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Recent Blog Posts
Biggest Patient Safety Threats of 2023
The kinds of risks that patients face ebb and flow as the healthcare industry evolves. While some forms of injurious harm – for example, patient falls – remain relatively constant, others shift as the medical profession and medical facilities adapt their practices to the times. It was not so long ago, for example, that more patient harm was caused by providers’ illegible handwriting than was caused by issues with error-ridden electronic medical records maintained by hospitals.
Understanding the kinds of risks that patients face most frequently at any time is valuable for two primary reasons. First, this knowledge can empower patients to self-advocate if they are on the lookout for certain kinds of risks and errors. Second, this knowledge can be beneficial in the aftermath of sustaining injuries or illnesses due to a provider’s negligence. By understanding that a certain complication may be a sign of a common type of mistake, patients will be more likely to seek legal guidance and explore their legal options accordingly.
Do I Have Grounds to File a Medical Malpractice Lawsuit?
Unfortunately, although egregious medical errors and other forms of medical negligence occur every day, relatively few victims of this form of professional negligence take advantage of their rights under the law. The fact that it is not always clear when medical malpractice has occurred is one of the primary reasons driving this reality.
For most people, “medical malpractice” is a vague legal term that is not easily applied to individual circumstances. This is understandable. This area of the law is both complex and highly contextual. As a result, unless a healthcare provider admits to making a mistake or it is clear that a preventable situation has gone terribly wrong, it is rarely easy to identify and respond to incidents of medical malpractice.
When Does Medical Malpractice Occur?
Medical malpractice occurs when a patient suffers harm while under the care of a healthcare professional, subject to specific legal and professional criteria. Generally speaking, if a healthcare provider – either by action or omission – causes a patient harm due to engaging in a professionally substandard level of care, medical malpractice has likely occurred.
Why Injury Victims Need to Beware of Social Media
There are a host of reasons why millions of Americans log on to social media platforms each and every day. From seeking support to connecting with others who share the same passions, getting the word out about important causes to catching up with loved ones, social media allows people to express themselves openly and instantly in the Digital Age’s version of a town square. Yet, not all activity on social media yields positive results. For example, injury victims need to take great care when engaging on social media platforms due to the unique risks that such activity poses while an injury-related legal case remains unresolved.
“Anything You Say Can and Will…”
Anyone who has ever watched a full season of a legal drama can probably recite the Miranda warnings by heart. The phrase “anything you say can and will be used against you” is the opening line of the Miranda warnings read to criminal defendants as they are being arrested. In a strange way, it can be very helpful for injury victims to keep this phrase in mind as they are engaging on social media while their personal injury lawsuit, insurance claim, and/or workers’ compensation benefits application remains pending.
Can Electronic Medical Record Mining Lead to Fewer Medical Errors?
In 2016, researchers from the prestigious Johns Hopkins University School of Medicine revealed that medical errors are the third leading cause of death in the U.S. Since that time, there has been considerable pressure on the medical profession to identify why so many errors are occurring and what can be done to mitigate this devastating trend.
Research and practical trials designed to answer these questions are ongoing. Additionally, many medical facilities are starting to implement new technologies to minimize the likelihood that errors will occur and to reduce the harm associated with any that do occur. Among the most promising innovations being widely embraced across the country in recent years involves the mining of electronic medical records.
What Mining Aims to Achieve
All too often, failures in communication, multitasking, and attempts to account for a wealth of information in the blink of an eye lead to errors. By mining a patient’s electronic medical records in specific ways, potential errors can be caught before they are fully realized.
Emergency Departments Misdiagnose Atypical Presentations Far Too Often
It is not difficult to imagine why a missed diagnosis or a delayed diagnosis could cost a patient dearly. When injuries are acute and illnesses are aggressive, a diagnostic error can cost a patient valuable time. Under the most extreme circumstances, an error made in an operating room, at the scene of an accident, or in an emergency department could cost a patient their life.
One of the primary reasons that diagnostic errors occur is that not every condition presents in the exact same way in every patient. For example, it has only been over the last 20 years or so that the medical community and the wider public have come to understand that heart attack symptoms tend to manifest very differently in women than they do in men.
Dismissing someone’s atypical manifestations of a serious condition can result in catastrophic consequences. Recently, it was revealed just how often misinterpretation of atypical symptoms in E.R. patients causes irreversible harm.
Can I Sue if a Doctor or Hospital Gave Me a Drug I Am Allergic To?
One of the first questions doctors, nurses, dentists, and other healthcare practitioners usually ask a new patient is whether the patient has any known drug allergies. If the patient knows about a drug allergy, he or she discloses it to the healthcare worker, who notes it in the patient’s charts so that future exposure to the drug can be avoided. Unfortunately, healthcare workers are often busy and stressed, and details about allergies can be difficult to pay attention to. Nevertheless, this is not an excuse for accidentally giving a patient a dangerous drug and triggering an allergic reaction. If you or a loved one suffered a serious allergic reaction due to negligent medical care, you may be able to bring a case for medical malpractice.
What Happens if Someone Takes a Drug They Are Allergic To?
Allergic reactions vary depending on the person and the severity of the allergy. Some symptoms are not very serious, while others can quickly become life-threatening. The most common symptoms of an allergic reaction to a drug include, but are not limited to:
Dogs Can Unexpectedly Attack Young Children
Most people feel as though their dog is a part of the family and provide their furry four-legged friend with close supervision and careful training. But even the best pet dogs can hurt young children, who are often not much bigger than the dogs, and when a dog becomes frightened, threatened, or aggressive, it can unexpectedly attack.
Over four and a half million people are bitten by dogs every year, and about 20 percent of those bitten need to see a doctor to get medical attention for their injuries. Children in particular are often severely injured and, in tragic cases, even killed in dog attacks. If you or your child have suffered an injury from a neighbor, friend, or family member’s dog, you may be facing a long and expensive recovery. Speak with an Illinois personal injury attorney who can help you determine whether a lawsuit could help you obtain compensation to help you pay for the costs of treatment and any other losses due to the attack.
Defective Airbags Continue To Trigger Vehicle Recalls
Despite years of efforts to identify and recall vehicles with dangerously malfunctioning airbags, another series of recalls and ‘do not drive’ advisories have recently been issued. As with many previous recalls for airbag safety concerns, current recalls are for cars equipped with Takata brand airbags. These airbags fail up to 50 percent of the time, potentially ejecting metal fragments towards drivers that can kill or maim them forever. If you or a family member were injured by a defective airbag, an Illinois personal injury attorney may be able to help you recover compensation for your suffering.
Which Vehicles Are Being Recalled?
The recent recall focuses on older Acura and Honda models. Until the airbags have been fixed, the National Highway Transportation Safety Administration is warning people not to drive the cars at all. Airbag recall repairs are free for owners, but, due to the older models of these cars and the likelihood that they have been sold to multiple owners, it may be difficult to find and warn the current drivers of the roughly 8,000 Honda and Acura vehicles under recall, including:
Filing a Lawsuit After an Injury or Death Caused by a Fire
Fires may seem like one of those disasters which is unlikely to ever happen to you, but the sad truth is that nearly 4,000 people die in house fires every year and several thousand more are severely injured. Fires in homes, restaurants, stores, apartments, and other buildings can start quietly, spread quickly, and rapidly engulf an entire structure before occupants have time to get out. Young and old people are at the greatest likelihood of being injured or killed in a fire, but fires claim the lives of people of all ages, as well as the brave men and women who try to put them out.
If you recently lost a loved one or were seriously injured in a fire, you may be wondering what caused the blaze and, if it was another person or company, whether you can take legal action against them to seek compensation for your losses. If you or a loved one suffered injuries in a fire this winter, speak to an Illinois personal injury lawyer. We may be able to help.
Can a Pedestrian Sue the Driver Who Hit Them?
Crossing the street and getting hit by a car - it is a situation nobody expects themselves to be in, yet one that kills and seriously injures people in the U.S. every day. If pedestrians involved in vehicle accidents survive, they often face an expensive healing process and, in some cases, have serious injuries that prevent them from going back to work and living life as they did before.
When accidents like this happen, a personal injury lawsuit cannot undo the accident. But it may provide the injured or deceased party with a way to get the funds they need to recover and continue functioning as normally as possible in the future. However, there are strict time limits on how much time a pedestrian or their family has to take legal action, and the longer a victim waits, the more difficult it becomes to gather evidence and make a strong case.
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