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Recent Blog Posts
In Vitro Fertilization Mistake Leads to Lawsuit
When couples cannot conceive a child traditionally, they often turn to in vitro fertilization (IVF). Through this process, an egg and sperm are combined in the laboratory and then the resulting embryo is implanted in the woman’s uterus. This option can be a wonderful solution for many couples. However, the IVF process does not always go according to plan. One couple who turned to IVF was recently horrified to learn that a mix up led to their embryo being implanted in another woman and that they were carrying children from another couple. The couple says they plan to sue the fertility clinic who made the grievous medical error.
Embryo’s from Three Couples Were Implanted in the Wrong Women
When a couple chooses to use IVF to have a baby, they are likely to have many concerns. Will the procedure result in a viable embryo? Will the pregnancy go smoothly? Will the child be healthy? Most couples, however, would not even dream that medical negligence could lead to something as outrageous as what several IVF couples are now facing.
Common Causes of Surgical Errors
The medical advances our society has achieved in the last few decades have allowed people to overcome injuries and illnesses that would have certainly been fatal in the past. Many of these advancements involve invasive surgical procedures. Getting surgery almost always involves certain risks, but some of these risks are avoidable and completely unacceptable. When an avoidable surgical error is made during an operation, the results can be catastrophic. Surgeons, doctors, nurses, and other medical professionals can be held legally responsible when these types of medical mistakes result in the death or injury of a patient.
Understanding When a Medical Professional Has Committed Medical Negligence
Sometimes problems and complications occur during surgery due to no fault of the medical staff conducting the operation. Just because a surgical procedure fails to produce the desired result does not mean medical negligence has occurred. Generally, medical negligence is defined as when substandard medical care leads to some type of harm to the patient.
U.S. Consumer Product Safety Commission Recalls Thousands of Fireworks Due to Safety Concerns
The Fourth of July is one of America’s favorite holidays. The day is most often celebrated with backyard cookouts, children swimming in swimming pools, and of course, fireworks. While watching fireworks light up the sky can be a delightful experience for children and adults alike, fireworks can also present serious risks. The U.S. Consumer Product Safety Commission (CPSC) reports that last year’s Independence Day celebrations resulted in approximately 9,100 fireworks-related injuries which required emergency room treatment. Sadly, the USCPC also reports that five individuals lost their lives due to fireworks incidents in 2018. There are several ways you and your loved ones can enjoy an injury-free Independence Day celebration this year, including making sure that the fireworks you plan to enjoy are safe and free of any defects.
Fireworks Which Have Been Recalled Should Not Be Ignited or Kept
Wrongful Death Lawsuits Can Result from Nursing Home Neglect and Abuse
More and more Americans are requiring the long-term intensive care that a nursing home, assisted living, or rehabilitation facility offers. Unfortunately, many of these facilities are struggling to keep up with the influx of residents. Thousands of nursing homes across the country are understaffed or are staffed by employees who are not adequately trained. Sometimes these inadequacies lead to nursing home resident neglect and abuse. In extreme cases, these instances of neglect and abuse can be deadly.
Nursing Homes Have a Duty of Care
In personal injury law, the phrase “duty of care” refers to a responsibility that a party has to another party. Nursing home facilities and staff have an obligation to provide residents with a reasonable level of care which includes protecting residents from harm and maintaining a safe environment in the facility. When a nursing home fails to uphold this duty of care, the facility and/or staff may be legally accountable for injuries or deaths that result from this negligence.
Who is Responsible for Accidents Caused by Broken Playground Equipment?
Summer can be a wonderful time for adults and children alike to enjoy a break from school and spend more outside. The last thing a family enjoying a public park or playground needs to worry about is whether or not the equipment the children are playing on is safe. While most playground injuries are only small bruises and cuts, sadly, much more serious injuries and even deaths have occurred due to playground accidents. If your child has been hurt or has passed away because of a playground accident, you may have a valid personal injury or wrongful death claim.
Top Causes of Playground Accidents
Of course, sometimes playground accidents occur and are not caused by carelessness on anyone’s part, the accident is just bad luck. However, many serious or fatal playground accidents are caused by negligence. Improperly constructed or installed playground equipment can have pieces which are broken, unsecured, or are otherwise unsafe. Equipment which is not properly maintained can rust away and break, exposing children to hazards which can seriously injure them. Sometimes, a playground injury is caused by inadequate supervision of children.
Motorcycle Accidents and Contributory Negligence
Summer is just around the corner and throughout the greater Chicago area, motorcycle enthusiasts are excited to get on the road. Riding a motorcycle can be an efficient and enjoyable means of transportation, but it is not without its risks. Motorcyclist deaths happen 28 times more often than fatal traffic accidents involving other vehicles. As with many personal injury claims, some motorcycle accidents are completely the fault of another driver, and other times, the blame must be shared. Fortunately, Illinois liability laws allow an individual to seek compensation for damages caused by an accident even if he or she was partially responsible.
Contributory Negligence Laws
The term “contributory negligence” refers to a situation in which a claimant (person bringing the negligence or personal injury claim) in some way contributes to the injury-causing accident. The exact definition of contributory negligence depends on state law.
Target Recalls Phone Chargers After Reports of Spontaneous Ignition
When a product is thought to be unsafe or numerous reports are made regarding injuries sustained from a product, that product is sometimes recalled. Individuals who own recalled products are encouraged to immediately stop using the product and return it to the store they bought it from. According to Consumer Reports, an astounding 34 million products were recalled last year alone. Recalled products can include anything from faulty automobile parts to unsafe children’s’ toys. Individuals who are injured by a defective or malfunctioning product may choose to seek compensation for their injuries through a product liability claim.
Some Target Brand iPhone Chargers May Pose a Risk to Users
Electronic products like appliances, computers, smartphones, and electrical cords can be especially dangerous when they are defective. In 2016, consumers were horrified to learn of reports that Samsung Galaxy Note 7 cell phones were bursting into flames. Samsung recalled an astounding 1 million phones after learning about the dangerous risk of ignition. They provided consumers with refunds and exchanges, but it was not enough to fully solve the problem. Consumers reported that the replacement phones also caught fire, so Samsung had to recall those as well. We now know that the spontaneous ignition problem was caused by a design failure in the original Samsung Galaxy Note 7 and a manufacturing defect in the replacement phones.
Theme Park Accidents That Could Lead to a Personal Injury Lawsuit
For some, the thought of riding a huge rollercoaster at a theme park is exhilarating. Others avoid amusement park rides entirely. One reason people may hesitate before getting on an amusement park attraction is because they have seen footage of deadly amusement park accidents on the news. While major injuries and deaths at amusement parks are rare, these types of accidents can happen. Most theme park injuries are not related to malfunctioning rides but instead are caused by more mundane issues like uneven walkways and spilled liquids. When an amusement park is not adequately maintained and this negligence leads to a guest’s injury or death, the park and its ownership can be held liable.
Amusement Park Attractions Must Be Inspected
In Illinois, the Carnival and Amusement Rides Safety Act requires theme park attractions to be inspected before they are opened to the public and to be re-inspected annually. Every year, operators must obtain a permit from the Illinois Department of Labor that serves as proof of the inspection. If a ride or another theme park attraction is operated without a permit or inspection, the operator may face criminal charges. If someone is injured on a ride which was not properly inspected, this could give rise to a negligence claim and, in fact, a presumption of negligence on the part of the park operator.
What Kinds of Damages Are Available in a Brain Injury Case?
Head injuries are tricky. Sometimes a person falls and bumps their head and all they are left with is a small bruise or mild headache. However, sometimes life-threatening brain injuries can be caused by just a simple accident. Slipping on a wet floor can cause someone to fall backwards and hit the back of their head which causes a brain bleed. A fall from an electric scooter onto concrete could also cause a serious brain injury.
Brain injuries can happen for almost any reason. When these injuries are caused by negligence, the injured person or his or her loved ones may be able to receive compensation for their damages.
When Are Damages Awarded?
If an injury-causing accident was the result of another party’s reckless or negligent behavior, the injured person may consider filing a personal injury lawsuit. In order to bring a successful civil suit, the injured person and his or her attorney will need to prove several things. Firstly, they must show that the negligent party had a duty to the person harmed and that this duty was not upheld. For example, anyone driving a motor vehicle has a duty to obey traffic laws. A drunk driver who causes an accident is not fulfilling this duty. Next, they must prove that the negligent party’s action was the cause of the harm. Lastly, they must prove that the victim suffered calculable damages.
Emergency Room Errors Often Lead to Medical Malpractice Claims
Shockingly, studies show that medical errors are now considered the third leading cause of death in the United States. It is estimated that between 250,000 and 440,000 people in the U.S. lose their lives every year because of medical mistakes. One place where medical errors often occur is the emergency room. If you have ever had to visit an emergency room, you probably already know that they can be chaotic environments. People go to an emergency room for a variety of ailments, some life-threatening and some not. If you or a loved one suffered because of a mistake an ER doctor or technician made, you may have grounds for a successful personal injury claim.
Mistakes Made in the Emergency Room Can Be Deadly
Emergency room errors are appallingly common. In fact, some sources report that about 5-10% of all ER visits involve mistakes. Because there are approximately 100 million ER visits in the United States each year, this means 5-10 million emergency room errors are committed every year. Of course, not every mistake is life-threatening or even harmful, but many of these mistakes have the ability to kill a patient. Emergency room doctors and nurses cannot always immediately know what is wrong with a patient or how to treat him or her. However, when emergency room mistakes are egregious or caused by medical negligence, the mistake may become an issue of medical malpractice.
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