence of alcohol to bring a claim against the vendor who supplied the intoxicated person alcohol. The claim may be in response to personal injury, wrongful death, or property damage. 

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 Posted on December 12, 2019 in Catastrophic Injuries

Injuries to the spine and brain can be some of the most catastrophic injuries a person can endure. Because the brain and spinal cord are responsible for the transmission of nerves, the body’s movement, and basic functions like talking and walking, damage to these essential organs can dramatically decrease a person’s ability to live life the way they did before the injury.

If you or a loved one have suffered a serious spinal cord or brain injury and the injury was caused by medical malpractice, a negligent property owner, or another form of negligence party, a personal injury claim may help you recover compensation. While no amount of money can make up for an injury that affects the rest of your life, proceeds from a personal injury lawsuit can help you manage the vast expenses caused by a major injury and hold the negligent party responsible for its wrongdoing.

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