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Rockford nursing home injury attorneysIt is hard to believe that anyone could be so cruel as to abuse a sick or elderly person in a nursing home, but it does happen. Research shows that about one out of every ten U.S. adults over age 60 have experienced elder abuse. Nursing home abuse, as well as nursing home neglect, is tragically common in the United States. Many nursing home residents suffer from mental and physical illnesses that make it difficult to express when they are being mistreated or abused. Some residents may even keep abuse a secret because they are afraid that they will be retaliated against for reporting the abuse. If you have a loved one in a nursing home or other long-term care facility, be vigilant for signs that they are being abused.

Physical Signs of Abuse

Sometimes, telling the difference between an injury caused by accident and an injury caused by a nursing home staff member can be difficult. Signs of physical abuse can include bruises, cuts, scrapes, pressure marks, broken bones, dislocations, burns, and more. When nursing home staff cannot explain why a resident has an injury such as these, this is a red flag that something is not right.

Tragically, nursing home residents can also suffer from sexual abuse. An individual who has been sexually abused by have problems walking or sitting, develop a sexually transmitted infection, have bruising on the genitals or thighs, urinary tract infections, and pain. Recently, a horrific incidence of nursing home sexual abuse made headlines after a woman in a vegetative state gave birth to a child.  A nurse working at the facility has been arrested and charged with sexually assaulting the woman and causing her to become pregnant.

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Winnebago County personal injury lawyersWhen you have been injured in a car accident, a slip and fall, or any other type of incident for which another was even partially responsible, it is easy to believe that insurance companies and other parties will do the right thing. Of course, the “right thing,” from your perspective, probably looks vastly different than from theirs. You deserve to be made whole and to have whatever expenses or losses you may have incurred as a result of your injuries fully reimbursed. Depending on the nature of your case, you may also be entitled to compensation for non-monetary considerations such as pain and suffering. Unfortunately, the other party, even it is your own insurance company, may not be quite so keen on paying you what you deserve. That is why it is important to have an experienced personal injury attorney on your side.

Understanding Liability

On your own, you may not be entirely sure you have the grounds or standing to file a liability claim. The other party may look to take advantage of your uncertainty, asking you to waive your rights to a claim quickly and with little more than a signature. Whether you have been injured in a truck accident or a trip and fall on commercial property, a personal injury lawyer will be much more familiar with the applicable laws and will help you determine which party or parties may be liable for damages.

Withstanding Pressure

You have the right to represent yourself in any legal proceeding, and, in many injury situations, the process begins at the negotiating table. Insurance carriers, including auto insurance, homeowner’s insurance, workers’ compensation, and third-party liability carriers, often start with outright denials of responsibility or with low-ball offers intended to end the case quickly and quietly. Out of context, the initial offer may seem to be an impressive amount, but context is exactly what is needed. In order to know what a fair settlement offer looks like, you will need to fully understand your injuries and the impact they are expected to have on your life. An attorney can help you account for all of the necessary variables and to avoid settling for less than what you need and deserve.

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Rockford defective drugs attorneysWhen a drug that has been prescribed for you is recalled, it can be a very frightening experience. One day, you are taking the drug as normal, completely unaware of any problems, and suddenly, headlines are decrying the dangers associated with the medication. Should you stop taking your medication? Should you call 911? In the resulting confusion, it can be challenging to know just what to do, but it is important not to make any health-related decisions without first speaking to a doctor or medical professional.

Educate Yourself

The U.S. Food and Drug Administration (FDA) handles all drug recalls in the United States. This includes voluntary recalls originating with the drug manufacturer. If a drug has been recalled, the FDA—along with a number of other reputable sources—will almost always provide information online regarding the reasons and potential dangers associated with the recall. In many cases, the potential for problems only exists for a small subset of all patients currently taking the drug. For example, a particular drug may present a previously unknown danger to patients who have a specific, seemingly unrelated coexisting condition.

Contact Your Pharmacist

A well-trained pharmacist can be an extremely valuable source of information related to prescription drugs. While he or she may not go into specifics regarding the experiences of other patients, he or she can advise you on possible alternatives to the recalled drug. It is very possible that only a particular production lot of the drug was recalled, and your pharmacist may be able to simply replace your current prescription with a non-recalled version. 

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Winnebago County personal injury attorneysIt seems like just last week that Illinois residents were celebrating the summer with barbecues, fireworks, and family softball games. Almost without warning, the leaves have changed colors and, in fact, many deserted the trees on which they grew, leaving the branches exposed and looking like the dead of winter. Make no mistake, winter is on its way. That is why now is the time to get your car or truck ready for the cold and snow, taking every precaution to avoid dangerous and deadly winter auto accidents

Prevent Breakdowns

There are countless resources, both online and in auto shops, that will go into minute detail about the various points of concern for winterizing your vehicle. Not all, of course, are applicable to every car or truck, or even every driver, so check with your mechanic about your particular needs. There are a few basic things, however, that apply to anyone taking to the roads this winter, and by taking a few moments now, you can help to prevent unforeseen tragedy.

Among the primary considerations for your car or truck in cold weather are your battery and your antifreeze. Your car’s engine relies on the battery to start, so you will need to be sure it has the power to withstand the pressures of winter. Similarly, antifreeze ensures that the water in your car’s radiator does not form ice crystals which could cause a whole host of problems. Make sure your antifreeze levels are maintained properly and flushed, if necessary, to start the winter season fresh.

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Rockford personal injury attorneyThe moments after a motor vehicle crash can be extremely overwhelming, especially if you have been injured. It may be very difficult to keep the events straight in your mind and, then, to relay that information to the responding police officer. There may be a myriad of factors of which you were unaware that still played a significant role in causing the accident and your resulting injuries. In many cases, accident reconstruction is necessary in helping establish the true nature of the accident and exactly which parties may be held liable.

Get Started Immediately

For accident reconstruction to be most effective, it needs to begin as soon as possible following the crash. Any delay can result in the loss of evidence and telltale signs of what may have happened, such as skid-marks on the pavement, leaking fluids, and more. It is important to get an accident reconstructionist on site quickly, even if for just a short time, so he or she can take photos, make measurements, and observe any and all indications of what took place. He or she can also extract information from electronic data recorders, or so-called “black-boxes,” installed as a standard feature on many of today’s cars and trucks.

Applied Science

To complete the investigation, the accident reconstructionist will also analyze the damage caused both to public and private property and each vehicle. Combining this information with the available police reports and vehicle specifics, the reconstructionist will utilize his or her scientific training to apply mathematical formulas and equations to recreate the accident as it most likely occurred. An accurate accident reconstruction is much more in-depth than a simple police report and can be used to identify contributing factors such as malfunctioning traffic signals, faulty vehicle equipment, poor roadway maintenance, and many more.

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Winnebago County personal injury attorneysEstablishing fault for a car accident is not always straightforward. Often, when motorists are involved in a car crash, there are a number of factors are at play. For example, outside distractions such as pedestrians, construction work, closed lanes, or heavy traffic can make an accident more likely to occur. Car accidents often involve several vehicles, and it can be extremely difficult to determine which car actually started an accident.

Proving who was at fault for a crash is crucial for several reasons. First, the at-fault party's car insurance company is usually responsible for paying repair costs for other vehicles involved in the accident. Secondly, if another person was injured in the accident, the at-fault party may be responsible for that person’s medical bills, lost wages, and pain and suffering.

No-Doubt Liability

Generally, auto insurance companies of the individuals involved in an accident will take a lead role in determining financial liability for a car accident. The insurance companies use the help of claims adjusters to determine which of the drivers involved in an accident was at fault.

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Rockford falling cargo accident lawyerGetting into a car accident can obviously cause significant personal injury. Such an accident can also result in significant financial losses, as well. Even automobile accidents which are not your fault can end up costing you and your family thousands of dollars. Imagine this scenario: You are driving down the highway when a flatbed truck pulls in front of you. Suddenly, cargo from the bed of the truck comes loose, falls, and strikes your windshield. You veer out of control and crash your vehicle, resulting in significant vehicular damage and several broken bones. Who is responsible for your injuries and the damage to your vehicle? Often, the answer to the question of liability in loose-cargo accidents is not clear-cut.

Falling Cargo Can Cause Fatal Car Accidents

A 2016 study conducted by AAA found that falling cargo was a factor in over 200,000 crashes between 2011 and 2014. Improperly secured cargo was the most common cause of these accidents. Road debris resulted in roughly 39,000 injuries and over 500 fatalities during the same time period. Loose cargo and road debris can cause serious neck and spine injuries, broken bones, traumatic brain injury, and worse. Even more devastating, some people injured by loose cargo are left in thousands of dollars of medical debt and are unable to work.

Is A Truck Driver Automatically Responsible for Falling Cargo?

Many people who are injured in a cargo-related truck accident assume that the truck driver is at fault. While this is sometimes true, there are many other factors that one must consider when assigning blame in a loose cargo traffic accident. For example, say a motorist’s vehicle is struck with items falling from a flatbed truck carrying farm equipment. The loose cargo may be due to driver error, improper loading, faulty restraints, or issues with the farm equipment itself.

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Winnebago County personal injury attorneyMost sighted people take their ability to see the world around them for granted. Sadly, it is often only after a person experiences vision loss or impairment that he or she recognizes the sense of sight as the gift it really is. When a person is blinded or sustains a serious eye injury after an accident, they might be unable to work or enjoy the same quality of life they had before. When a person or entity’s negligence causes another person a life-altering injury, the negligent party should be held accountable. Read on to learn about the most common types of eye injuries that can be caused by auto accidents.

Airbag Injuries Are More Common Than You Might Think

Many people incorrectly imagine airbags as soft pillows designed to cushion the driver and passengers in the event of a crash. Although airbags are tremendously helpful at reducing fatalities in car accidents, they can also be the cause of certain injuries.  Airbags contain nitrogen gas and other chemicals which are activated during a car crash in order to rapidly fill the airbag with gas. The average airbag deploys at a speed of up to 186 miles an hour and is filled within about 0.03 seconds. While airbags are designed to prevent more traumatic head injuries, they have been known to cause retinal detachment and traumatic cataracts.

Traumatic Brain Injuries Can Cause Vision Problems

Traumatic brain injuries (TBI) are often caused by serious car accidents. TBIs are usually caused by forceful blows to the head. Head and skull trauma can also have a major effect on the eyes.

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Winnebago County personal injury attorneyThe birth of a child should be one of the best experiences of a new parent’s life. However, when medical malpractice or negligence is a factor during an infant’s birth, the results can be tragic. Birth injuries can result in years or even a lifetime of expensive and often painful medical procedures and ongoing medical care. If your child was injured during his or her birth due to medical negligence, you may be eligible for financial compensation.

Types of Injuries That Can Occur During Birth

Birth injuries can occur during several different states of the delivery process. Some of the most common birth injuries include:

  • Cerebral palsy
  • Erb's palsy
  • Nerve damage including brachial plexus Injuries (BPI)
  • Perinatal asphyxia (lack of oxygen which can cause permanent neurological damage)
  • Bone fractures
  • Umbilical cord entrapment;
  • Forceps or vacuum injuries
  • Facial paralysis

Damages for Birth Injuries

Through a personal injury suit, the parents of children who have suffered birth injuries may be able to receive compensation for damages caused by the injury. Economic damages most often include medical bills, future medical expenses, lost wages, and caretaking expenses. Noneconomic damages are much more subjective than economic damages and can include compensation for pain and suffering, emotional distress, loss of a normal life, shortened life expectancy, and more.

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Rockford distracted driving accident lawyerBy now, you have almost certainly heard the warnings about the dangers of texting while driving. The National Highway Traffic Safety Administration, AT&T, AAA, nonprofits, and other organizations have spent millions of dollars on campaigns to stop texting and driving. However, there are many other ways that drivers become dangerously distracted on the road, often leading to devastating accidents.

Children Can Be More Distracting Than Texting

If you have children, you probably spend a great deal of time transporting them to and from school, friends’ houses, and after-school activities. According to several studies, when your children are in the car, you may be driving while distracted. One study showed that children were twelve times more distracting to a driver than texting was. Research has also shown that parents with children in the car spend, on average, three minutes and twenty-two seconds with their eyes away from the road for every sixteen minutes they are diving.

Surprising Dangers on the Road

Distracted driving can also be caused when a driver attempts to multitask while driving. Many of us have extremely busy lives and often eat or drink while driving to save time. While the coffee and donut on the way to work may help you get your day started, experts believe that even this puts drivers at an increased risk of being in a car accident. A study conducted by Erie insurance found that smoking while driving is equally dangerous. Individuals who reach for a cigarette or go to light one take their eyes off the road for just a moment, but it only takes a moment to be involved in a crash.

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WInnebago County personal injury attorneysSlipping and falling can cause devastating injuries in mere seconds. A person who falls and hits their head on concrete, for example, may suffer a traumatic brain injury which leaves them with agonizing pain and other adverse symptoms for months. Slip and fall injuries can also incur tens of thousands of dollars’ worth of medical bills. A serious fall can take away a person’s independence, their ability to work, and significantly decrease their quality of life. If you or someone you know was injured in a slip and fall accident, you may wish to pursue compensation through a premises liability lawsuit. In order to be awarded financial damages for injuries related to a slip and fall, you and your legal team must prove liability, or responsibility, for the accident.

Legal Responsibility for Your Injuries May Lie with the Property Owner or Manager

Property owners have a legal responsibility to keep their property safe for individuals who legally visit the property. For example, a store owner must endure that spilled liquid is marked as hazardous and cleaned up as soon as possible.  If the owner knows that a slippery substance is on the floor and does nothing to address the situation or warn customers of this danger, he or she may be liable for an injury caused by the environmental hazard. Similarly, a residential property owner who has a broken staircase can be held liable if a visitor to their property falls from the staircase and is injured. In some premises liability cases, the person or entity that manages or oversees the property is the responsible party instead of the property owner.

Proving Negligence is Required for a Successful Premises Liability Lawsuit

Not every slip and fall accident is the fault of the property owner or manager. Sometimes, a person is injured in a freak accident which is not caused by negligence on the part of the property owner. Negligence occurs when a party owes a duty to another and fails to uphold that duty. With slip and fall accidents, a property owner has a duty to ensure that his or her property is reasonably safe and free of danger before allowing visitors or patrons onto that property. A property owner who does not regularly maintain the property or who ignores potentially dangerous conditions will likely be considered negligent.

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Rockford personal injury attorneysImagine this scenario: You are at a friend’s house enjoying a party. While walking upstairs, you experience a horrible slip and fall. You are taken to the hospital where you learn you have significant injuries that will require thousands of dollars’ worth of medical care, corrective surgery, and physical therapy. Even worse, you will be out of work for months, so you will lose money this way as well. You may be asking yourself, “Would my friend’s homeowner’s insurance cover any of these expenses?”

Does the Property Owner Have Insurance?

The first question to consider if you have been injured at a friend or neighbor’s house is if the property owner even has homeowner’s insurance. Fortunately, most homeowners do. Mortgage companies require homeowner’s insurance, so if a person has a mortgage and is still paying off their house, they should have homeowner’s insurance. However, there is still the chance that a person who owns their home free and clear and has no mortgage might not have homeowner’s insurance.

Report the Incident to the Insurer Immediately

If the owner of the property on which you were injured does have homeowner’s insurance, you should report the incident to the insurer as soon as possible. Waiting too long to report the claim can make you lose credibility in the eyes of the insurer. There is no register of homeowner’s insurance information, so the only way you will be able to know the name of the insurer is to ask the property owner.

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Rockford personal injury attorneysIf you have been injured in a car crash or any other accident caused by another party’s actions or negligence, you might be able to pursue compensation for the injuries you have sustained. Compensation is generally available to cover medical expenses, time away from work, and damage to property, as well as more subjective losses such as pain, suffering, and permanent scarring. Unfortunately, it is not always easy to collect compensation after an accident, especially if a lawsuit is necessary.

Filing Your Claim

In most situations, the first step toward recovering compensation after an accident is filing a claim with the at-fault party’s insurance company. Depending on the situation, you might do so by going through your own insurance company first or you could file directly with the other party’s carrier. Your claim will almost certainly include the police report and any other evidence that might help prove that the other party was to blame for your injuries.

At this stage, the insurance company might offer a settlement that seems like it will cover all of your losses. Keep in mind that initial offers often do not take long-term considerations into account. For example, the first offer might come before you have even received a prognosis for making a full physical recovery from your doctor. If you accept a settlement offer, you will waive your right to taking legal action in the future, so you should discuss the matter with a qualified personal injury lawyer before making a decision.

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b2ap3_thumbnail_comparative-fault-balance-negligence.jpgImagine this scenario: You are cruising down the highway at about 10 miles over the speed limit when you are hit by a drunk driver. You suffer significant injuries to your back and neck that leave you unable to work and drowning in medical bills. The drunk driver’s insurance company offers you a settlement which does not even come close to compensating you for your damages. Is there a way that you can sue to recover compensation? The answer in Illinois is “yes.”

Illinois’ comparative fault law allows those injured by another’s negligence to sue even if they were partially responsible for the injury or accident. In this example, the original driver may have contributed to the accident by speeding, but if the other driver was more to blame, a personal injury suit is still possible.

Defining Negligence Under Illinois Law

The word “negligence” is used to describe a situation when a person or entity owes a duty of care, or responsibility, to another person and fails to uphold that duty. For example, doctors have a duty to their patients to maintain the prevailing standard of care within their area of practice. A doctor who significantly deviates from this standard of care and causes injury to his or her patient may be considered negligent. Similarly, drivers using public roadways have a duty to the other motorists on the road to drive with care and attention. Driving drunk is certainly not upholding this duty. Therefore, many drunk drivers are held liable when an accident they cause results in injuries.

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Rockford product liability lawyersThe U.S. Consumer Product Safety Commission (CPSC) is the government agency responsible for ensuring that the products Americans use everyday are not unreasonably dangerous. When it comes to infant and child products, the need for strict safety guidelines and regulations is especially great. Millions of child and baby products are recalled every year after evidence is discovered that the products carry a defect which increases the risk of injury or death. Recently, the American Academy of Pediatrics requested that the CPSC issue a recall for the popular Fisher-Price Rock ‘n Play Sleeper after the sleeper was linked to several infant deaths.

American Academy of Pediatrics Says Inclined Sleeper is Deadly

There has long been debate regarding the safest way for infants to sleep. Fears about Sudden Infant Death Syndrome (SIDS) and other fatal conditions can cause new parents to be nervous about how they lay their child down for sleep. Although we generally assume that the baby products sold in retail stores are safe for our children, the sad case is that some products do carry risks. More than 30 infants have died while sleeping in Rock ‘n Play sleepers since the product was introduced in 2009. Frighteningly, new evidence shows that a great deal of these recalled sleepers are still being used in homes and daycares across the country.

Child Care Providers May Be Using Unsafe Products

The American Academy of Pediatrics formally recommends that babies should be placed on a flat surface that is free of blankets and other items when they sleep. The recalled sleepers place infants in an inclined position which some believe is the cause of the fatalities. One parent was shocked to discover that one the sleepers linked to infant death was being used in his own son’s daycare. The Philadelphia father is a consumer watchdog for the U.S. Public Interest Research Group, so he recognized the recalled sleeper right away. Research suggests that approximately one out of ten daycares are still using the dangerous sleeper. Child care organizations which use unsafe products or otherwise put children and babies at risk can be held legally responsible for any injuries or deaths caused by their negligence. 

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Rockford medical malpractice lawyersWhile most doctors, nurses, surgeons, and other healthcare providers are competent to provide quality medical care, medical mistakes do happen. In fact, the Journal of the American Medical Association (JAMA) reports that medical negligence is the third-leading cause of death in the United States. In 2012 alone, over $3 billion dollars was spent in payouts for medical malpractice lawsuits.

Medical errors can affect all types of patients. In fact, the family of acclaimed astronaut Neil Armstrong believes that the 82-year-old’s death was a result of medical negligence. Until recently, this information had been kept secret, but now details about the case are emerging.

Family Says Hospital Caused Armstrong’s Death

Astronaut Neil Armstrong has had an incredible life to say the least. In addition to being the first man to walk on the moon, he also fought in the Korean War, won the Congressional Space Medal of Honor, and had three children. Armstrong’s family, however, says that his incredible life came to an end too soon. Armstrong developed coronary disease and required bypass surgery in 2012. He made it through the surgery but then developed complications which eventually caused his death.

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Rockford personal injury attorneyIf you are a parent, you know how difficult it can be to leave your child in the care of someone else. Whether you are dropping the child off at school, daycare, or extracurricular activities, you likely worry about the quality of care and supervision that your child will receive. While the majority of childcare workers take pride in keeping children’s safety their top priority, some facilities employ staff who do not take the steps necessary to ensure the safety of the children left in their care. When childcare staff, bus drivers, teachers, nannies, and other individuals tasked with caring for children fail to properly do their job, the results can be deadly.

Three-Year-Old Boy Passes Away After Being Left in Hot Bus

A Houston bus driver has recently been indicted for “injury to a child by recklessly causing serious bodily injury or death” almost exactly a year after he allegedly left a young boy in a scorching hot bus. The horrific incident was first discovered when the boy’s father came to pick up his child from a Houston area daycare. When workers could not locate the child, the father started searching for his son. That is when he found his three-year-old unresponsive in the 113-degree daycare bus. The children had taken a field trip to a park, but not every child had disembarked the bus upon their return. Despite efforts to save the young boy’s life, he passed away.

Prosecutors Say Bus Driver’s Negligence Caused the Child’s Tragic Death

The issue of children being left in hot cars or buses is sadly not unheard of. According to Kids and Cars, a safety organization working to prevent incidents such as this, an average of 37 children die every year after being left in hot vehicles. Because of the heartbreaking frequency of child deaths related to hot cars, some buses are equipped with special safety measures to prevent children from being left unattended. Prosecutors say that although this bus had a passenger safety alarm designed to prevent passengers from being left behind, the bus driver had disengaged this alarm. The parents of the boy killed in the hot bus have filed a lawsuit against the daycare.

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Winnebago County distracted driving accident lawyersBy now, most people have heard about the dangers of texting while driving or other types of distracted driving. However, studies show that a significant number of motorists are still dangerously distracted while operating a vehicle. In 2017, over 3,000 people nationwide lost their lives in accidents involving distracted drivers, and countless more were injured. If you or a loved one were hurt in an accident caused by a negligent driver, you may be able to receive compensation for your damages.

Types of Distracted Driving

Although we often hear about the dangers of texting and driving, this is not the only form of distracted driving which causes serious auto accidents. Some motorists have actually admitted to checking social media or using other phone applications while driving too. GPS devices are also a major cause of distracted driving. However, electronic devices are not the only thing that takes our attention off of the road. Studies have shown that activities like eating, changing the radio station, searching through a purse or wallet, and smoking while driving also increase the chances of being involved in an injury-causing motor vehicle accident.

Perhaps the most under-recognized type of distracted driving occurs when a driver is distracted by his or her passengers. A study conducted by Monash University found that children are an astounding 12 times more distracting than cell phone use while driving. In fact, researchers found that parents take their eyes off the road for an average of over three minutes per every 16-minute trip.

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Winnebago County medical malpractice attorneysWhen couples cannot conceive a child traditionally, they often turn to in vitro fertilization (IVF). Through this process, an egg and sperm are combined in the laboratory and then the resulting embryo is implanted in the woman’s uterus. This option can be a wonderful solution for many couples. However, the IVF process does not always go according to plan. One couple who turned to IVF was recently horrified to learn that a mix up led to their embryo being implanted in another woman and that they were carrying children from another couple. The couple says they plan to sue the fertility clinic who made the grievous medical error.

Embryo’s from Three Couples Were Implanted in the Wrong Women

When a couple chooses to use IVF to have a baby, they are likely to have many concerns. Will the procedure result in a viable embryo? Will the pregnancy go smoothly? Will the child be healthy? Most couples, however, would not even dream that medical negligence could lead to something as outrageous as what several IVF couples are now facing.

The mistake was first discovered after a Korean-American woman gave birth to twins who were not the gender she expected nor were they of Asian descent. In fact, the babies were not even genetically related to one another. The woman had actually given birth to babies belonging to two other couples. The other couples were equally devastated to learn that another woman had carried their children.

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Winnebago County medical malpractice lawyersThe medical advances our society has achieved in the last few decades have allowed people to overcome injuries and illnesses that would have certainly been fatal in the past. Many of these advancements involve invasive surgical procedures. Getting surgery almost always involves certain risks, but some of these risks are avoidable and completely unacceptable. When an avoidable surgical error is made during an operation, the results can be catastrophic. Surgeons, doctors, nurses, and other medical professionals can be held legally responsible when these types of medical mistakes result in the death or injury of a patient. 

Understanding When a Medical Professional Has Committed Medical Negligence

Sometimes problems and complications occur during surgery due to no fault of the medical staff conducting the operation. Just because a surgical procedure fails to produce the desired result does not mean medical negligence has occurred. Generally, medical negligence is defined as when substandard medical care leads to some type of harm to the patient.

Some surgical errors are so preventable that they are called “never events” meaning that these particular mistakes should never happen. Never events include mistakes like leaving a surgical instrument inside a patient's body, performing surgery on the wrong body part, and performing the wrong surgical procedure on a patient. These types of mistakes often lead to medical malpractice claims. 

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