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Can I Bring a Medical Malpractice Claim Against My Chiropractor?Chiropractic medicine primarily concerns the diagnosis and treatment of disorders involving the musculoskeletal system. Chiropractors may use a variety of techniques including manual manipulation of the spine and soft tissues to relieve pain, restore mobility, and promote wellness. This particular field of medicine is often the subject of controversy and debate. Some people swear by the relief chiropractic treatment gives them while others believe the practice to be little more than pseudoscience. If you or a loved one were injured by a chiropractor, you may wonder whether or not you have a valid medical malpractice claim.

Injuries That May Be Caused by Negligent Chiropractic Care

Chiropractic treatment often involves the chiropractor using his or her hands or instruments to apply force to joints and muscle tissue. These treatments, called “adjustments,” are typically intended to relieve back pain and stiffness, neck pain, headaches, and other physical ailments. However, some patients find that chiropractic care actually worsens their conditions or creates new health problems. In fact, one study suggested 30 to 61 percent of all chiropractic patients experience some type of adverse effects from the treatment. Chiropractic adjustment may cause problems including but not limited to:

  • Vertebral artery dissection that can lead to a stroke
  • Herniated disc or worsening of an existing herniated disc
  • Compression of the nerves in the lower spine (cauda equina syndrome)

When is a Chiropractor Liable for a Patient’s Injury?

Although they are not medical doctors, chiropractors still have a legal obligation to provide competent medical treatment to patients. Most medical malpractice claims are based upon professional negligence. A chiropractor may be considered negligent if he or she:

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Nursing Home Neglect May Lead to Recurrent BedsoresResidents in a nursing home may have physical and mental disabilities that make them dependent on nursing home staff for help with daily living tasks like showering, eating, and taking medication. Some residents may also have significantly reduced mobility. They may be unable to get in and out of bed on their own or need help changing positions in their bed or wheelchair. Staying in one position for too long puts pressure on the skin and can cause painful bedsores. If a resident is experiencing frequent bedsores or bedsores that are not properly addressed, this may be a sign that he or she is suffering from nursing home neglect.

Causes and Treatment of Bedsores

Bedridden or immobile nursing home residents are very susceptible to bedsores. Also called pressure ulcers or decubitus ulcers, bedsores are caused by unrelenting pressure that cuts off circulation to the skin. Bedsores can be very painful and may lead to serious infections or even sepsis. Nursing home staff must periodically reposition residents so that a body area does not receive long periods of pressure. If a bedsore does develop, staff should ensure that the wound is kept clean and protected by gauze or other appropriate dressings. The staff should carefully monitor the resident for signs that the bedsore is worsening or has become infected. In some cases, the wound may require debridement, skin grafts, or other major medical intervention.

The Illinois Nursing Home Care Act

The Illinois Nursing Home Care Act (NHCA) protects the rights of individuals living in nursing homes. The act asserts that nursing home residents have all of the rights that any other individual would have under state and federal law. It also gives residents the right to be free from physical and chemical restraints except under very specific circumstances, the right to manage their own financial affairs, the right to privacy, and many other rights. Most importantly, nursing home residents have the right to be free from neglect and abuse. The NHCA states that an owner and licensee are liable for any negligent or intentional act or failure to act that injures a resident. When nursing home staff fail to provide reasonable care to residents and the resident is injured or killed as a result, the nursing home may be legally responsible for the harm caused. The injured resident or his or her family may be entitled to damages. They may receive compensation for medical expenses caused by the injury, pain and suffering, and more.

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Erb’s Palsy Is Sometimes the Result of Medical NegligenceThe birth of a child is a joyous occasion, but for some parents, this joy is tarnished by a birth injury. Injuries to a baby during pregnancy, labor, or delivery may result in serious health concerns for both the mother and the child. In some cases, birth injuries cause a child to suffer from health concerns for the rest of his or her life. Erb’s Palsy is a condition that most often results from injury to a baby’s brachial plexus nerves during birth. A baby suffering from Erb’s Palsy may experience weakness, loss of feeling, and partial or total paralysis of the arm. He or she may need several surgeries and years of physical therapy to reduce the harm caused by the injury.

Causes of Erb’s Palsy

The brachial plexus is a network of nerves that allows movement of the arms, shoulders, and hands. Damage to these nerves can be caused by any type of trauma, however, most brachial plexus injuries are the result of injury during birth. Often, this nerve damage occurs as a result of attempts to move the baby through the birth canal. A condition called shoulder dystocia can occur if the baby’s shoulder becomes lodged on the mother’s pelvic bone during delivery. This is a very dangerous condition because it may deprive the baby of oxygen and cause brain damage or death. Consequently, doctors must work quickly to fix the condition and allow the baby to exit the birth canal. Some brachial plexus injuries occur when a doctor uses force to pull the baby through the birth canal and the baby’s neck is stretched to the point of injury. Other times, the use of vacuum extraction or forceps during birth causes an infant to suffer from a brachial plexus injury.

Receiving Compensation for Your Damages

Erb’s Palsy is often preventable. If a doctor acts negligently during an infant’s birth and this negligence causes the child to suffer from Erb’s Palsy, the doctor or the medical facility at which the child was born may be liable for the injury. Medical negligence typically involves the doctor deviating from the accepted medical standard of care. This standard of care refers to the proficiency of care that would be reasonably expected of someone with comparable medical training and experience in a similar situation.  

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Can I Collect Compensation Even If I Was Partially Responsible for a Truck Accident?Imagine the following scenario: A man is driving down the freeway traveling about 10 miles per hour over the speed limit. Suddenly, a large metal container falls off of a flatbed truck and onto the road in front of him. He slams on the brakes but still ends up colliding with the container. His car is totaled and he suffers a head injury and two broken bones in the truck accident. He wants to recover compensation for his damages but assumes that he cannot bring a successful injury claim because he was speeding at the time of the accident. However, according to Illinois’ modified comparative negligence law, he may still be entitled to compensation.

Modified Comparative Negligence in an Auto Accident Case

Rarely are injury lawsuits black and white, and determining who is at fault for a truck accident is almost never straightforward. It is possible that several different factors led to your accident, including your own actions. In the previous example, it could be argued that the driver’s speeding exacerbated the damages caused in the accident. Perhaps if the driver was driving the speed limit, his injuries and the damage to his car would not have been as severe.

Fortunately, in Illinois, you are still permitted to bring an injury claim against a negligent party as long as you are not more than 50 percent responsible for the accident. If your contributory fault, meaning your portion of the blame, is found to be 50 percent or less of the proximate cause of your injuries, you may still recover compensation. However, the amount of compensation you recover will be reduced in proportion to your portion of fault. 

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How Can I Get Compensation For Medical Bills Caused by a Dog Bite?There are more than 76 million dogs living in homes across the United States. While the majority of these animals will never harm a human, dog attacks do happen. Dog bites can cause considerable damage, both physically and mentally. A person who is bitten by a dog may suffer deep puncture wounds and lacerations, torn ligaments, broken bones, and more. Because of the high level of bacteria in dogs’ mouths, these wounds may also become infected. Medical bills can quickly add up after a dog bite, but a personal injury lawsuit may help a dog bite victim recover compensation for these and other expenses.

When Is an Owner Responsible for a Dog Attack?

If you or a loved one have been bitten by a dog, you may wonder whether or not the owner is legally responsible for the damage caused by the attack. According to Illinois law, a dog owner is liable for bite-related injuries if the injured person was in a public place or lawfully on private property when the bite occurred and the dog was not provoked. If you were bitten while you were walking on a public sidewalk, for example, the owner would most likely be considered liable for the injury. However, if you were bitten while taking a shortcut through someone else’s backyard and you did not have permission to be on the property, the dog owner would likely avoid liability.

Illinois Is a Strict Liability State

In some states, a dog owner is not responsible for injuries caused by a dog attack if the owner had no reason to believe that the dog was aggressive. However, Illinois follows “strict liability” when it comes to injuries caused by a dog. This means that even if a dog has never bitten someone before, the owner may still be liable. The theory of strict liability applies to injuries caused by a dog bite as well as non-bite injuries. For example, if you were knocked to the pavement by a dog and suffered a concussion, the owner may still be legally responsible. You may be entitled to damages including but not limited to:

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How Do Helmets Influence Personal Injury Lawsuits Involving a Motorcycle Accident?For motorcycle enthusiasts, nothing compares to the feeling of the first motorcycle ride of spring. Illinois winters can be especially dreary, so many motorcyclists are eager to get back on the road as soon as warmer weather arrives. Unfortunately, motorcycle accidents are not uncommon, and many result in serious injuries or death. Experts estimate that motorcyclists are about 27 times more likely to die in a traffic accident than motorists driving a car. A person who is hurt in a motorcycle accident may be left with substantial expenses that are not covered by health insurance. If another party’s negligence led to the accident, it is very possible that the injured person will be entitled to compensation. If negligence led to a motorcyclist’s death, his or her surviving family may also be entitled to compensation.

What If I Was Not Wearing a Helmet?

Wearing a helmet while riding a motorcycle is similar to wearing a seatbelt in a car. Everyone knows that these precautions help prevent injuries in the event of an accident, but they may not always remember to take these precautions. Motorcyclists hurt in an accident often wonder if they can still collect compensation for an accident even if they were not wearing a helmet. While helmets are not required by Illinois law, failure to wear a helmet can impact Illinois personal injury claims involving motorcycle accidents.

It is important for motorcyclists to know that they can pursue compensation via an injury claim even if they were not wearing a helmet at the time of their accident. Illinois personal injury claims are subject to “modified comparative negligence.” This means that an injured party can still bring an injury lawsuit even if he or she partially contributed to his or her own injuries. As long as the injured party is not found to be more than 50 percent responsible for his or her injuries and property damage, he or she may still be eligible for partial compensation. If the injured party is found to be partially responsible for his or her injuries, the compensation he or she receives may be reduced according to his or her percentage of fault. For example, if a motorcyclist was not wearing a helmet when he or she was struck by a drunk driver, it could be argued that his or her head injuries would have been reduced if he or she was wearing a helmet. However, the drunk driver still holds the majority of fault for the accident. If the motorcyclist was found to be 25 percent at-fault for his or her injuries, the compensation he or she receives is reduced by 25 percent.

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Truck Accidents Involving Drug Use Often Lead to LawsuitsFew would argue that being a long-range truck driver is a challenging job both mentally and physically. Spending hours and hours on the road can be lonely and tedious. Additionally, truck drivers often have very erratic sleep schedules. These issues can lead some truck drivers to use drugs or alcohol to cope. When a truck driver is impaired by drugs and causes a traffic accident, it is likely that the driver or the company that the driver works for will be held legally responsible for the damages caused. However, proving that a truck driver’s drug use led to an accident is often challenging. If you or a loved one were hurt in a truck accident and you suspect drug use played a role in the crash, contact an experienced personal injury attorney for help.

Drivers May Consume Stimulants to Stay Awake

Because fatigued truck drivers who are too sleepy to drive safely pose a major threat to other motorists and themselves, federal law regulates how many consecutive hours drivers can be on the road. The Federal Motor Carrier Safety Administration requires truck drivers to stop for rest periods after a certain amount of time driving. For example, if a driver has been off duty for 10 hours, he or she is limited to a maximum of 11 hours driving. If the time off duty was only eight hours, the driver is limited to 10 hours of driving. Unfortunately, these rules do not totally prevent truck drivers from becoming dangerously fatigued. Drivers may consume stimulants like cocaine or amphetamines in an attempt to stay awake and alert. Unfortunately, these drugs do more harm than good and can lead drivers to make critical driving errors.

Marijuana Use Among Truck Drivers

In one survey published in Occupational and Environmental Medicine, approximately 20 percent of truck drivers admitted to using marijuana behind the wheel. Although many states have legalized the use of marijuana for medical or recreational purposes, it is still explicitly against the law to drive under the influence of marijuana. Employers often use random drug testing as a means of deterring drivers from consuming marijuana or other mind-altering substances, but this is not always enough to prevent drug use behind the wheel. Marijuana can cause reduced reaction time, disorientation, sleepiness, and other physical and psychological effects that make safe driving nearly impossible.

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What Causes a Baby To Suffer From Hypoxia?The birth of a new child should be one of the happiest moments of a person’s life. Sadly, many babies suffer from birth injuries that cause serious, often permanent problems. One issue that can happen during birth is hypoxia, which is inadequate oxygen. When a baby does not receive enough oxygen to his or her brain, there can be debilitating brain damage that causes severe impairment. In some cases, hypoxia-related injuries are a result of medical malpractice. If you have reason to believe that medical negligence played a role in your child’s birth injury, contact an experienced attorney to learn about your legal options.

Factors That May Increase the Risk of Neonatal Hypoxia

The human brain needs a steady flow of oxygen in order to function properly. When an infant’s brain does not receive enough oxygen before, during, or after delivery, the brain can become severely damaged. Doctors and nurses should be aware of the risk factors for hypoxia and the warning signs that a baby may be suffering from hypoxia so that swift corrective action can be taken to prevent brain damage. Some of the most common risk factors for hypoxia include:

  • Prolonged or traumatic delivery
  • Umbilical cord injuries
  • Congenital heart disease
  • Placental insufficiency and placental abruption
  • Excessive hemorrhaging during pregnancy or delivery
  • Shoulder dystocia
  • Infection

Even if an infant is deprived of oxygen, brain damage and other permanent effects may be avoided through medical treatments such as hypo-or-hyperthermia management, cooling therapy, fluid management, and ventilation. If hypoxia progresses into brain injury, the infant may develop cerebral palsy, hypoxic-ischemic encephalopathy, cognitive impairment, and other serious disorders.

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Can I Collect Compensation After a Truck Accident Caused by Defective Equipment?Truck accidents can cause catastrophic damage to both property and human life. In 2017, almost 5,000 trucks and buses were involved in fatal auto accidents in the U.S. Truck accident liability could fall to a number of different parties. Some truck accidents are caused by truck drivers themselves. The driver may have been driving under the influence of alcohol or drugs, driving while extremely fatigued or have been violating traffic laws. However, truck accident liability does not always fall to the driver. The trucking company, the company responsible for truck maintenance, or another party may be responsible for a serious truck accident. In some cases, a truck accident is caused by faulty equipment or auto parts. If malfunctioning equipment was the root of the accident, the company that manufactured, designed, or distributed the equipment may be liable for damages caused by the accident.

Defective Truck Parts May Be Responsible for Your Accident

In 2014, General Motors issued massive recalls after it was revealed that faulty ignition switches could cause some vehicles’ engines to suddenly shut off without warning. More than 124 deaths and hundreds of injuries were linked to the defective ignition switches. General Motors was eventually forced to pay approximately $870 million in personal injury and wrongful death claims.

Defective auto parts like the faulty ignition switches are more common than many people think. Problems with the truck’s tires, braking system, hydraulics, steering mechanism, or another defect can cause the truck to dangerously malfunction. Defective securing equipment such as faulty tie-downs, chains, clamps, latches, D-rings, or other equipment used to secure cargo can also cause catastrophic truck accidents. Falling cargo can strike another vehicle or fall onto the road and create a deadly obstacle. Cargo that is not properly secured can shift inside of a trailer and cause the truck to become dangerously unbalanced or even tip over. Proving that a truck accident was the result of defective truck equipment is often challenging and will require help from an experienced truck accident lawyer.

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Who Can File a Wrongful Death Lawsuit In Illinois?Wrongful death is defined as a death that occurred due to the negligent or wrongful actions of another party. Wrongful death lawsuits may follow a death caused by a drunk driver accident, workplace accident, construction accident, assault, medical malpractice, and more. Through a wrongful death claim, a surviving loved one may receive compensation for the expenses and losses incurred by the death. This may include compensation for medical bills, funeral and burial expenses, mental anguish, and the loss of companionship. If you have recently lost a loved one, you may wonder who is entitled to bring a wrongful death claim in Illinois.

Determining Whether a Successful Wrongful Death Claim Is Possible

Not every unexpected death qualifies as wrongful death. The Illinois Wrongful Death Act states that a party may be liable to an action for damages if:

  • The death of a person was caused by the party’s neglect, wrongful act, or default; and
  • If the person had not died, he or she would have been entitled to recover damages for his or her injuries

Most wrongful death claims involve a party who was negligent. A successful wrongful death claim based on negligence is possible when the responsible party has a duty of care, the party breached that duty, an individual dies as a result of the breach of duty, and damages are incurred.

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Suing a Negligent Childcare Facility For Injuries to a ChildIf you are a parent, you know just how difficult it can be to leave your child in someone else’s care. Whether you are dropping your child off at school, a babysitter’s house, or a daycare facility, you may worry about the level of supervision and care your child is receiving. While many childcare organizations provide safe, loving environments for children, some childcare staff do not take their responsibilities seriously. Children can be seriously injured or even killed due to unsafe conditions and lack of supervision. If your child has been hurt while at daycare, you may be eligible for compensation through a personal injury lawsuit.

When Is a Childcare Facility Liable for Child Injuries?

Children who are playing often trip, fall down, bump their heads, or sustain other minor injuries. Some injuries are not preventable, but daycares should be organized so that there is as little risk of injury as possible. This includes installing child-proof locks on cupboards, keeping hazardous material such as cleaning agents out of children’s reach, and ensuring that small children are not left alone. The building itself should also be properly maintained so that issues like loose floorboards, wobbly handrails, broken playground equipment, or other hazards do not present a danger to children. Lastly, the facility should ensure that the staff hired to care for children are properly trained, do not have a history of violence or abuse, and can fulfill their jobs properly. If a childcare facility’s failure to maintain a safe environment for children leads to a child’s injuries, it is possible that the facility will be considered liable.  

Damages in a Child Injury Case

Negligent childcare workers can result in children being seriously hurt. Some children have even passed away due to negligent daycare facilities. If a facility is found to be liable for a child’s injuries, the facility may be required to pay damages. These may include medical expenses such as hospital bills and the costs of the child’s ongoing medical care as well as the child’s pain and suffering, disability, or disfigurement. It is often difficult to prove that a child’s injuries were caused by negligent staff. A lawyer experienced in premises liability cases involving childcare injuries can help you find evidence, witnesses, and other information that may prove the facility’s fault.

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Seeking Compensation for a Wrongful Death Caused by a Distracted Truck DriverBy now, most people have heard about the dangers of distracted driving. Unfortunately, despite dozens of public awareness campaigns and increased consequences for distracted drivers, cell phone use and other forms of distracted driving continue to be a major problem. The Centers for Disease Control and Prevention estimates that accidents caused by distracted driving take the lives of nine people every day in the U.S. If you have lost a loved one in a car crash involving a distracted truck driver, you may be eligible for compensation.

Fatal Traffic Accidents Caused by Truck Driver Negligence

Motorists of all kinds should keep their eyes and attention on the road while driving, but for drivers of semi-trucks and tractor-trailers, careful attention to the road is even more crucial. A fully-loaded 18-wheeler can weigh up to 80,000 lbs and takes 40 percent longer to stop than a medium-sized car. Truck drivers taking their eyes off of the road for even just a few seconds can cause devastating accidents. In January of this year, two adults and a one-year-old child were killed on I-65 when a semi-truck collided with a line of slowing vehicles. The truck driver told police that at the time of the accident, he was looking down to put his coffee cup away. Another fatal truck accident that occurred last April involved a truck driver who was allegedly watching pornography on his cell phone at the time of the crash. The parents of an 18-year-old boy killed in the accident have filed a lawsuit against the company that owned the truck.

Wrongful Deaths Lawsuits

There is no amount of compensation that could ever fully make up for the tragic loss of a loved one. However, a wrongful death claim may help families receive financial compensation that lessens the financial burden caused by loss. A personal representative of the deceased person may bring a wrongful death claim against a party when that party’s negligence, recklessness, or intentional wrongdoing caused the person’s death. Compensation for the deceased person’s medical expenses, pain and suffering, lost income, and funeral and burial expenses may be available. In cases involving especially egregious conduct, the court may also award punitive damages, which is additional compensation intended to punish the wrongdoer.

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When is a Doctor or Hospital Legally Responsible for a Child Developing Cerebral Palsy?Cerebral palsy is a disorder caused by the atypical development of a child’s brain often stemming from brain injury or infection. Children with cerebral palsy typically experience loss of muscle control, reduced muscle tone, impaired movement, lack of balance and coordination, involuntary movements, eye problems, and other serious symptoms. Research into the many causes of cerebral palsy is still ongoing, but in some cases, cerebral palsy is a direct result of a doctor or other medical professional’s negligence during the child’s birth. If your child has cerebral palsy, you may question whether or not medical malpractice played a role in your child’s development of this disorder.

Understanding the Medical Standard of Care

There are typically four elements needed to establish medical malpractice. Firstly, the doctor must have owned the patient a duty of care. This means that a doctor-patient relationship existed so the doctor had a duty to provide medical care to the patient. Secondly, the doctor deviated from the “medical standard of care.” The standard of care refers to the level of care that a competent doctor of similar experience and training would have provided under similar circumstances. Thirdly, the doctor’s failure to meet the medical standard of care caused the patient’s injury. Lastly, the injury led to damages such as additional medical expenses or pain and suffering.

Examples of Medical Malpractice That Can Cause Cerebral Palsy

There are countless things that can go wrong during a pregnancy or birth. This is why doctors must receive such a great deal of education and training before becoming a certified physician. If a doctor or other medical professional did not appropriately treat a medical condition during pregnancy or birth, he or she may be liable for the harm done to a child. In some situations, the liable party is the hospital as a whole. Examples of medical malpractice that often lead to the development of cerebral palsy include but are not limited to:

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Common Mistakes Made After an Auto AccidentUnderstandably, many people are in a state of shock after being hurt in a serious traffic accident. They may not realize that the actions they take immediately after being in an auto accident can mean the difference between receiving full compensation for the expenses incurred by their injuries and being saddled with burdensome medical bills and other costs related to the accident. If you or a loved one are ever involved in an accident, make sure to avoid these common mistakes.

  1. Not Calling the Police: There are many reasons that a person involved in a car wreck may not call law enforcement to the scene of an accident. Perhaps the driver has had a negative interaction with a police officer in the past or does not realize how much a formal police report will benefit him or her if he or she ends up filing a personal injury claim. In some situations, a driver does not call the police because another driver involved in the accident suggests or outright demands that the police remain uninvolved. Do not let another driver convince you not to call law enforcement. Even if you do not plan on filing a claim, calling the police and getting a police report after an accident is essential.
  2. Underestimating Your Injuries: There are many injuries such as whiplash and traumatic brain injuries that are not immediately evident. You should always get checked out by a medical professional after a major auto accident – even if you think your injuries are only minor. If you do end up being more injured than you realized, receiving compensation for medical expenses or lost income caused by the injuries can be nearly impossible without an official record of these injuries.
  3. Not Gathering Evidence and Witnesses Information: After an accident, get the names and contact information of witnesses. These witnesses can be extremely helpful if you need other people to corroborate your version of the events in the future. Take pictures and videos of the accident scene, damage to your car, damage to the other car, and the position of the vehicles.
  4. Assuming You Cannot Receive Compensation if You Were Partially At Fault: Imagine this scenario: A man is driving down the highway when he is struck by another vehicle. He sustained major injuries in the accident, incurred massive hospital bills, and is left unable to work. However, he does not pursue compensation for these damages because he was speeding at the time of the accident and assumes that he cannot win a personal injury claim. This is a common misconception about personal injury claims. Under Illinois comparative negligence law, a plaintiff may still receive partial compensation for an injury as long as he or she was less than 51 percent at fault.

Contact a Joliet Car Accident Attorney

After an auto accident, you should always call the police, get evaluated by a medical professional, and gather evidence and witness information. If you or a loved one were hurt in a car accident and you want to learn more about your options for receiving compensation, contact an Illinois personal injury lawyer from Schwartz Injury Law. Call our office at 815-723-7300 to schedule your free, confidential consultation.

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Posted on in Personal Injury

What Qualifies as a Wrongful Death?The unexpected loss of a loved one can be an absolutely heartbreaking event to endure. In addition to the emotional anguish surviving loved ones feel, there are often significant financial consequences caused by an unexpected death. For example, a mother whose husband passes away does not only lose her spouse, but she also loses his income and possibly benefits such as healthcare coverage for their children. No amount of money could ever fully compensate a grieving family for the death of a loved one. However, through a wrongful death lawsuit, some surviving loved ones are able to receive the financial relief they desperately need. If you have recently lost a loved one, you may be unsure as to whether or not this death constitutes a “wrongful death.” Read on to learn about Illinois laws regarding wrongful death and how you may be able to pursue compensation through a wrongful death claim.

Illinois Law Regarding Wrongful Deaths

The Illinois Wrongful Death Act states that wrongful death occurs when:

  • The death was caused by a wrongful act, neglect, or default, and
  • If the deceased person had not died, he or she would have been entitled to maintain an action and collect damages

Consider an example in which a woman is killed in an accident caused by a driver under the influence of alcohol. In Illinois, most drunk drivers who cause serious accidents are considered “negligent per se.” This means that they are automatically presumed to have been negligent because they were breaking the law and harmed someone in the process. If the woman had survived the accident and suffered injuries instead of death, she would have had a legal right to pursue compensation through a personal injury lawsuit. However, because the woman passed away in the accident, a personal representative of her estate may bring a wrongful death claim.

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Falsified Log Books May Cause Truck Accidents by Sleepy DriversNo one would argue whether being a truck driver is a very tough job. Truck drivers are expected to drive for hours and hours each day and must meet strict delivery deadlines. This can often cause drivers to skip out on necessary sleep in order to meet these expectations. Sleep deprivation can significantly decrease a truck driver’s ability to safely maneuver through traffic. Many fatal truck accidents have been caused by truck drivers who fell asleep at the wheel or were too fatigued to react in time to prevent an accident. If you have been injured in a traffic accident caused by a fatigued truck driver, you may be eligible for compensation.

Laws Dictating Truck Drivers’ Sleep Schedules

In order to prevent accidents caused by sleepy truck drivers, a number of laws have been enacted that require drivers to take rest breaks. For example, according to the Federal Motor Carrier Safety Administration, truck drivers may drive for a maximum of 11 hours after being off duty for 10 consecutive hours. If they were off duty for only eight consecutive hours, then they are permitted to drive for a maximum of 10 hours. Truck drivers must keep a logbook that identifies the hours that they have been on the road and when they have stopped to rest. Unfortunately, some truck drivers falsify these records in order to get their driving assignments completed sooner. An experienced lawyer can analyze the truck driver’s logbook, receipts, delivery logs, and other information to find inconsistencies that show that the driver was lying.

Who Is At Fault for an Accident Caused by a Sleepy Truck Driver?

Determining fault in a truck accident is not always straightforward. Legal liability for a truck accident may fall to the truck driver himself or herself or the trucking company. If the accident was caused by a defective truck part or inadequate truck maintenance, the company responsible for maintaining the truck or the truck part manufacturer may be to blame. In many cases, there may be more than one problem that contributed to the accident. For example, the truck driver himself or herself may have been sleepy and did not react fast enough, but the accident was also worsened because the truck’s braking mechanism was flawed in some way.

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When is a Doctor or Medical Facility Liable for an Infant’s Death?The birth of a child should be one of the greatest days of a person’s life. However, when something goes wrong during the birth and the infant passes away, it can become the worst day of the parents’ lives. Losing a child under any circumstances is heartbreaking, but when that death could have been prevented, the heartbreak is even more excruciating. If medical negligence contributed to the death of an infant, the parents may bring a medical malpractice claim against the medical staff or the facility itself.

Who Is at Fault for the Death?

Sadly, sometimes a baby dies during or shortly after birth and there is nothing that could have been done to save him or her. Not every infant death is the result of medical negligence or wrongdoing. Medical negligence occurs when a doctor or other medical professional does not fulfill his or her “duty of care.” Medical staff members have a legal obligation to provide competent medical attention that meets the “medical standard of care.” This standard of care is defined as the level of care that a reasonably skilled medical professional of similar education and training would have provided in similar circumstances. For example, consider a scenario in which an infant passes away because the delivering doctor failed to address the fact that the umbilical cord was wrapped around the baby’s neck. If a reasonably competent doctor of similar training would have noticed the problem with the umbilical cord and taken different steps to save the infant’s life, this may mean medical negligence has occurred.

Collecting Damages in a Medical Malpractice Case Involving Wrongful Death

If medical negligence leads to the death of a baby, a wrongful death lawsuit may help the parents receive compensation. The parents may be able to receive compensation for:

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Drug and Alcohol Use Contribute to Many Serious Truck AccidentsThere is no doubt that the trucking industry is a vital part of our American way of life. Just under 70 percent of all goods in the U.S are delivered via semi-trucks. However, these trucks also present a grave danger when they are not operated properly. A fully-loaded semi-truck, tractor-trailer, or eighteen-wheeler can weigh up to a staggering 80,000 lbs. When a large truck is involved in a motor vehicle accident, the damage can be catastrophic. One contributor to major truck accidents is truck driver drug and alcohol use. If you or a loved one were involved in a major truck accident and the truck driver was under the influence of alcohol or drugs, you may be eligible for compensation.

Study Shows Alcohol and Drug Use is High Among Truck Drivers

A study published in “Occupational and Environmental Medicine” analyzed the level of drug and alcohol use among truck drivers across the globe. Half of the truck drivers who participated in the study admitted to using alcohol while on the road, and 30 percent admitted to using amphetamines to stay awake on long hauls. The study also analyzed data gathered from drug and alcohol tests. The U.S. had the highest frequency of positive alcohol tests among all of the truck drivers tested. Approximately 12.5 percent of U.S. truck drivers who were tested for alcohol tested positive.

When Drug and Alcohol Use Causes an Accident

Drugs and alcohol have a significant impact on a truck driver’s ability to drive safely. Alcohol use decreases coordination, reaction time, and concentration – the very skills needed to maneuver through traffic. If you have been injured or a loved one was killed in an accident caused by an intoxicated driver, you may have a valid personal injury or wrongful death claim. Through a personal injury claim, you may be able to hold the negligent party accountable for the damage he or she has done. Furthermore, you may be able to receive compensation for both economic and noneconomic damages. You could be reimbursed for your medical bills, ongoing costs for physical therapy and rehabilitative medicine, lost wages due to time off of work, pain and suffering, and more.

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Common Birth Injuries That Can Be Caused by Medical NegligenceGiving birth to a child is one of the most miraculous experiences that a person can have. Sadly, some births do not go as planned. Research shows that about seven out of every 1000 births results in a birth injury. Some of these birth injuries are unavoidable. Others, however, are the result of negligence or wrongdoing by a doctor, nurse, or another medical professional. When medical malpractice causes an infant to be seriously injured, the results can be devastating.

Babies With Certain Risk Factors Are Most Likely to Be Injured During Birth

Infants are more likely to be injured during birth when medical devices such as a vacuum extractor or forceps are used. Some of these injuries are only superficial cuts and bruises but others, such as intracranial hemorrhages, can cause serious, long-term damage. Babies are also more likely to suffer injury if they:

  • Are born prematurely
  • Are very large
  • Have a breech presentation
  • Experience excessive traction or rotation during delivery

However, birth injuries can still occur even when no risk factors are present.

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What Signs Can Help Detect Elder Abuse?Elder abuse can be classified as the negligent or intentional actions performed by a caregiver or trusted individual that results in pain and suffering for an elderly person. Several forms of elder abuse exist, including but not limited to neglect, physical and sexual abuse, and exploitation. Although elder abuse may be difficult to detect, there are numerous signs that can help determine if a crime is taking place. If you believe that a friend or family member is being victimized by a caretaker, it is important to seek legal help.  

How Can Neglect Be Identified?

Simply put, the neglect of an elderly person happens when adequate care and attention is not given by the attendant. Lack of medical treatment, an improper diet, and unsafe living conditions all qualify as different forms of neglect. Additionally, there are various signs that point to this form of abuse taking place, such as:

  • Lack of basic hygiene
  • Weight loss or trouble sleeping
  • Not being dressed appropriately for the weather conditions       
  • Missing medical aids (walkers, hearing aids, glasses, etc.)
  • Extended periods of time in bed without supervision, resulting in bedsores
  • Lack of living necessities (refrigerator, plumbing, electricity, etc.)

Signs of Physical or Sexual Abuse

In many cases, elderly people that are being physically or sexually abused can show changes in their appearance, mood, or overall body language and condition. Depending on the form of abuse and what body parts are being affected, different markings could help detect physical or sexual misconduct. Coinciding with any unexplained injuries, the discovery of a sexually transmitted disease (STD), an inappropriate relationship with a caregiver, torn clothing, or any aggressive actions could also be a warning that these types of abuse are transpiring.  

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