Illinois Injury Attorney Blog

A Gurnee, Illinois family had its Medical Malpractice verdict upheld against the Erie Family Health Center. The Chicago Medical Malpractice Lawyers at Kooi Law recently learned the U.S. Court of Appeals for the Seventh Circuit upheld the $29.1 million verdict in the lawsuit, Arroyo v. United States. This case stems from an infection Christian Arroyo developed after he was born in 2003. He is now a spastic quadriplegic with cerebral palsy.

Arroyo's parents contend their son developed a common neonatal blood infection not long after his birth. They allege physicians and nurses at Erie Family Health Center, a clinic funded by the United States government, did not treat their newborn for more than 12 hours. The Arroyos claim this Medical Negligence led to irreversible brain damage in their son.

Last year, the Arroyos won their Medical Malpractice case. However, the United States government appealed the multi-million dollar verdict. The federal government claimed the lawsuit was not timely because Christian's parents waited two years to file a Medical Malpractice claim. However, the Court of Appeals rejected that contention. The Arroyo's attorney argued the doctors never told the parents antibiotics could have prevented Christian's brain damage. The Arroyos didn't find this out until their next son was born and immediately given antibiotics. Thus, the Arroyos attorney argued, the parents had no way of knowing medical negligence occurred until the situation with their next son and the antibiotics he was given.

The Arroyos say they are pleased with the Court's decision and that the monetary award will help them care for their son, Christian. Illinois is one of several states that does not limit jury awards in mostMedical Malpractice cases. At one time, Illinois did have such a limit, known as a "cap." This cap was implemented in 2005 and set a $500,000 limit on noneconomic damages in cases against doctors and a $1 million cap against hospitals. The Illinois Supreme Court struck down that law in February of last year claiming the law violated the separation of powers. The Court said the law took away some of the power of judges and juries to make decisions.

While Illinois's Medical Negligence law does not limit damages, it does set a time limit for when when Medical Malpractice claims can be made. Of course, there are exceptions, but in general, a medical malpractice claim must be made within two years of when the medical error occurred.

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A two Car Crash on Illinois Route 159 left one woman dead. The auto accident happened Tuesday afternoon. The Illinois Car Accident Lawyers learned the victim was identified as 60 year old Karen Mavers from Waterloo. Illinois investigators say 77 year old Jeanette Phillips was driving the second vehicle. She was not hurt in the car accident.

Illinois State Police investigated this Car Collision. Officers say Mavers's car was hit by Phillip's approaching vehicle that had merged into Mavers's lane. The collision forced Mavers to lose control of her vehicle. Thus, her car wound up off the road, went down an embankment and flipped. Phillips was ticketed for using a lane improperly in causing an accident.

Not surprisingly, passenger cars are the most frequent type of vehicle involved in deadly Auto Accidents. The National Highway Traffic Safety Administration found in Illinois in 2009, passenger cars were involved in 593 deadly crashes. That accounted for 45.6% of all the deadly vehicle crashes in Illinois that year. Light trucks made up the second most fatal accidents. They were in 32.9% of them.

The National Highway Traffic Safety Administration also looked at the ages of people involved in deadly vehicle collisions. In this week's deadly car crash on Illinois Route 159, the drivers were 60 and 77 years old. Data showed in 2009 in Illinois, people older than 74 were in 132 fatal crashes. People aged 55-64 were in 120 deadly auto accidents. Nationally, people older than 74 were in 3,706 fatal crashes while people aged 55-64 were in 4,211 deadly vehicle accidents. The age group with the most fatalities in 2009 was the 25-34 year old one. That age group had the most vehicle fatalities nationally and in Illinois.

Illinois Auto Accident Lawyers recommend if possible, people take specific actions if they find themselves in a car crash. Victims should collect and keep evidence in case certain entities ask for it in the future. Insurance companies and attorneys might ask for such evidence at a later date. Helpful evidence can be a variety of items like police reports, accident photos, witness statements, driving records and medical records.

Continue reading "ILLINOIS WOMAN DIES IN CAR ACCIDENT ON ILLINOIS ROUTE 159" »

Learning if your Illinois doctor has a history of Medical Malpractice will soon be much easier. Such information will soon be available online as part of the state's new "Patient Right to Know Act" which Illinois Governor Pat Quinn signed Tuesday. Experienced Chicago Medical Malpractice Lawyers are familiar with this online Medical Malpractice information source because it's not new. The law reinstates the website that had been in place for a few years until the Illinois Supreme Court ruled last year that a Medical Malpractice reform law was not constitutional. Thus, the state had to take down the website.

So what will the database entail? People should be able to find a more detailed history on Illinois physicians such as any judgments and settlements against the doctors in Medical Malpractice and Medical Negligence lawsuits in the past five years. Appeals will also be noted. People can also learn if a doctor was disciplined in Illinois or in another state. Doctors will have about two months to look over the information before the website is active for consumers. Then, information on almost 50,000 licensed doctors will be back on the web, and it will be updated continuously.

If you are interested in using the database, you can find it on the Illinois Department of Financial and Professional Regulation's website. Illinois is not the only state to offer such medical information to people. California, Idaho and Florida are just a few of the other states with similar searchable databases.

Illinois lawmakers and the state's court system are constantly changing and reforming Illinois's Medical Malpractice rules and laws. Thus, the honest and hard-working Illinois Medical Malpractice Lawyers at Kooi Law are staying on top of these changes to better serve their clients. This is also why it's important to carefully choose a Medical Malpractice Lawyer if you believe you are the victim of a medical error.

One such change was mentioned earlier, and it was a big one. In February of last year, the Illinois Supreme Court overturned the state’s Medical Malpractice law which had been in place for five years. The law was overturned because it limited compensation to injured patients for pain and suffering. Thus, what's commonly known as "caps" on jury awards in Medical Malpractice and Medical Negligence cases were done away with. The caps had been set at $500,000 for non-economic damages in decisions against physicians and $1 million in verdicts against hospitals. Now, juries are not restricted on how much they can award a victim of a medical error.

Another key element of Illinois's Medical Malpractice Act is the statute of limitations. This aspect mandates that an apparent victim of a medical mistake must start Medical Malpractice actions within 2 years of when the supposed error happened. However, there are circumstances that can allow a victim a longer period of time to file a Medical Malpractice lawsuit.

Continue reading "ILLINOIS DOCTORS' MEDICAL MALPRACTICE HISTORY TO SOON BE ONLINE" »

This month, an Illinois Nursing Home experienced an apparent case of Resident-on-Resident Nursing Home Abuse that led to a death. The Cook County Medical Examiner said 86-year old Mercedes Iverson died due an to an attack by another patient at the Maryhaven Nursing and Rehabilitation Center. Her death was ruled a homicide and Glenview Police are looking into her death.

The Chicago Sun-Times reports the alleged abuse happened in a private room in the part of the Nursing Home that handles residents with dementia. A spokesperson for Maryhaven said staff did report the incident to the authorities, and Illinois investigators did not find any errors in the way Maryhaven's staff dealt with the apparent abuse.

In Indiana and throughout the country, people with dementia often find themselves victims of abuse. While this recent Illinois case did not involve a caregiver abusing a patient, caregivers are often to blame for injuring or neglecting a resident with dementia. UC Irvine's Center of Excellence on Elder Abuse and Neglect found caregivers abuse people with dementia about 47% of the time. Research showed about 60% of the caregiver abuse was verbal while 5-10% was physical.

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A 16 year old boy faces first degree murder charges stemming from a Car Crash in Chicago on Sunday. 42-year old Marciea Adkins was killed in the auto accident.

The Chicago Tribune reports the teen was behind the wheel of a stolen SUV as police were chasing him when the car collision occurred. Adkins was on her way home from work as a Chicago 911 dispatcher when her vehicle was struck. Chicago police say the teen tried to flee the scene after the accident. He was arrested, however. In addition to first degree murder, the teen faces several other charges including burglary and driving under the influence.

Statistics show teen drivers are involved in a large percentage of deadly vehicle accidents. Add alcohol to the mix and you have an even deadlier combination. The Centers for Disease Control and Prevention found from 2004-2008, 9,644 drivers aged 16 or 17 years were involved in 9,494 deadly vehicle accidents. And of the 947 drivers with a positive BAC, 678 or 72% of these drivers had a BAC of equal to or more than 0.08 which is above the legal limit for drivers younger than 21.

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Illinois's governor signed a new Workers Compensation bill into law on Tuesday. Illinois lawmakers had sent the sweeping work comp overhaul to Governor Pat Quinn's desk a few weeks ago. Insurance changes are expected to begin in about two months.

The Chicago Tribune reports in the article, "Quinn to Sign Workers' Compensation Reform Tuesday," the new Work Comp law will save Illinois companies about $500 million each year. Lawmakers say the legislation is designed to prevent people from taking advantage of the state's Workers' Compensation system. Among the changes, workers who are hurt on the job will have to show they were, indeed, injured while working. Also, the new Work Comp law will get rid of most of the people who hear cases for the Illinois Workers' Compensation Commission. The new arbitrators will have to be lawyers and will have to undergo training.

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An Illinois Auto Accident claims the life of a 15-year old Gurnee, Illinois girl. Taylor Mae Stinchcomb died as she was trying to keep her family dog, who was sick with cancer, from being put down.

Chicago media outlets report the teen put her dog in the family's minivan and drove away with another 15-year girl in the vehicle as well. This was done without her parents' knowledge and apparently, in an attempt to protect the dog from euthanasia. Reportedly, Taylor became too distraught to drive so the other 15-year old took the wheel, and Taylor moved to the passenger seat. Unfortunately, that teen lost control of the minivan which flipped and then hit a few trees and a utility pole. Both Stinchcomb and the dog she was trying to save died from their injuries. The other girl was hurt but not severely.

Obviously, both girls were too young to have a driver's license. Teens do, however, find themselves as victims of auto accidents usually when passengers. The National Highway Traffic Safety Administration found that 12 children ages 10-15 died in 2009 in Illinois in vehicle accidents. Nationally, 728 children in that age group were killed in auto accidents.

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Recently, Illinois lawmakers passed new reforms to cutdown on Nursing Home Abuse and Nursing Home Neglect. The new legislation aims to protect children and adults with extreme developmental disabilities. It would apply only to nursing homes for people with developmental disabilities. Last year, lawmakers passed similar legislation for nursing homes for the elderly and people with mental disabilities.

As the Chicago Tribune details, the potential new laws would mandate nursing homes that care for developmentally disabled people report all fatalities to state regulators. The nursing home staff would also have to tell local coroners or medical examiners about any deaths. The proposed legislation would also include larger fines for poor care, and it would stop new admissions at nursing homes with many violations. Additionally, the reforms would tighten the use of psychotropic drugs.

While many lawmakers and those in the Nursing Home field applaud these potential safeguards, some people think the legislation does not go far enough. An advocate for Nursing Home residents says Illinois will need to hire more nursing home inspectors to make sure the new laws are being enforced. However, an official with the Illinois Department of Public Health says the new laws are enough to make the department more effective at protecting residents from Nursing Home Abuse and Injuries.

Of course, you can also take steps if you suspect a nursing home resident is suffering from abuse or neglect. The Illinois Department on Aging suggests you call the Illinois Department of Health or the Nursing Home Hotline.

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Two people are recovering after they were hurt in an Auto Accident involving a Bus and Two Construction Trucks. Illinois State Police say the Truck Crash happened Tuesday morning on United States Interstate 88 near Sugar Grove. The injuries could fall under the Worker's Compensation field of law.

According to Illinois State Police, the vehicle crash is a result of the driver of a Greyhound Bus falling asleep while driving. The bus was empty at the time of the auto accident. Illinois's 53-year old John Hudson is identified as the driver. After falling asleep, he then apparently hit a construction truck in the back which forced that truck to hit a second construction truck that was in front of it. Hudson now faces numerous charges.

As for injuries, Hudson was hurt and was transported to a local Illinois hospital for treatment. The driver of the first construction truck was also hurt and taken to an Illinois hospital. These injuries could be considered Work Comp related if they, indeed, happened while the drivers were in the course and scope of employment.

Each year in Illinois, tens of thousands of workers are hurt while on the job. The Illinois Department of Health keeps track of such injuries to help improve safety in the workplace. In a recent study, it found that painters, construction and maintenance workers had the highest median days away from work with 76. That was followed by first-line supervisors/managers of retail sales workers with 63 days of work missed and truck drivers, light or delivery services with 41 days missed.

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A Chicago Southwest side community is mourning the death of an Illinois girl killed in a Hit and Run Vehicle Crash. 8-year old Mariela Crisotomo died after an SUV hit her while she was riding her bicycle in front of her house Tuesday. The SUV driver then took off after the auto accident.

Now, Chicago media outlets report Chicago Police are looking for the driver of a gray or silver SUV. Witnesses indicate the driver is a female. A Chicago Police official says Mariela ended up under a parked vehicle after she was struck by the SUV. The Cook County medical examiner's office says the child was taken to Advocate Christ Medical Center in Oak Lawn, Illinois for treatment, but she later died.

Unfortunately, bicycle accidents happen all too often and can be deadly. The website, www.bicyclinginfo.org, reports 630 people died in bicycle/motor vehicle accidents in 2009. That accounted for about two percent of the people who died or were hurt in vehicle accidents that year. And the Centers for Disease Control and Prevention found that kids are particularly in danger. In 2001, children who were 15 years old or younger made up 59% of bicycle - related injuries reported in emergency rooms in the United States.

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We now know the name of the driver who died in a Truck Crash Wednesday in Highland, Illinois. Illinois State Police say the victim was 36-year old Chad True from Irvington. True died when the trash truck he was in collided with a dump truck.

Illinois State Police say the dump truck was stopped and waiting to turn left when True's 2007 Sterling truck did not stop and struck the dump truck from behind. While the dump truck was pushed off the street, True's truck kept going until it went off the road, flipped and then caught fire. He could not get out of the vehicle. His passenger from Centralia, Illinois was ejected from the truck and received serious injuries. The dump truck driver from Belleville, Illinois was also seriously hurt. He was transported to an Illinois hospital for treatment.

If these drivers were on the job when this Vehicle Accident occurred, their injuries might fall under Worker's Compensation. Workers' Compensation or "Work Comp" refers to the field of law that covers injuries a worker suffers while in the course and scope of employment. The Work Comp laws vary by state and are often changing. For example, Illinois lawmakers are currently overhauling the state's Worker's Compensation system. They recently passed Work Comp reform legislation that among other things would apparently save about a half-billion dollars a year for employers, mostly by reducing the payments physicians receive to help hurt workers.

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A woman is recovering after a Car Accident in Robbins, Illinois. The auto collision happened just after midnight Monday near 156th and Kedzie Avenue.

Illinois State Police responded to the vehicle crash. Illinois investigators say the driver, a 21-year old man, had fallen asleep. His car, then, went off the street, hit a tree and struck part of high voltage equipment. While he was not hurt, his 18-year old passenger did suffer injuries. She was taken to Advocate Christ Hospital for treatment for her injuries.

Driving while tired can be a lethal combination for you and your passengers. The website, www.drivers.com, notes research by the National Highway Traffic Safety Administration found that about 100,000 police-reported vehicle accidents each year involve drowsiness or fatigue as a big factor. And those auto collisions amount to about 1,500 deaths and 71,000 injuries.

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