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Category: Injury Cases

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“Who is the best medical malpractice attorney in Chicago?”

Monday, April 30th, 2012

We are lawyers whose goal is to help you find the right lawyer for your unique situation.  We don’t represent you, but rather make a recommendation to an independent law firm that we feel is a good fit for what you are dealing with.

As a result, many visitors to our website will ask something like, “Who is the top Chicago medical malpractice law firm?”  The answer is that there is none.  Instead, you need to find out which firm is best for you.  The law firm that may have been a great fit for your co-worker could be a terrible choice for your case.

This of course is difficult to figure out which is why people come to us.  We have a state wide network of experienced lawyers that have a track record of success.  Who we suggest is based on learning about your claim.  Some items we consider include:

-         What is the underlying injury about?  Some malpractice law firms have a great track record with failure to diagnose cancer claims.  Others have set records on suing over un-treated blood clots.  Still others have amazing relationships with the best doctors to testify on birth injury claims.  This is hugely important to consider.

-         What county is the case in?  There are some law firms that will not file a lawsuit for med mal in a downstate county no matter how bad the negligence was.  This is because the track record of juries favoring doctors in rural areas makes a claim very difficult.  There is no point taking your case to one of these firms.

-         Do they have the funds to finance your case?  On average, a malpractice lawsuit costs $100,000 to get through trial.  While there are a lot of law firms that would like to bring these cases, the reality is that most can’t afford to front the money needed.  So some ask the client to pay and others cut corners.  We never recommend those firms.

-         Does it appear that your case would have to go trial?  That can be hard to tell at the beginning and most cases are fought tooth and nail by the insurance companies.  But if a law firm can’t demonstrate recent trial success then they are not right for you.  If the insurance company knows your lawyer won’t fight the case at trial, they will use that to lower the settlement value.

-         How close to the statute of limitations deadline is your case.  Many firms won’t touch a case that is approaching the time limits because on average it takes six months to investigate whether or not there even is a case.  We know the firms that will work under a tight deadline if need be.

-         Is there anything unique about you?  Some clients prefer female attorneys.  Others want a lawyer that speaks Spanish.  Still others want to hire a  law firm that will make a home visit.  Not every firm has these capabilities.  You are the client and if there is something that will make the case easier for you, you should look for it.

There certainly is no one thing that makes a law firm the best.  It’s always about what is best for you.  When it comes to medical malpractice in Illinois, there really are only around 10-15 law firms that have the track record of success that we believe most cases deserve along with the financial backing to bring a case all the way.  If you want our help in finding one for you, please contact us at any time.

4/30/12

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Feel like you’re being followed?

Friday, April 20th, 2012

If you’re involved in a workers’ compensation case, it might be true. In cases where an injury is disputed or the claim is worth a lot of money (usually because of severe or permanent injury at work), it’s not uncommon for your employer’s insurance company to keep an eye on you.

In a work injury case, you are entitled to benefits such as lost wages and medical coverage, regardless of whether an injury is your fault. The tradeoff is that you can’t sue your employer. One of the first things you do is file a claim with the Illinois Workers’ Compensation Commission. You will not be going up against your employer directly, but rather their insurance company. It’s important to know that you shouldn’t discuss your case with the insurance adjuster, even if they seem really nice and helpful. Their goal is to save the insurance company money by paying you less or denying your claim altogether.

One way the insurance company can deny a claim is by catching you acting uninjured. If your doctor says you can’t lift more than 5 pounds, and you’re out of work because your job requires lifting, you should be careful to follow the doctor’s orders. Don’t carry grocery bags, lift your children or do weights at the gym. The insurance company would love to catch you and then cut off your checks and medical coverage.

Keep this in mind if you are in the middle of a claim for workers’ compensation. It may seem creepy that the insurance company can hire a private investigator to follow you and even take video of you, but it’s not illegal. And don’t assume that because your injury is legitimate that you aren’t at risk of this happening to you. Sure, some people exaggerate their injuries – or flat out lie – and get caught. But we also hear from people who have legitimate injuries and got “caught” anyway. They put their claim at risk because they shoveled snow, for example. People don’t always follow their doctor’s orders, but when it comes to a workers’ compensation claim it’s especially important, not just for your health but for your financial security as well.

4/20/12

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Illinois Wrongful Death Lawyer Advice – Ignore The Emotion

Monday, April 16th, 2012

The worst phone call we can get is from someone who is looking for a referral to an Illinois wrongful death attorney.  In 11 years of having conversations with people, it always rips at my heart to have these phone calls.

But if someone dies as a result of the act or negligence of someone else, this phone call does need to be made.  Illinois has very clear time limits to file a lawsuit in these cases.  With the exception of when the defendant is part of a local or state government, you have two years from the death date at most.  Once that time passes your potential case is barred for life.

If you have a loved one that dies, you need to go through the grieving process and should.  But someone from the family has to be able to put their emotion aside for at least a moment and find an experienced law firm to investigate your possible case.

This is especially true in medical malpractice death cases.  It takes about six months for a lawyer to investigate a case.  I received a call the other day from a woman who had one week to file a lawsuit and told me that she finally was emotionally ready to deal with everything.  While calling one week before the time limits run out is better than calling after they run out, she was basically asking us to find her a law firm that will drop everything on the hopes that there is a case.  It’s not the way to find the best lawyer for you as the best law firms will refuse to ignore their existing clients for a new one that has put them under the time crunch.

Even in a case where someone dies in a car accident or injury on the job, it’s important to have the ability to gather information, interview witnesses and investigate the accident seen before it gets cleaned up.  Years ago there was a big porch collapse in Chicago that resulted in many deaths.  The City of Chicago was about to demolish the porch which would have prevented a proper investigation.  Fortunately one of the families hired a lawyer who was able to get a court order that prevented the demolition from occurring before a structural engineer could check it out.  That move literally made the families millions of dollars that they might not otherwise have received.

I assure you, if you lost a loved one, no one will be more respectful than us in hearing your story.  But if you wait too long, you will lose your right to seek justice and compensation.  And once that time passes, there is nothing that even the best lawyers in the world can do about it.

4/16/12

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Parents sue doctor for lack of genetic counseling

Friday, March 30th, 2012

Wrongful birth cases don’t come up that frequently, partly because they are hard to prove. When they do come up, we often hear about them in the news because they can be controversial. A case out of Australia caught my eye the other day: A couple is suing their fertility doctor over the birth of their son. The IVF procedure went as planned, but what they didn’t count on was their child inheriting a serious health condition from the father. When the child was born, he suffered a severe stroke (allegedly because of the blood clotting condition he inherited) that left him disabled. The parents are suing their doctor for not properly counseling them on the possibility of the father passing on the condition.

In a wrongful birth case, parents seek compensation for the ongoing care of their child, which can be extremely expensive in terms of the accommodations that are necessary. It’s also common that one parent will have to forgo employment in order to stay home and care for the child, even after they become an adult. Wrongful birth lawsuits seek compensation for these types of damages.

The controversial part is that in order to win this type of case, the parents have to argue that if they had known of the disability or risk then they would not have gone through with the pregnancy. They basically have to argue that if the doctor had fulfilled his duty of care and properly informed them, then they would have chosen abortion.

The couple in this case has sued before. They attempted to sue the doctor for wrongful life, which is similar. In a wrongful life case, it’s the child who sues, arguing that they shouldn’t have been born. Illinois and other states in this country do not recognize wrongful life lawsuits. The reason is because the state does not want to make the determination that someone would have been better off had they not been born. I can’t blame them for avoiding that task.

In a wrongful birth case, you also have to prove that the doctor breached the duty of care. In the Australian case, this might be difficult. The doctor did give the couple the phone number to reach a genetics counselor; there is argument over whether this was enough. The doctor also claims that the stroke may not have been caused by the genetic condition. The couple is seeking $10 million.

Cases like this one are important because they can set a precedent for future lawsuits. An Australian court’s ruling probably won’t affect Illinois law, but it’s interesting to see what other jurisdictions do with these tough cases.

3/30/12

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The police report affects a car accident case

Thursday, March 29th, 2012

When a police officer fills out the required traffic accident report form, he or she makes a determination about fault. There are two sides to the form, labeled Unit 1 and Unit 2. Generally, Unit 1 is where the information of the at-fault driver is filled in, with Unit 2 for the driver not at fault or less at fault. Each side contains basic information, such as name, address, driver’s license number, vehicle information, etc. The form also includes a diagram of a vehicle where the officer can identify any damage. If anyone is getting a ticket, it’s usually the driver identified in Unit 1 of the form.

Which unit your information is in matters not only to the police, but to an accident lawyer, as well. If you’re seriously injured in a vehicle accident, the accident report is one of the first things your attorney will ask for. It’s not a final verdict, but it’s important. It’s especially important if there are no other witnesses to the accident (aside from the drivers). If you are listed in Unit 1, it basically tells your attorney that you’ll be facing an uphill battle. If you’re in Unit 2, it’s not necessarily a slam dunk, but it certainly looks more promising.

If you are in a vehicle accident, contacting the police, identifying witnesses, and taking your own pictures are smart steps to take (assuming you are not seriously injured). After the accident, get a copy of the police report and talk to your attorney about other documents you’ll need if you’re considering a lawsuit.

Getting a ticket after a traffic accident doesn’t necessarily mean you don’t have a case. You might get conflicting “advice” from other people involved, such as the police officer or the other driver’s insurance company. Don’t assume they’re right. The best thing you can do for yourself is to talk to an accident attorney who knows what they’re doing. Free consultations are typical, so you’ve got nothing to lose.  Click the contact us button on the left side of this page if you want our help.

3/29/12

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Are You Being Followed?

Friday, March 23rd, 2012

Most people that are paranoid really have nothing to worry about.  I get paranoid every now and then when I hear a creak in our house.  But if you have sustained an injury in a car accident or work injury or if you have a lawsuit for a personal injury, if you think someone is following you, you might not be paranoid.  In fact, you might be right.

Insurance companies that defend these cases are looking for any reason possible to deny your case.  If they can prove that you are not as injured as you say you are or that you are lying, they can save themselves a ton of money.  One way they try to do this is hire private investigators to follow you around and video tape your activities.

If you go to a doctor and tell them your back hurts any time you move, but they catch you on film lifting a couch while you help a friend move, you are toast.  If you say your shoulder is in tremendous pain, but they find you bowling or playing softball, your case will probably blow up.

I used to defend insurance companies in these cases so I can tell you that most of the time they find nothing.  But when they do it makes you look like a liar.  And if you are going to look like a liar on the witness stand then there are real problems.

The best advice you can get is to just be honest.  Be honest with your doctors as far as what pain you have.  Be honest in your activities instead of doing more than you are supposed to do.  In other words, if your doctor gives you restrictions of no lifting more than 20 pounds and avoid bending, if you are doing squats at the gym you aren’t being honest.

Sometimes injured people get caught when they really aren’t doing anything wrong at all.  For example, you might have a knee injury and feel really good one day.  As a result you test your leg by going for a jog.  If they catch this, you will look like a liar although it might be able to be explained away.  The best cure for this is to talk to your doctor before you take chances.  There is nothing wrong with saying that you would like to push yourself a bit.  It makes you look credible and it kills any chance of the surveillance hurting you.

Bottom line is that for many long term injuries, surveillance will happen.  You can protect yourself by doing the right thing.  Just be honest.

3/23/12

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Illinois Medical Malpractice Can Bring Great Change

Tuesday, February 28th, 2012

About 18 months ago, a nice woman came to us looking for help in finding a Chicago medical malpractice attorney.  Her father had died after going through dialysis.  He had a catheter in place that was removed by two inexperienced nurses.  They did it wrong and as a result an air embolism went straight to his brain.  He suffered immediately and died a couple of weeks later when life support was removed.  He wasn’t the healthiest man in the world, but experts estimated that he had at least 10 good years of life left.

This is known as a “can’t happen” type of event.  It was clear cut negligence with awful damages in that he died.  After some discovery and a long mediation, the case was settled for $1.75 million.  The money won’t bring him back, but it will help a woman whose father died after living with her for almost a decade.

But the financial result isn’t the change I’m talking about.  As a result of this incident, the hospital changed its policy about who can remove catheters and how it can be done.  Because of this change, it is likely impossible that this tragic event will ever happen again to another family.  Before this incident, unfortunately there was no policy in place.  A greater good was achieved for future dialysis patients.  This change would likely never have happened without tragedy and a lawsuit.

Sadly, if there were damage caps in Illinois, the total value of this case would be $250,000.00.  That would have made it impossible to bring a lawsuit and also means that the policy change wouldn’t have happened.  Lawyers are in it for the money first and foremost, but they can also bring out justice and change.  Fortunately that was able to happen in this case.  The people that live instead of die because of this lawsuit will never know it.

2/28/12

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