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Schwartz Injury Law


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Recent Blog Posts

My Child Choked on a Toy and Died. Can I Sue the Manufacturer? 

 Posted on March 31, 2022 in Personal Injury

b2ap3_thumbnail_shutterstock_1064488499.jpgWhen parents of young children purchase toys for their child to play with, they put their trust in the toy manufacturer to provide safe, age-appropriate materials for their child’s use. Tragically, many children choke to death on small pieces of toys that have either broken off, are not properly secured, or did not come with adequate choking hazard warnings. Watching your child choke can be a horrible experience, and even when choking is not lethal, it can cause serious personal injuries. If your child has choked on a toy or other defective product, you may wonder if you can hold the toymaker liable.

Common Choking Injuries 

Every year, over 200,000 children are estimated to be treated at emergency rooms for injuries related to toys, and many of these cases are related to choking and suffocation. Children under age three are at a particularly high risk for choking on toys because they tend to put things in their mouths constantly. Very young children also have smaller mouths and airways, allowing objects to get stuck more easily. Common choking injuries from children’s toys include: 

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What Can I Do if My Spouse Was Killed By Wrongly Administered Anesthesia?

 Posted on March 28, 2022 in Medical Malpractice

elmhurst medical malpractice lawyerUsing special medication, general anesthesia puts a patient into an unconscious state and allows them to avoid pain and physical movement. While Illinois anesthesiologists are carefully trained to administer anesthesia and monitor a patient’s heart rate and other vital signs during treatment, even relatively minor surgeries can be dangerous when they involve the use of general anesthesia. Most of the time, general anesthesia is used safely, even for high-risk populations; but when an anesthesiologist acts negligently or carelessly, patients can suffer serious injury and even wrongful death.

Are Certain Patients at Great Risk of Anesthesia Complications? 

Not every injury and death that occurs during the use of general anesthesia can be attributed to medical malpractice. Certain health conditions, habits, and medical histories can place patients at higher risk of adverse events during anesthesia, including: 

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I Was Seriously Hurt By A Chiropractor and Had to Pay for Medical Treatment. Can I Recover Damages? 

 Posted on March 16, 2022 in Personal Injury

joliet medical malpractice lawyerWhile medical doctors like surgeons and anesthesiologists are most commonly associated with medical malpractice lawsuits, any professional engaging in the practice of the “healing arts” may treat patients in a way that is inconsistent with the standard of care. When this poor treatment rises to the level of negligence, it may be considered malpractice whether the medical professional is a midwife, acupuncturist, dietician, or chiropractor.

People generally see a chiropractor to help with neuromusculoskeletal issues, such as back pain, neck pain, or joint pain. Chiropractors often use a technique called “adjustment” or “realignment” in which they use their hands or a special instrument to apply a controlled movement to a patient’s spine. While many patients find chiropractic treatment beneficial, a careless practitioner can cause serious injuries when an adjustment is performed incorrectly. If you have been seriously injured by a chiropractor, you may want to consider a lawsuit with the help of an experienced Illinois personal injury attorney.

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What Can I Do If A Surgeon Left Something In My Body During Surgery? 

 Posted on March 04, 2022 in Medical Malpractice

b2ap3_thumbnail_shutterstock_1805652622.jpgMost people find the prospect of getting major surgery frightening enough even in the best of circumstances. Between the anesthesia, the complexity of the surgery, and the process of recovery, there is good reason to be apprehensive about the risks involved. One odd but particularly dangerous risk is that of an Illinois surgeon who leaves a foreign object inside of a body during surgery. While most surgeons adhere to the standard of care and this does not often happen, when it does, it can have severe and life-threatening implications for the patient. If you have gotten surgery in Illinois and a negligent surgeon has left a surgical tool, sponge, or other items in your body, you may want to take legal action through a medical malpractice lawsuit.

What is a Never Event? 

An item left inside a human body during surgery is often referred to as a “never event.” A never event is a mistake that is completely preventable by following proper care protocol and that, therefore, should never happen. Yet one study found that foreign objects are left inside bodies nearly 40 times a week in the U.S. When objects are left inside the body, they must first be detected - nearly always after a patient complains of severe pain and is subject to repeated testing - and the removal itself requires more surgery, along with its inherent risks. Common patient complaints include: 

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Can I Still Sue for Personal Injury in an Illinois Motorcycle Accident if I Was Not Wearing a Helmet? 

 Posted on February 28, 2022 in Personal Injury

orland park motorcycle accident lawyerAs Illinois weather begins to slowly warm, many motorcyclists are waiting for the day when the streets are safe and dry and the weather is conducive for taking the first ride of the season. While the research on the benefits of using a helmet during motorcycle use is clear, the feeling of the sun on your face and the wind in your hair can tempt even the most experienced riders to leave home without head protection.

Unfortunately, motorcycle accidents are common, perhaps more so in the spring when cars are not used to seeing motorcycles on the road and are not as watchful. Motorcycle riders can be seriously injured and killed in accidents and this is especially true if the rider is not wearing a helmet. If a helmetless rider got into an accident because of the actions of another driver, but was more seriously injured because of the failure to wear a helmet, he or she may wonder whether this will impact their ability to pursue fair compensation for their injuries. While an experienced Illinois personal injury lawyer is the best person to answer questions about your unique case, this blog provides a brief overview of how helmet use may or may not affect your case.

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Can I Sue if I Was Badly Burned at a Restaurant in Illinois? 

 Posted on February 23, 2022 in Personal Injury

chicago burn injury lawyerThe last thing you expect when you visit a restaurant with family or friends is to suffer a serious burn injury. Yet for many Illinois diners, catastrophic burns happen suddenly and have the potential to change their lives for years to come. A waiter may accidentally tip hot coffee or soup into a patron’s lap, hot grease can melt right through to-go bags, or oil from a teppanyaki-style grill can splash out onto a visitor. Whatever the reason, burn injury lawsuits are more common than you might think and victims can often pursue compensation from the responsible party.

What is a Restaurant’s Duty of Care? 

Under Illinois’ Premises Liability Act, restaurants have a responsibility to provide their patrons with a duty of care, including preventing burns through reasonable means. Burns are a legitimate risk in restaurants, and steps must be taken to ensure customers do not suffer painful injuries because of poorly trained staff, uneven floors that cause a slipping hazard around hot grills, or flimsy containers.

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Auto Accidents in Illinois Can Cause Full or Partial Hearing Loss 

 Posted on February 12, 2022 in Car Accidents

elmhurst personal injury lawyerOur ears are complex organs that help us hear and keep our balance. Made up of many parts, the middle and inner ear are especially fragile and susceptible to damage that can impact our hearing and balance permanently. Auto accidents, in particular, are often the cause of major, long-term hearing loss.

The consequences of full or partial hearing loss can catastrophically impact your day-to-day life and make everyday activities like working, exercising, and even walking difficult or impossible. If you have recently been involved in a car, truck, or motorcycle accident in Illinois and you are experiencing ringing ears or hearing loss, meeting with a personal injury attorney may be a good idea.

Ear Trauma is Linked to Air Bag Deployment

When high-intensity sounds suddenly occur, our ears protect themselves by briefly contracting tiny muscles using something called the “stapedius reflex.” This reflex lowers the amount of sound that can access the middle ear, especially against loud noises at lower decibels.

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Is There Anything I Can Do If My Spouse Was Killed in an Illinois Motorcycle Accident? 

 Posted on February 11, 2022 in Personal Injury

joliet wrongful death lawyerEvery year in the United States, around 5,000 lives are tragically lost in motorcycle accidents and around 80,000 more motorcycle drivers are injured. More than ten times as many men die in motorcycle accidents as women, and drivers under age 35 cause are involved in a significant majority of motorcycle accidents.

Regardless of the age or family status of the victim, when a loved one is suddenly lost in a motorcycle accident, it is a shock and tragedy for the ones left behind. When the victim is a parent and breadwinner, the family he or she leaves behind can be left reeling, uncertain of what the future holds. If someone you love has suffered a wrongful death in a motorcycle accident in Illinois because of the negligent actions of another person, you may be able to pursue justice in the form of financial compensation. While a lawsuit can never bring back your loved one, it has the potential to provide much-needed financial security and some stability for the future.

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What Can I Do if My Child was Disfigured By a Dog Attack in Illinois? 

 Posted on January 24, 2022 in Personal Injury

Cook County Animal Attack Injury LawyerDog attacks are frightening for anyone, but for children, they can be particularly scary. Not only are many dogs stronger and bigger than most children, but the effects of a dog attack in a child’s youth can have a life-long impact on their relationship with dogs and other animals.

In addition to the psychological harm of dog attacks, the injuries sustained in dog bites can be extremely painful, require extensive medical treatment, and be serious enough to permanently disfigure a child. If your child has suffered from a disfiguring dog bite injury, you may want to speak with an experienced Illinois dog bite attorney to explore your legal options.

What are the Effects of Dog Bite Scarring? 

Most children acquire scars as a normal part of the rough-and-tumble nature of childhood, but dog bites can leave scars that are disfiguring. Dog bites on a child’s face and neck can leave particularly noticeable scars.  A child with facial scarring is not only constantly reminded of the trauma she experienced but is likely to struggle with social connections and job prospects. In addition to the impact this can have on a child's daily life, studies suggest that individuals with facial disfigurement and other disabilities may face discrimination in hiring practices.

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Early Cancer Detection is Key but Cancer is the Most Misdiagnosed Health Condition

 Posted on January 23, 2022 in Medical Malpractice

b2ap3_thumbnail_shutterstock_626631452-1-min.jpgNew research has found that colorectal cancer, lung cancer, and breast cancer are now the leading three health conditions that are most commonly missed by physicians. This stands to be extremely detrimental for cancer patients. Often, when cancer is not quickly caught it spreads throughout the body. Early detection is still the key to saving lives but unfortunately, 12 million Americans are misdiagnosed every year. These medical errors result in various health complications and in some cases death. If you or a loved one has been misdiagnosed you could have a medical malpractice lawsuit on your hands.

Misdiagnosis Pitfalls

It can be difficult for physicians to diagnose complicated health conditions and we acknowledge that not every missed diagnosis can be considered a medical malpractice claim. However, new research found at least 21 pitfalls when it comes to making the right diagnosis. These are some of the top reasons why a diagnosis can be delayed or incorrectly made:

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