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July 2020: COVID-19 Related Legal Battles Ahead

As the COVID-19 pandemic continues to spread out of control in the United States, more people are speaking up about care facilities that are cutting corners, outright disobeying public health mandates, and putting residents, staff, and their entire communities at risk.

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June 2020: Happy Pride from Deratany & Kosner!

LGBTQIA+ Pride Month is usually a time of loud and plentiful celebrations. It’s looked profoundly different this year as we continue to cope with public health measures necessitated by COVID19 and as communities have spilled into the streets to demand justice and an end to racial inequality. It’s reminiscent of the revolutionary protests at the Stonewall Inn in New York City circa 1969 – the birth of Pride.

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May 2020: National Foster Care Month

In observance of National Foster Care Month, which has been recognized since 1988, Deratany & Kosner has been leading an initiative to provide support to organizations that are procuring supplies for foster youth.

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Outbreak Of Lung Injuries Spotlights Vaping Dangers

By the time the vaping victims were hospitalized, over half needed intensive care and about a third depended on ventilators to breathe. Most of the patients in the study of Illinois and Wisconsin residents in July previously had visited doctors and clinics when they felt sick after vaping, but they were misdiagnosed, according to KHQ.com….

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Are Hospitals Protecting Patients From Candida Auris Infections?

A drug-resistant infection known as Candida auris has been spreading in hospitals and nursing homes since it was first identified four years ago. Medical centers can reduce the risk for patients by following proper infection-control procedures. According to a report in The New York Times, however, some facilities are failing to protect people under their…

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Research Shows Expanding Medicaid Can Reduce Child Neglect

The numbers are frightening. Perhaps most appalling is the 55.7 increase in child abuse and neglect victims in Illinois from 2013 (18,465 victims) to 2017 (28,751). Other heartbreaking statistics: The child maltreatment rate rose from 6.1 per 100,000 in 2013 to 9.9 per 100,000 in 2017. The number of first-time victims rose from 13,394 in…

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Best Ideas to Identify and Prevent Child Abuse and Neglect in Care

Child abuse is horrific. Abusers are monsters targeting the most vulnerable among us, without considering the lifelong trauma caused by their actions. A recent Scottish study found 90 percent of children aged 5 and younger who were taken into government care had suffered significant abuse and neglect. According to the study: Two-thirds had experienced multiple…

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Foster Care Abuse Occurs More Often Than States Claim

Children placed in American foster care homes get sexually assaulted, exposed to drugs, or harmed in other ways more often than states acknowledge, advocates say. The assertion about foster care abuse doesn’t mean that all or even many foster parents are abusive. Most, like all parents, do the best they can to care for children….

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Are Low-Rated Hospitals Dangerous For Patients?

If you’re in need surgery or some kind of medical procedure, you might not have thought to check the hospital’s ratings. But if you end up using a hospital with low grades, you could be putting your life at risk. Researchers found that the risk of dying from mistakes, infections and safety lapses has gotten…

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An Attorney Reveals How Hospitals are Dealing with Superbugs

Superbugs are resilient and are not contained to just one healthcare facility. Stopping the spread of superbugs is a challenge, particularly for senior citizens with compromised health. In Chicago, some nursing homes are combating superbugs the old-fashioned way: with soap. The antimicrobial soap chlorhexidine is being used by doctors and healthcare workers to scrub away…

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What Can Doctors Do To Prevent Hospital-Acquired Infections?

A routine procedure in a hospital can suddenly turn into a potentially deadly ordeal if the patient acquires sepsis, which is the body’s extreme response to an infection. Between one-third and one-half of deaths in U.S. hospitals are linked to sepsis, according to STAT news. After he developed sepsis following hernia surgery, Ken Rothfield –…

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How Emerging Technology Can Help Prevent Surgical Errors

Undergoing surgery can be an overwhelming experience for many patients. The fear that something could go wrong and cause a serious condition to worsen is legitimate. In fact, it’s backed up by staggering data. Research from 2013 estimates that surgical errors involving the wrong site or wrong person happen as much as 50 times per…

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The Risks Associated with Anesthesia Errors: Chicago Attorneys Discuss

Anesthesia allows patients to undergo surgery without feeling pain or even having any recollection of the procedure. But if not administered correctly, anesthesia may either be ineffective or result in adverse health complications. According to Very Well Health, there are four types of anesthesia: General Anesthesia: This is considered the most potent type of anesthesia…

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Can My Medical Records Have Errors? A Chicago Attorney Explains

Your medical records contain a range of important information, from your family history to symptoms you may have reported about a serious condition or disease. It’s critical that the information is accurate. A mistake can have dire consequences. According to the Office of the National Coordinator of Health Information Technology, nearly 10 percent of people who…

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How Serious is a Cancer Misdiagnosis? An Attorney Discusses

It’s devastating to hear the words “you have cancer” from a doctor. But it’s important for the doctor to give a patient the difficult news and promptly begin a course of action. Cancer must be treated quickly to stop the aggressive cells from spreading. Unfortunately, doctors sometimes misdiagnose cancer. Lung cancer can mimic other conditions…

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Emergency Room Errors Linked To Information Processing

If you or a loved one was harmed in an emergency room due to a medical error, there’s a nearly 50 percent chance the mistake stemmed from a healthcare professional’s problem with information processing. A study published in De Gruyter’s Journal Diagnosis examined the role “cognitive errors” play in emergency room errors. The study concluded 45 percent…

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Report Sheds Light On Lax Oversight Of Surgery Centers

An in-depth investigative report raises troubling questions about the risks of using surgery centers in the United States. According to a Kaiser Health News and USA Today Network investigation, surgery centers in more than a dozen states operate with little oversight. Patients and regulators have scant information about incidents that may have occurred in these facilities, including serious injuries…

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An Alarming Trend: Maternal Deaths During Childbirth on the Rise

Statistics are bearing out a disturbing trend: women in the U.S. today are at a greater risk of dying during pregnancy or childbirth than their mothers were, with women of color especially vulnerable. According to a CBS News report, the United States is seeing an uptick in maternal deaths, even as other industrialized nations have…

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Doctor Burnout Leading to More Medical Mistakes

Does your doctor seem tired, cynical and stressed out? If yes, your physician’s burnout could be a danger to patients. If you think doctor burnout is rare, think again. A survey of clinic and hospital physicians across the United States reveals that more than half of U.S. doctors experience burnout, according to Mayo Clinic Proceedings…

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Medical Mistakes Affect 1 Out of 5 People

If you were treated by a medical professional and suffered an injury, you’re not alone. A survey revealed that 21 percent of respondents say they have been victims of a medial error. The independent research institution NORC at the University of Chicago released the findings in a report that also found that 31 percent of…

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Can Admitting a Medical Error Have an Impact on a Medical Malpractice Lawsuit?

Traditionally, healthcare providers have followed a “defend and deny” approach to medical errors. Medical professionals accused of mistakes usually would remain silent out of fear that an apology or admission of error would result in legal fees and an unwinnable medical malpractice lawsuit. But research shows that full disclosure and apologizing for errors do not…

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Pediatrician Group Issues Recommendations to Reduce Medication Errors

All moms and dads know that medical appointments for their children are a big part of their parental duties. Kids need routine checkups. Parents sometimes need to rush a child to an emergency room to treat an injury from an accident or a sudden illness. Whatever the reason for seeing a pediatrician or visiting an…

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Chicago Jury Awards $45 Million In Case Involving Murdered Toddler

CHICAGO (March 28, 2018) – A jury recently ordered a social services agency to pay a record-setting $45 million in damages after determining the agency was negligent in a case involving a murdered boy. The jury award is the largest in Illinois history in a case involving the death of a toddler. Two-year-old Lavandis Hudson…

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$45 Million Verdict Highlights Deadly Negligence In Foster Care

In late March 2018, a Cook County, Illinois jury returned a $45 million recovery in the case of a toddler who died after being negligently returned to his abusive mother’s care. The case, Estate of Lavandis Hudson vs. Lutheran Social Services Inc., centered on gross negligence in the foster care system. If proper procedures had been…

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New Law in Illinois Aims to Reduce Opioid Abuse and Prevent Doctor Shopping

Doctors often prescribe pain killers for people who have been injured or are recovering from surgery. While these medications can be highly effective, they also can pose a threat to patients who might become addicted. A pain-killer addiction can cause a downward spiral and may lead to a practice known as “doctor-shopping.” A person in…

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Surgical Start Time Medical Errors

A new study finds that patients who undergo a neurosurgical procedure between 9 p.m. and 7 a.m. face a higher risk of complications compared to those who get operated on earlier in the day. The findings were published in Neurosurgery, which reported on a study that…

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Who is Responsible for Complications in Robot-Assisted Surgery?

The rapid advance of technology has changed the way we carry out our daily lives. Every aspect of modern life shows impact from recent discoveries and inventions, and one area where this change is strongly evident is in the field of medicine. In 2000, the FDA approved the use of…

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Serious Nursing Home Abuse Goes Unreported

A recent government alert sheds light on an alarming problem in nursing homes: many serious cases of nursing home abuse go unreported. Investigators who looked at records from 2015 to 2016 found 134 cases of abuse that involved physical and sexual assault of nursing home residents….

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Is Illinois addressing child abuse in foster care or adoptive homes?

It’s a hidden epidemic in Chicago and throughout Illinois: child abuse and neglect. The number of children reported as abused or neglected in Illinois has steadily increased in recent years, according to data compiled by the Illinois Department of Children & Family Services. In fiscal year…

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Maternal Death and Medical Malpractice in Illinois

In the not-so-distant past, the experience of childbirth was greatly feared. The maternal death rate was extraordinarily high. Today, advances in science and medicine have improved the odds, but they haven’t eliminated the risk of serious injury or even deal. Medical malpractice attorneys in Chicago know that while there are certain anticipated complications such as dehydration,…

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Blizzard-Related Car Accident Case Settled For Over $2 Million

A car accident case involving a major blizzard, nine defendants and a legal battle over jurisdiction was resolved earlier this month for a total of $2,145,000. “It took a lot of work to find out what happened in this accident and what we could do,” said attorney Michael Kosner of Deratany & Kosner in Chicago….

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Lawsuit: Medical Malpractice Led to Veteran’s Suicide

A medical malpractice and wrongful death suit filed in federal court last month claims that negligence by the staff at a Chicago VA hospital led to the suicide of an Iraq War veteran. The suit alleges that physicians at Captain James A. Lovell Federal Health Care Center knew or should have known that Sgt. Daniel…

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Spotlight on Sexual Abuse in Nursing Homes Spurs Promises of Action

A recent investigation by CNN revealed heart wrenching details of just how pervasive sexually-motivated nursing home abuse is. Reporters discovered more than 1,000 nursing homes had been cited for mishandling cases of suspected sexual abuse and rape of patients by nursing assistants. That figure likely vastly under-represents the actual number, given that so many cases…

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Tort Reform Efforts May Affect Chicago, IL Injury Claims

Personal injury and wrongful death lawyers provide daily assistance to those who have suffered losses due to the negligence or wrongdoing of others. Victims must navigate the civil justice system, filing claims called “torts” to get compensation for harm they endured. Victims are supposed to be “made whole” within this system. The courts aim to ensure victims…

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Nursing Home Arbitration Clauses Face Numerous Legal Challenges

The majority of nursing homes have been slyly inserting arbitration agreements into admissions paperwork. An arbitration clause restricts the rights of a resident, or resident’s family, from filing a lawsuit if a dispute arises, including disputes stemming from poor care and cases of abuse or neglect resulting in serious injury or wrongful death. It removes the civil…

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Consequences of Foster Care Abuse and Neglect

Children who are put into the foster care system typically come from difficult home lives. They may have endured abuse or neglect by their parents in their home. Many children suffer from behavioral disorders, post traumatic stress disorder, or other mental or physical issues as a result of the treatment that they received at home. They…

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Foster Care Agency To Pay Millions for Placing Child With Abusers

Foster care agencies are supposed to protect children and make sure that kids in the foster care system have a safe home. Unfortunately, foster care abuse is common. Sometimes, this abuse can happen because the agencies placing children don’t do their jobs and ensure caregivers have a child’s best interests at heart. Just recently, for…

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Common Birth Injuries as a Result of Hospital Negligence in Chicago

So many things can go wrong during the birth of a child. Because of the risks involved in labor and delivery, those involved in monitoring mom and baby must be consummate professionals who understand their jobs well and who are able to provide the appropriate level of care. The facility where the birth is taking place…

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Who is Responsible for Foster Care Abuse?

Foster care abuse is far too common and has been a major issue for a long time. In 2003, Frontline prepared a comprehensive report called Failure to Protect detailing some of the egregious lapses within the foster care industry. The executive director of Children’s Rights, Inc. told Frontline that foster children cannot be considered safe…

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Misdiagnosis rate 15 to 28 percent, recent study reports

According to a recent survey by the National Coalition on Heath Care and Best Doctors, INC, the rate of misdiagnoses is anywhere from 15 percent to 28 percent. Researchers set out to determine the reasons for this high rate and what steps, if any, could be taken to reduce it. They surveyed 400 physicians, medical…

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Nursing Home Abuse and Negligence More Likely When Patients Don’t Get Visitors

As many as 60 percent of senior citizens who live in a nursing home environment do not receive outside visitors. Review Journal reported on this troubling statistic recently. When seniors do not receive regular visitors from outside, those seniors are much more likely to become depressed. The psychological results of having no visitors are troubling, as lonely…

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$10.7 Million Awarded in Toddler Death Lawsuit

A jury awarded $10.7 million last night to the estate of an 18-month-old who was scalded to death by a water heater manufactured by American Water Heater Company. On February 24, 2010, the toddler, Mikayla King, was scalded by dangerously hot water that flowed into the bathtub where she was being bathed, causing second degree…

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Disturbing Medical Errors Can Put Chicago Patients at Risk

Most people expect doctors to provide reasonable care and avoid egregious mistakes which can be detrimental to a patient’s health. Unfortunately, sometimes doctors do things which are so clearly negligent and below the professional standard of care that there is no question they have harmed the patient. In cases like this, a legal doctrine called res…

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Healthcare System Complexity is a Top Cause of Medical Error

The United States is undergoing a “medical error crisis,” and it is not doing enough to fix it. After recent news reports revealed that more than 250,000 deaths occur annually due to medical error, an editorial in U.S. News and World Report commented that “the lack of a response from political leaders, the heads of major hospitals, insurance…

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Medical Error Now the Third Biggest Killer in the U.S.

The risk of death because of medical malpractice has long been a primary concern for patients throughout the United States. Unfortunately, new research shows that worries about medical mistakes are not unfounded. As RT reports, medical error is now the third leading cause of death within the United States. Only cancer and heart disease cause…

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Birth Injuries in Babies

When a child experiences a birth injury, parents are faced with many issues to tackle. Filled with confusion and grief, it is hard to know what to do when your child experiences a serious injury during birth. There are several types of common birth injuries that parents should be aware of. Head and Brain Injury The…

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May is Foster Care Awareness Month

Each May, people from all walks of life come together to help children and young adults in the foster care system. Even though the goal of foster programs is to provide and care for kids all year long, having this one month provides an opportunity for the nation to focus its attention on a purpose…

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Has My Doctor Been Sued For Medical Malpractice?

In a 2010 report by the American Medical Association (AMA), more than 60 percent of doctors over the age of 55 have been sued at least once. This may seem shocking, but it is not. Most physicians will be sued for malpractice at some point in their career, whether or not the cases are dismissed…

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Chicago Car Accidents Caused by Careless Truck Drivers

Car accidents can occur whenever a motorist makes an unsafe choice, such as driving while fatigued. Truck accidents are some of the most dangerous types of motor vehicle collisions on the road. Unfortunately, Safety BLR recently reported a survey of truck drivers in which professional drivers indicated conditions in their workplace were routinely causing them to…

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Chicago Bike Lanes: On the Right Path?

Chicago has a reputation of being one of the best biking cities in America. With its designated bike lanes, over 200 miles of on- street, buffered and shared lanes, why would there be any major accidents? Surprisingly, there are more bike injuries than we may realize. According to the City of Chicago, between 2005 and…

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Erin Andrews’ Win a Wake-Up Call for Hotels

If you haven’t heard already, Erin Andrews has been battling a civil suit against her peeping tom, 51-year-old Michael David Barrett, who video taped her nude inside of a hotel room back in 2008. It was a big win for both Andrews but also for those that have faced any sort of sexual assault. When…

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3 Reasons Why You Need a Technology Upgrade

Just about everyone is up to date with their iPhones, tablets and cellular watches. Even though you think you are using the most tech savvy equipment out there, are you forgetting about the importance of the little things? Here are some tips to make sure that your business is firing on all cylinders. Do You…

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Medical Errors in the Field of Cardiology

Cardiologists have important responsibilities as they are entrusted with the treatment of conditions of the heart and blood vessels. Cardiologists are trained professionals who are held to a high standard because of their advanced education and skill within their field. Unfortunately, sometimes cardiologists can still make errors. When a cardiologist makes a mistake, the consequences…

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Top 7 Reasons Doctors are Sued for Medical Malpractice

Medical malpractice in Chicago can occur in any situation where a doctor failed to fulfill a professional obligation and the physician’s substandard care caused harm to a patient. Patients need to be aware of some of the different types of errors and mistakes which can occur and be considered malpractice. It is not just overt…

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When are Chicago Patients at the Greatest Risk of Medical Malpractice?

Medical malpractice in Chicago can happen any time. However, there are certain types of medical care situations where mistakes are more likely to be made, and there are certain settings where errors are more likely to harm patients. Understanding which doctors are sued most for medical malpractice and in which settings can help patients to…

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Insurer Faces Punitive Damages for Bad Faith in Medical Malpractice Claims

When medical negligence occurs or physicians make mistakes, doctors have medical malpractice insurance to pay for losses to victims. These insurers should negotiate in good faith when their policyholders cause harm. Unfortunately, too often insurers refuse to provide a reasonable settlement offer to people who have suffered serious losses. Insurers may deny responsibility for claims that…

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EPA to Audit Safety of Michigan Drinking Water

In the wake of recent high lead findings and alterations of water lead reports in Flint, Michigan, the Environmental Protection Agency will be stepping to conduct reviews. Apparently the person in charge of taking water samples around Flint was instructed to take off the high lead level reports, though the state denies any wrongdoing. During…

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New Study Shows Janitors and Dog Walkers Paid More Than Child Care Workers

According to a new report recently released by the Economic Policy Institute, those who care for children in daycare centers, nannies and in other facilities earn almost 40 percent less. Unfortunately, while women have made some strides in pay equality, especially in higher paying professional jobs, child care workers are 95.6 percent female, the median…

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What Will it Take to End the Vicious Police Brutality Overlooked?

The City of Detroit has paid out over $1 million for four lawsuits related to one officer, Bill “Robocop” Melendez in 2003. On January 28, 2015, Melendez was charged with three felonies for choking and punching an elderly black grandfather sixteen times, after attempting to “plant” cocaine on the man. Melendez was finally convicted of…

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Salvadoran Refugee Mother Suffers Severe Injury from Electronic Monitor Placed on Her by Immigration Customs Enforcement

Maria Isabel Corpeno Argueta broke an ankle bone on Oct. 4 and needed emergency surgery because she was forced to wear an electronic monitor device, like thousands of undocumented refugees from Central America. The U.S. federal government, through Immigration and Customs Enforcement (ICE), keeps tabs on refugees by using electronic monitoring devices. In recent months,…

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Diagnostic Errors Occur Daily, Harming Chicago Patients

A correct diagnosis is critical, because patients in Chicago hospitals can receive proper treatment only when their conditions are diagnosed properly. Troubling new reports, however, suggest that diagnostic errors are happening every day. US News reported a groundbreaking new report released by the Institute of Medicine, describing the frequency of diagnostic errors and the consequences…

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Gun Control and Freedom

Some gun owners continue to insist that the government wants to take away their guns, when that is not what mindful lawmakers propose. Gun regulation and background checks are a far cry from “taking away our guns.” It’s like a provocative cry that someone (likely the NRA or gun manufacturers?) started to get the public…

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Evaluating Surgeon Error Rates to Assess Risk of Medical Malpractice

This summer, ProPublica published a scorecard comparing how 17,000 surgeons throughout the United States performed on common procedures. US News called the scorecard “the first purely objective public report card of health care quality at the physician level.” While the report was controversial, potentially unfair to some surgeons, and highly contested by some experts, it can…

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Civil and Criminal Liability for Medical Negligence in Chicago

In July, a 50-year-old doctor was sentenced to 45 years, which means he will likely die in prison. The prosecutor was asking for a sentence of 175 years because the doctor intentionally misdiagnosed patients and performed unnecessary medical procedures simply to make money. The physician, Dr. Farid Fata, appeared to be crying as his sentence was…

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New Technology Could Prevent Chicago Drunk Driving Deaths

Within the next five years, new technologies could go a long way toward reducing the risk of drunk driving collisions. The National Highway Traffic Safety Administration (NHTSA) and the Automotive Coalition for Traffic Safety (ACTs) have collaborated on a program called Driver Alcohol Detection System for Safety (DADSS). Since 2008, DADSS research has been focused…

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Avoiding Chicago Injuries During the Deadliest Month of the Year

Many people believe winter is the more dangerous time of the year because of the possibility of accidents caused by snowy weather and because of the risks of severe storms. The reality, however, is the month in which the highest number of deaths due to preventable injuries occurs is the month of July. An experienced…

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Car Seats May Not Keep Chicago Kids Safe in T-Bone Crashes

The use of car seats and appropriate restraints for children has a significant positive impact on saving young lives. New York Times reports 3,308 children involved in collisions in 2009 when they were under four years old are alive today because the children were in child safety seats. An experienced T-Bone accident lawyer knows child…

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GHSA Offers Tips for Making Chicago Roads Safer for Pedestrians

Pedestrians face high risk of involvement in motor vehicle collisions because too many roads are designed primarily for the use of vehicles, without taking pedestrian interests into account. An experienced pedestrian accident lawyer supports efforts being made to develop better pedestrian infrastructure. The Governors’ Highway Safety Association (GHSA) has provided insight for municipalities and city…

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Fault in Chicago Rear-End Accidents

An experienced personal injury lawyer knows complicated questions can arise in cases where multiple vehicles are involved in an accident in Evanston, Wilmette and Highland Park. Chain reaction rear-end collisions are common. Two cars may collide because a lead vehicle stops suddenly and the rear vehicle is too close behind; or two cars may collide…

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Chicago Child Injuries Can Occur When Kids Left in Hot Cars

As summer arrives and the temperature climbs in Chicago, Evanston, Wilmette and Highland Park, there are new injury risks to consider. This year, the National Highway Traffic Safety Administration is issuing important reminders to caregivers of young children about the dangers of children being left inside hot vehicles. An experienced personal injury lawyer knows that…

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An Ignition Interlock Device in All Chicago Cars Could Save Lives

In Chicago, Evanston, Wilmette and Highland Park, motorists are at risk of becoming involved in a drunk driving accident. Mothers Agains Drunk Driving (MADD) reports that around 10,000 people are killed each year in accidents caused by drunk drivers. Prevention of these accidents is essential. A personal injury lawyer knows that public education and law…

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National Campaign Targeting Drowsy Drivers Underway

In Chicago, Evanston, Wilmette and Highland Park, motorists are at risk of becoming involved in a drunk driving accident. Mothers Agains Drunk Driving (MADD) reports that around 10,000 people are killed each year in accidents caused by drunk drivers. Prevention of these accidents is essential. A personal injury lawyer knows that public education and law…

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