Recent Blog Posts
Can a Brachial Plexus Birth Injury Be Due to Medical Malpractice?
When a child is born with a brachial plexus injury, it is natural to wonder if medical errors or negligence contributed to the injury. Such injuries can happen when a baby’s shoulders are large relative to the size of the mother. When the baby gets wedged in the birth canal during the delivery process, the baby’s brachial plexus nerves can stretch or tear.
Types of Brachial Plexus Nerve Injuries
The brachial plexus is a network of nerves that control shoulder, arm, and hand movement. There are essentially four types of nerve injuries:
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A stretching of a nerve, akin to a mild muscle strain, which usually heals on its own within a few months.
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A stretching of a nerve that not only damages the nerve fibers but results in the development of scar tissue that presses on other nerves. This can result in permanent loss of some or all function in the affected arm.
Truck Accident Injuries Caused by a Hazardous Cargo Spill
When you think of someone being injured in a semi-truck accident, you probably think of the truck colliding with a car or motorcycle. However, not all trucking accidents and injuries involve vehicle-to-vehicle collisions. Trucks can also seriously injure people as a result of improperly loaded cargo that spills onto a roadway.
Toxic Chemical Exposure from Truck Accident
In April 2019 in a northern suburb of Chicago, a farm tractor pulling two 1,000-gallon tanks of fertilizer leaked significant amounts of anhydrous ammonia into the air. The tanker leak created a suffocating cloud of ammonia gas that looked like fog. Anyone who drove through it instantly felt their lungs burning. Exposure to the toxic gas sent about 40 people to the hospital, seven of whom required treatment in the intensive care unit. Injuries included chemical burns to the lungs, which could leave permanent damage, as well as vision and speech impairments.
Meconium Aspiration Can Damage Baby’s Lungs, Hearing, Brain
If your baby suffered a birth injury as a result of medical errors in treating meconium aspiration, you may want to seek malpractice compensation in order to provide proper lifetime care for your child.
What Is Meconium Aspiration Syndrome (MAS)?
In the womb, a baby does not use its lungs to breathe in oxygen. It cannot, since the baby is surrounded by amniotic fluid in the uterus. Instead, a baby receives oxygen through the umbilical cord. However, a baby in the womb will take “practice breaths” that harmlessly draw clean amniotic fluid into its lungs.
Meconium refers to a baby’s feces that may be excreted just before or during birth into the amniotic fluid. If the baby inhales, or aspirates, meconium, it can become trapped in the baby’s airways and impede breathing when the baby is born.
When Can I Sue for Damages in a Motorcycle Accident?
Motorcycle accidents generally result in more severe injuries than car accidents. If you have been seriously injured in a motorcycle accident, you may be facing a significant loss of income and expenses not covered by health insurance. Your ability to obtain compensation for those losses will depend on who was at fault for the accident. If you can point to another driver on the road whose careless, reckless, or negligent behavior led to your crash and injuries, you could file a claim for compensation against that driver and their insurance company. If a member of your immediate family was killed in a tragic crash, you could obtain compensation for your loss by filing a wrongful death claim.
Impact of Helmet Wearing on Motorcycle Accident Claims
Illinois does not have a law requiring motorcyclists to wear helmets. However, it is common knowledge that wearing a helmet reduces your risk of head injuries. Therefore, if you are not wearing a helmet at the time of an accident, this can be held against you in a lawsuit for damages.
Illinois Car Accident Statistics: Fatalities Keep Rising
In the latest statistics released April 2019, the Illinois Department of Transportation reported that the statewide number of auto accident fatalities rose 8 percent for the second year in a row, while miles driven rose less than 2 percent. The nationwide rise in fatal crashes has been linked to higher highway speed limits, and this is somewhat borne out by Illinois statistics. Controlled-access, interstate-type highways saw a 16% jump in fatalities from 2015 to 2016, while state routes saw a 32% leap.
However, the rise in fatalities was offset by a significant reduction in A-injury accidents, defined as an incapacitating injury such as severe cuts, broken bones, head injuries, and internal injuries. While the total number of fatalities rose from 998 to 1,078, an increase of 8 percent, the total number of A-injuries dropped from 10,078 to 9.060, a decline of 10 percent.
In Cook County alone, there were 255 fatal accidents and 3,170 A-injury accidents. Will County saw 42 fatal crashes and 427 A-injury crashes in 2016.
Bad Tires Can Make You the At-Fault Driver in a Car Accident
If a tire blowout or loss of traction due to bald tires causes you to lose control of your car, leading to a car accident with injuries, will you be found at fault and liable for the injuries to others? Or, does this situation qualify as one of those “acts of God” for which you cannot be held responsible? The answer depends largely on whether negligence on your part contributed to the collision. In order to be found at fault for injuries to others, you must have been negligent or careless in some way.
However, some type of negligence on your part does not necessarily mean you will be found 100 percent at fault for a collision. There is always the possibility that the other driver was partially or primarily at fault, perhaps because they disobeyed a traffic signal or committed some other traffic violation.
Here are a few examples to illustrate when a tire failure might result in your being judged at fault or not at fault for a collision.
Can Illinois Parents File a Wrongful Death Claim for a Stillborn Child?
When a baby dies after at least 20 weeks of pregnancy but prior to birth, this is termed a stillbirth. Problems with the placenta or umbilical cord are two of the most common causes of stillbirth, and both of these problems can often be diagnosed via prenatal ultrasound tests. If your doctor failed to identify and provide appropriate treatment for a condition that led to your child being stillborn, you could have grounds for a medical malpractice lawsuit for infant wrongful death.
Illinois Law on Wrongful Death of an Unborn Child
Some states strictly limit the amount of damages that can be claimed by parents for the wrongful death of a child, essentially allowing recovery only for funeral expenses. Some states do not allow parents to make a wrongful death claim at all for an unborn child. In Illinois, however, the law states that parents can claim compensation for grief, sorrow, and mental suffering in addition to actual expenses. Illinois law also holds that “the state of gestation or development of a human being” does not prevent parents from pursuing a claim for
How to Prove Whiplash (Neck Injury) from a Car Crash
Whiplash is a common car crash injury that not only causes severe pain in the days immediately following a crash but can also cause disorders that persist for years. If you suffered whiplash in a rear-end collision, you may be able to claim compensation for your injuries from the at-fault driver’s auto insurance company. However, because this type of soft-tissue injury is rarely visible on X-rays, MRIs, or CT scans, you can expect the auto insurance company to argue the reality and severity of your injury. You may need the help of an experienced car accident injury lawyer to prove the full extent of your injuries and demand all due compensation. If your damages exceed the other driver’s liability coverage, your attorney may also recommend suing that driver personally.
Allow Time to Evaluate the Full Extent of Injuries
While it is important to file an insurance claim immediately after any car accident, you should not rush to settle a claim involving a whiplash injury. It may take months for the full effects of a whiplash injury to become evident. You may need expensive surgeries and other therapies to relieve your pain and address other symptoms. You could be unable to work, care for your family, and generally enjoy life for months or years. You deserve compensation for all of your losses, both financial and emotional, that stem from a car crash caused by another driver’s negligence or carelessness.
What to Do If You Have Been Hurt in a Semi-Truck Accident
If you have been seriously injured in a collision with a commercial truck or semi-trailer, proving that the crash was primarily the truck’s fault will be crucial to obtain compensation for your injuries. Three things you can do to improve your chances of winning your case are: document, watch what you say, and consult an experienced truck accident lawyer.
1. Document As Much As You Can About a Truck Accident
The quality of witness testimony about an accident can play a crucial role in the determination of fault and the amount of compensation that will be paid. The more you can document about the accident and its aftermath, the better. Start a journal or computer file, and write down everything you remember, feel, and do. Also, take pictures of your injuries, your vehicle, the crash site, any medications or medical devices (e.g., casts or braces) prescribed, and anything else that could later serve as evidence.
Can I Sue an Anesthesiologist for Medical Malpractice During Surgery?
Surgery with anesthesia always poses some risks to the patient. Many patients choose to proceed with a surgery even after being informed of the risk that the surgery might not have the desired results, because the consequences of not having the surgery are equally dire. Injuries and deaths can happen even when the surgical team does everything right according to current medical standards and best practices. Thus, not every injury resulting from a surgical procedure can be claimed as medical malpractice. However, if you or a loved one have suffered a significant personal injury or wrongful death with substantial financial damages as the result of medical incompetence or negligence during a surgery with anesthesia, you may have grounds for a medical malpractice lawsuit.