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Injury Law Blog

Can you pick your own workers' compensation doctor in Illinois?

The rules surrounding your benefits and entitlements following a workplace injury can vary drastically from state to state. In particular, workers in one state may enjoy more freedom to choose their own medical providers than those living elsewhere.

It's a mixed bag in Illinois. Here's what you need to know:

Why can nursing home abuse and neglect be so hard to spot?

When your loved one is in a nursing home, changes in their behavior or a sudden decline in their health can make you nervous. Maybe you see some unusual bruises on their arms or face, or maybe you're concerned that they seem withdrawn and depressed. The administration at the nursing home or the shift nurse assures that everything is fine and dismisses everything you're concerned about as a normal part of aging.

You're not so sure. Frankly, it can be hard to spot the signs of nursing home abuse or neglect before they become severe for a lot of reasons. Chief among them:

  • Many nursing home residents suffer from chronic health issues -- not just "old age." If your loved one's health is fragile, problems with their care can easily be attributed to medical issues.
  • Your loved one may lack the capacity to relay coherent information about their care. If your loved one suffers from dementia or something similar, they may simply not be able to speak up about any mistreatment. If they do, they may not do so clearly enough that you understand what they are trying to say.
  • Victims of abuse can be too afraid to report what's happening. Your loved one relies on the nursing home's staff for 100% of their care. They may be terrified that, should they report the abuse, that they're going to be thrown out on the street or treated even worse the moment that you're gone.

How to research your surgeon

There's no such thing as "minor" surgery. All surgery has the potential for complications, and surgical errors are the second-most common reason for medical malpractice claims, accounting for roughly 25% of the cases that end up being brought against medical professionals as a whole.

If you're about to have surgery for any reason, it's smart to look into your surgeon's background -- before you let them operate. You cannot trust hospitals and medical practices to police themselves and get rid of bad surgeons because they don't want to open themselves up to liability by publicly admitting that a doctor is incompetent.

Could you have a claim for loss of consortium?

If your spouse had the misfortune to be injured in a car accident as a result of another driver's negligence, it might be possible for you to file your own separate claim for damages due to the loss of consortium.

Loss of consortium claims center around a loss of love, services and sexual relations and are typically filed by the spouse of the injured victim. But there can be circumstances where these claims can originate between parents and children or from the injured spouse.

When doctors amputate the wrong limb

Coming to terms with having an arm or leg amputated is incredibly difficult. Your entire world is irretrievably altered and will never again be the same.

But undergoing an amputation of the wrong limb due to a medical error is just beyond the pale. The problem is compounded by the fact that the unhealthy limb that remains still requires amputation, which leaves you utterly dependent on others for your most basic care.

Fetal monitoring is imperative during labor and delivery

A woman who's in labor at a hospital or birth center will likely undergo some sort of monitoring to ensure that she and the baby are both faring well during the process. Some midwives will also perform monitoring during labor in a home birth. There are many things that the attending medical professionals must watch for when they're monitoring the mother and baby.

There are a few key points that must be checked when during the monitoring process. The reaction of the baby's heart rate to the mother's contractions is one of the most important. If the heart rate dips too much and can't recover, an emergency delivery, such as a Cesarean section, is necessary.

Injured railroad workers have 3 years to file a claim

In 1908, the Federal Employers' Liability Act (FELA) was enacted to offer some protections for injured railroad workers. It addressed the lack of appropriate safety standards in the industry. Those lax standards led to many workers dying or suffering from injuries.

There are some profound differences between how FELA cases and how workers' compensation cases are handled. For example, in a workers' compensation claim, there usually isn't a requirement for the injured party to prove that there was an element of negligence on the part of the employer. In a FELA claim, the injured party will have to show that the employer's negligence contributed to the incident.

Should you let your kids trick-or-treat this year?

Parents may be torn on whether or not to allow their children to participate in Halloween activities like trick-or-treating. But it can be hard to resist that pleading.

If you decide to allow the kids to trick-or-treat this Halloween, the following tips may keep them safer and avoid a tragic incident.

Turn to us to prove nursing home neglect and abuse

You've been married for over 40 years when you begin to suspect that your spouse may be suffering from Alzheimer's Disease. When the doctor's diagnosis confirms your suspicions, you realize that for your spouse's continued safety and well-being, they need to be transitioned to a facility that is able to care for and monitor them while you work.

Things seem fine at first, but then you start to notice some suspicious signs that your loved one may be neglected or even abused when you are not present. You've noticed small bruises on your spouse's arms, like someone might be tugging on them. Their weight dips precipitously, and you wonder if their caregivers are feeding them manually as needed.

Woman suffers horrific head injury in New York City

A woman from New York City filed suit against a property company that is owned by Michael Rubin, one of the co-owners of the Philadelphia 76ers.

The 24-year-old woman was a pedestrian near Union Square when she suffered a life-threatening "severe traumatic brain injury" when she was struck by a large, wooden lounge chair falling off the 12th-floor penthouse balcony.

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