Chicago Personal Injury Attorneys Blog

37 percent of paper prescriptions result in prescription errors

2012-05-18T13:00:00Z

There have long been critiques of physicians and their poor handwriting. Their illegible notes and prescriptions have caused problems for what seems like forever, but new technology makes it easier than ever for doctors to avoid dangerous prescription errors. The only problem is that approximately 64 percent of doctors still use paper prescription pads.

Prescription errors are not solely the fault of physicians; pharmacists should contact a doctor every single time he or she cannot decipher what is written on a prescription. Failing to do so puts a patient at risk of receiving the wrong medicine or an incorrect dosage. Either way, a patient may develop serious medical complications or even die from a prescription error.

]]> What is so confounding, however, is that both pharmacists and physicians can and should be using electronic prescriptions. Using computer software tremendously cuts down on the number of prescription errors. For example, the rate of error on paper prescriptions was 37 percent while there was only a 7 percent rate of error for digital prescriptions.

So why were only a little more than one-third of all the prescriptions ordered in 2011 delivered electronically? It takes some money and time for a hospital or doctor to use and become familiar with an electronic prescription system. But does this mean that doctors are more concerned about their bottom line than about their patients' health and safety?

While it is clear that it may initially cost a lot of money to purchase and install an electronic system, what are the costs compared to a serious prescription error?

Source: The New York Times, "Chicken Scratches vs. Electronic Prescriptions," Randall Stross, April 28, 2012

Learning the symptoms could help doctors diagnose brain injuries

2012-05-16T18:30:22Z

With the recent suicide of Junior Seau and the ongoing litigation surrounding the NFL, it is obvious that the people of Chicago are aware that constant blows to the head can lead to cognitive difficulties and possibly death. As doctors and researchers find out more about chronic traumatic encephalopathy, or the brain injury that is affecting so many football players, they may be able to better diagnose this serious brain injury in those who have been in a car accident.

What does this mean for the people of Illinois, however? Although the ability to diagnose chronic traumatic encephalopathy will certainly help football players, it can also help anyone else who has suffered one or more serious blows to the head. Studying the symptoms of these high profile cases can make it easier for doctors to diagnose and treat Chicagoans who were injured in an accident.

]]> Scientists have been developing a list of symptoms that they hope will help in diagnosis by talking to family members and friends after one of these star athlete's deaths. Many have noted that people with chronic traumatic encephalopathy have become more aggressive, losing their ability to control themselves and their impulses. There are also often developing problems with addictions, remembering new information and organizational skills. Several of these players have become depressed and suicidal.

As primary care physicians and other medical personnel begin to see these problems in ordinary Chicago residents, they may be able to find ways to treat them and prevent further deterioration of the brain. It is also possible for people with these types of brain injuries to hold the people responsible for their car accidents financially liable for the testing and treatment necessary to prevent further injury.

Source: The Atlantic, "How to Diagnose a Battered Brain Before It's Too Late," Neal Emery, May 8, 2012

Chicago's most dangerous intersections shed light on what to fix

2012-05-11T20:57:06Z

With Chicago being one of the largest cities in the United States, it is no surprise that there are so many serious or fatal car accidents in the city. While the majority of vehicle accidents are due to carelessness, distracted driving, or alcohol, the effects can be life changing for the innocent people involved. Negligent drivers put accident victims at risk not only high medical bills, but for death, as well.

Research has shown that Chicago car accidents are more likely to happen along certain problematic roadways. According to the Illinois Department of Transportation, in 2010 there were 63 recorded crashes where Stony Island Avenue meets 79th Street and South Chicago Avenue -- more than any other intersection in the region. This area forms the Chicago Skyway. Twenty-eight people were injured in those crashes. The accidents were largely the result of drivers trying to speed past the intersection's red light.

]]> Illinois State Police have reported that the ramp from westbound I-80 to La Grange Road in Frankfort Township and the ramp from southbound I-55 to Bolingbrook Drive are also prone to accidents. There were 56 crashes on the I-80 westbound ramp at La Grange Road while 45 crashes were recorded on the I-55 southbound ramp in 2010.

A director for Highway and Transportation Safety Programs at Northwestern University has stated that traffic volume plays a big part in the number of accidents along these highly-traveled roads. Essentially, researchers have found that the likelihood of crashes is related to the number of vehicles that travel through an intersection. Motorists who are hesitant to travel through these spots are asked to use common sense. A policy expert with the Active Transportation Alliance advised that the number one thing a driver can do to prevent an accident is to obey the speed limit, traffic signs and signals and to always be aware of the presence and vulnerability of pedestrians and cyclists.

Source: Chicago Sun Times, "The Chicago area's 20 most dangerous intersections," Tina Sfondeles, April 30, 2012

May is Motorcycle Safety Awareness Month

2012-05-07T18:38:23Z

People in Chicago are just getting out their motorcycles and starting to ride as the weather gets nicer. While many motorcycle riders in Illinois have gone through some kind of safety class and know how to properly operate their vehicles, not all of the motorists around them know how to drive around bikers. Because of this, the National Highway Traffic Safety Administration has started Motorcycle Safety Awareness Month.

The Administration wants to remind drivers that they need to be careful while driving around people on motorcycles. If an Illinois motorist fails to take note of bikers or doesn't afford them the same safety as other motor vehicles, they can leave the motorcycle riders seriously injured or dead. There is little protection for a rider and it would be all too easy for a rider to need critical medical attention, life-long therapy and considerable time off of work just to recover from a motorcycle accident.

]]> It has been reported that motorcycle riders are 25 times more likely to die in an accident than the passenger of a car or truck. The Administration has also said that, when the amount of miles a biker or other motorist travels is approximately the same, the biker is five times more likely to have been injured in an accident.

It is absolutely critical that Chicago drivers be on the lookout for motorcycle riders. Although they may be harder to see, they are not invisible and it is important that motorists take the time and care to see these most vulnerable of motorists.

Source: Consumer Reports, "Motorcycle Safety Awareness Month reminds drivers, riders to share the road," Jeff Bartlett, May 1, 2012

Wrongful death lawsuit filed against landlord after assault

2012-05-04T03:17:55Z

On Easter Sunday, a 62-year-old man was assaulted in a home invasion and robbery. Now, his daughter is pursuing a wrongful death claim against the landlord of the senior citizens building in Old Town where her father lived. A homicide investigation is also underway.

According to the police report, the man was beaten in his high-rise apartment on April 7^th and found by police the following day. The attacker or attackers have not been caught or arrested and took off in the man's car, a Chrysler 200 Coupe. The victim, a Vietnam War veteran, died 11 days later as a result of the injuries sustained in the beating.

]]> The lawsuit alleges that the landlord failed to provide adequate security for the apartments when the attack occurred. The lawsuit was filed in Cook County Circuit Court and also names the security company as a defendant. The victim's daughter hopes that the lawsuit brings justice for her father and helps prevent future attacks and break-ins.

A premises liability claim can be brought against a negligent landlord for failed security and maintenance. If the landlord knew or should have known of a danger and failed to warn tenants or take appropriate action he or she could be held liable for negligence in a wrongful death case.

Most likely, an investigation will look at a history of the security and use any earlier records of break-ins or attacks as evidence of negligence. In tragic cases involving serious injury and wrongful death, taking legal action against responsible individuals and entities can help to prevent future assaults and homicides.

Source: Chicago Tribune, "Family sues in beating death case, while police seek car in attack," Naomi Nix, May 3, 2012.

Lawsuit over medical negligence and brain injury ends with a win

2012-04-30T17:55:53Z

A family that has been thrown upside down by a doctor's error in diagnosis can finally breathe a sigh of relief after a jury has awarded a woman who has been left paralyzed with $3.9 million. For the past six years, this woman's life has revolved around medical negligence and a brain injury after she went to the emergency room in December 2006 for a severe headache and frighteningly high blood pressure.

It may have been the woman's multiple sclerosis steroid treatment which threw off hospital staff, but the emergency room physician who saw the woman in 2006 said she was merely suffering from a migraine, sending her home with some pain medication to sleep it off. Unfortunately, the doctor missed the brain bleed that was happening, a symptom of the hemorrhagic stroke that would eventually occur.

]]> When the woman woke up the next morning, she was unable to speak and was paralyzed. Her family was rightfully concerned and afraid that she might die, but she has slowly started to recover. While she has not remained completely paralyzed, she still must use a wheelchair, as she is still paralyzed on her right side.

The woman's doctor has since apologized and retired from the practice of medicine, but that one moment of error has left this woman, her husband and her children's lives forever altered. Though her children are only 11- and 14-years-old, she has to rely on her children for some of her care, forcing them to grow up and take on responsibilities that no child should have to shoulder.

Now, the woman and her family will have the funds necessary to care for her and cover her past medical bills with her multi-million dollar jury award. The trial itself took one month, but, in the end, the jury found the doctor to be responsible for the woman's condition.

Source: The Coloradoan, "Fort Collins woman wins $3.9M malpractice suit against former PVH doctor," Robert Allen, April 20, 2012

Why hospitals need to have professional interpreters on staff

2012-04-27T13:00:00Z

There are a lot of people in Chicago who have limited English proficiency. With nearly 25 million people across the country whose English is less than fluent, it is extremely important that critical services have options for people who don't speak English. One of the most important services that people need, regardless of language ability, is medical services and when there is no professional interpreter available, it opens up the patient to a host of medical errors.

Without access to professional interpreters, it is very easy for physicians to make a prescription error, something that could have deadly consequences. A new study now has research that supports this, showing that there is a 20 to 22 percent risk that a non-professional interpreter making a translation error will expose a patient to a serious medical error. If there is a professional interpreter, however, the risk drops to 12 percent. There is no information on what happens when there is no one available to help with translation.

]]> The study also shows that the risk of translation and medical error drops when an interpreter has had at least 100 hours of training, but very few programs provide that much training for medical interpreters. The risk that a translation error would cause a severe medical complication fell to 2 percent.

With the ever-increasing number of English speakers in Chicago, it is extremely dangerous to not have professional interpreters on staff. It is crucial that anyone who has suffered a prescription or medical error because of trouble communicating with hospital staff contact a medical malpractice attorney. A lawyer can help explain what legal remedies are available to an injured patient and can help start a medical malpractice lawsuit against the medical personnel who are responsible for the patient's injury.

Source: "Interpreters in ER may limit medical errors: study," April 17, 2012

Medical tests may lead to new cerebral palsy drug

2012-04-25T21:36:37Z

Imagine going to a Chicago hospital for the birth of your child when the doctor comes back and tells you that something is wrong, that something happened during the delivery and now your child has cerebral palsy. Sadly, this scenario repeats itself over and over across Chicago and the United States every year.

With one in 300 children living with cerebral palsy in the U.S., it is important that researchers look for medication and therapies that will help treat this currently incurable condition. Now, medical researchers are discovering that a new drug has been helping rabbits with cerebral palsy-like symptoms develop their motor skills.

]]> One of cerebral palsy's main symptoms is a set of impaired motor skills. Many children with cerebral palsy have trouble balancing or developing good posture. In addition, they may have difficult moving.

Researchers have been working with rabbits that have similar symptoms and found that those who have been treated showed "significant improvements" within five days of being treated. Many of them could move almost as well as rabbits without the medical condition.

This drug is still in its infancy; however, a physician with the University of Chicago has said that if a child's symptoms from cerebral palsy were eradicated, families could save approximately $1 million. Granted, when a child develops cerebral palsy because of medical negligence, it should be the doctor or hospital's responsibility to cover the economic costs associated with cerebral palsy.

Anyone who believes that a hospital staff member is responsible for his or her child's cerebral palsy should contact a birth injury lawyer to discuss what options are available.

Source: Fox News, "Cerebral palsy drug may offer hope for treatment," Rachael Rettner, April 19, 2012

Chicago drunk driving crash victim still recovering 1 year later

2012-04-22T02:28:02Z

A 26-year-old Chicago woman slowly made her way to the witness stand March 23 to tell a judge how her life had been "forever changed" by an accident last spring. The accident occurred when a Chicago city employee drove a city pickup truck right into her and a handful of other people walking in a Near North Side neighborhood. At the time, the 62-year-old driver was on-duty and allegedly intoxicated. He no longer works for the city.

Injured by a drunk driver, the woman was forced to hobble to the front of the courtroom with a cane in her right hand and a brace on her right foot. She described her ongoing pain and the details of her dozen operations needed to fix multiple leg fractures and a broken pelvis. She faces still more painful operations in the future. At the time of the accident, she was out strolling with a toddler that she cared for as a nanny. She heroically managed to push the stroller containing the child out of harm's way just before the truck shattered her body. The 20-month-old girl still suffered some minor injuries.

]]> The former city employee pled guilty to four charges of aggravated driving under the influence which resulted in great bodily injury to other persons. The accident happened at the intersection of Rush and Cedar Streets on May 21, 2011. The driver veered off the street and his truck jumped the curb, striking the young woman and several people standing nearby working at a commercial photo shoot.

A man injured in the accident told the court that the accident caused him severe injuries, including four broken vertebrae after he was pinned under the truck. He also said he will now have a titanium rod in his right leg for the rest of his life. Five other pedestrians were also injured in the accident.

This story reminds us just how dangerous drunk drivers can be and shows how important it is for crash victims to seek compensation in a personal injury lawsuit.

Source: Chicago Tribune, "Ex-city worker pleads guilty in DUI crash 1 victim said 'forever changed my life,'" Ryan Haggerty, March 23, 2012

Drivers be warned: 6 percent increase in Tax Day car crashes

2012-04-17T17:46:08Z

For those in Chicago that didn't know, today is Tax Day, the last day to get your taxes in and filed. While the mention of taxes is enough to stress out most people in Illinois, there is another reason why Tax Day should be on Chicago drivers' radar. A new study has shown that Tax Day is the most deadly day for motorists in the month of April.

Driver inattention is a serious problem in Chicago, whether it is caused by texting drivers or motorists worried about whether they've filled out their tax documents correctly. When a driver is not paying attention to the road or the other vehicles around him or her, he or she is more likely to cause a fatal accident. This study shows that the stress and worry of Tax Day is enough to increase average traffic fatalities for the month of April by 6 percent.

]]> The lead researcher believes there are two big factors that cause the increase in deadly traffic accidents. The first is that there is a higher number of people on the road going to locations they rarely or never go to, such as the post office or a tax consultant. Drivers are the safest on the roads they know best and the likelihood of an accident jumps when drivers start taking less-familiar routes.

Another contributing factor is the stress of preparing and filing taxes. If it was just a matter of drivers on the road, there should be a decrease in traffic accidents as electronic filing becomes more popular. There has been no such decrease, however, leading the study's author to believe that the complicated American tax code may be playing a role in people's driving.

Regardless of why an Illinois driver is distracted, he or she can and should be held responsible for the people injured or killed because of his or her careless driving.

Source: The Huffington Post, "Deadly Car Crashes Spike By 6 Percent On Tax Day: Study," Lindsey Tanner, April 10, 2012

Chicago man, 27, killed in Burbank car accident

2012-04-15T14:06:44Z

A 27-year-old Chicago man was killed recently after being involved in what authorities called "an awful accident" that occurred when the vehicle he was driving collided with another vehicle in suburban Burbank. At this point, authorities are not sure what caused the car accident.

Authorities do know that the head-on collision occurred where New England Avenue meets 79^th Street and happened around 10:30 p.m. Tuesday. The car crash was so bad that authorities had to use the "Jaws of Life" to extricate both the 27-year-old man and the female driver of the other car from their vehicles.

]]> Both the deceased man and the other driver were taken to Advocate Christ Medical Center, but medical professionals there could not save the man and he was pronounced dead about half an hour after midnight. The present condition of the other driver is not known, but she was initially listed in serious condition.

The captain of the Burbank police department said a special team would try to reconstruct the accident so that they can better understand how it occurred. At the moment, they cannot tell whether alcohol was involved in the collision.

Regardless of who was at fault, we express condolences to the deceased man's family and wish the other driver the best as she recuperates. Accidents like this are devastating and often leave victims with serious medical bills and an impaired ability to work. Many people who are hurt in car crashes choose to work with personal injury attorneys in an attempt to recoup their medical expenses and perhaps obtain compensation for their lost wages and pain and suffering.

Source: The Chicago Sun-Times, "Man killed in crash in Burbank," April 11, 2012

Chicago accident ends in wrongful death of crash victim

2012-04-12T18:38:05Z

The Brighton Park neighborhood of Chicago was the scene of a tragic accident earlier this month. As two full cars were driving along Archer Avenue near Sawyer Avenue at approximately 2 a.m., a left-turning Chevrolet Malibu failed to yield to a Nissan Maxima's right of way, causing an accident that has left one driver dead and many passengers injured.

When a family member loses a loved one in a fatal Chicago car crash, it is important to work with an attorney to help the family member preserve his or her rights after a wrongful death. It may not be the first thing on the family member's mind, but a wrongful death lawsuit can be an important way for the individual to seek justice for the loss of the crash victim.

]]> It remains to be seen if the surviving family members of the driver of the Nissan will file a wrongful death lawsuit against the driver of the Chevrolet. The driver was rushed to Mount Sinai Hospital after the early-morning accident, but the Cook County Medical Examiner's office told the media that he died from many different injuries shortly after he arrived.

The other people in the Nissan were taken to John H. Stroger, Jr. Hospital of Cook County, but it is unknown how severely they have been injured or whether physicians expect they will survive. There were also passengers in the Chevrolet who were seriously injured and taken to Mount Sinai, Advocate Christ Medical Center and John H. Stroger, Jr., too. Again, there is little information on the other crash victims, but they will also need to work to preserve their rights.

A Chicago wrongful death accident is absolutely horrible, especially when it could have been prevented by a driver who could have taken a moment to yield to an approaching vehicle.

Source: Chicago Tribune, "Driver arrested after 1 killed, 5 injured in Brighton Park crash," Peter Nickeas, April 1, 2012

Family awarded $8.25 million for wrongful death of baby

2012-04-10T15:57:08Z

A Chicago couple's first child was born early -- 15 weeks early. Despite that early entry into the world, the little 1 pound 8 ounce boy was making a go of it. He was surviving. Unfortunately, the infant died as a result of a medical error.

The one-month-old Chicago baby made it through heart surgery, but then succumbed to a drug overdose delivered by an IV after the surgery. According to a news report, the infant was given a dosage of sodium chloride that was 60 times the amount he should have been given. Whether it was a number transposition or a decimal error or some other simple mistake, it was not made clear in the news story. What was made clear was that the hospital admitted to the medication error.

]]> In what is currently the largest wrongful death settlement in the state of Illinois, the parents were awarded $8.25 million as compensation for the death of their only child.

The hospital acknowledged that the fault lay with the pharmacy department. In modern operatories, drugs are occasionally administered remotely, and are often administered via computer controlled devices. In this case, the physician ordered the correct dosage, but the wrong dosage was entered into the machine that mixes the IV solution.

The baby's death also resulted in policy changes at the hospital so that a similar error does not occur again. The baby's parents were ultimately relieved that the hospital admitted the wrongdoing.

Source: Chicago Sun-Times, "Couple whose baby died from wrong IV dose gets $8.25 million," Dan Rozek, April 5, 2012

Chicago driver charged with drunk driving crash, killing 2

2012-04-06T20:32:20Z

An SUV driver has been charged with driving under the influence of alcohol, among other crimes, after he was involved in a March 24 crash that resulted in the deaths of two children. The 36-year-old Chicago man also faces accusations of leaving the scene of an accident, failing to render aid and provide information, driving with a suspended driver's license, failing to keep in his traffic lane, failing to reduce speed, damage to public property, and disobeying a stop signal.

In addition to the criminal charges, the driver may face a civil lawsuit to recover damages for injuries and the wrongful deaths of the brother and sister. In addition to killing the two children, police say he also severely injured their father.

]]> According to police, the driver was attempting to avoid a fender-bender collision with another vehicle when it veered into the path of the family's vehicle. It appears the man left his lane and crossed into oncoming traffic, hitting the family's car head-on. The crash took place near Western and 45th at approximately 6:30 p.m.

The car was occupied by a family of five. A 5-year-old boy and his 10 month-old sister, who were passengers in the car, suffered fatal injuries and both died shortly after the accident at Mount Sinai Hospital and John H. Stroger Jr. Hospital of Cook County, respectively. The father of the two children was also seriously injured in the crash and hospitalized. It is unclear whether the father is expected to survive or ever fully recover.

There is nothing so heart-breaking as for a mother to lose her two children, but to also have the children's father hospitalized, fighting for his life, must be overwhelming. The costs of emergency care, for both the children and for the father, will become extremely high and the mother has a right to recover damages for the injuries of her children and their father.

Source: NBC 5 Chicago, "Aggravated DUI Charges in Crash That Killed 2 Kids," Lauren Petty, March 27, 2012

Chicago car chase leads to fatal passenger injuries

2012-04-03T20:12:22Z

A Chicago man has been arrested and is being held on $350,000 bail after he seems to have caused an accident that left his passenger dead. The passenger was injured in the car accident when the 22-year-old driver lost control of his vehicle and hit a pole on South Pulaski Road. Although the man is facing criminal charges for misdemeanor driving under the influence and reckless homicide, the 23-year-old passenger's family members will need to file a wrongful death lawsuit in order to get justice for its loved one.

After police responded to the 4 a.m. car crash, they found an injured driver and took him to the hospital. While at the Christ Medical Center in Oak Lawn, the man was put under arrest and took a blood test. Police found that his blood alcohol concentration was slightly less than the 0.08 legal limit, but it was high enough that police believe the 22-year-old's driving was impaired by his intoxication.

]]> The 23-year-old woman who was riding in the back seat was killed in the accident. The Southtown Star reports that the driver appeared to be chasing another car near Midway Airport when the driver was no longer able to keep control of the vehicle at such high speeds. Instead of slowing down or abandoning the chase altogether, the driver drove into a pole and caused a fatal accident.

There is no doubt that this woman's family could seek compensation from the 22-year-old. Using evidence of the man's intoxication and the high speeds at which he was traveling could be used as evidence of his reckless driving. Whether her family works with an attorney to file a wrongful death lawsuit for her passenger injuries or for the costs associated with losing a family member, the woman's family has a right to seek justice for the passenger.

Source: Southtown Star, "Man charged in fatal crash involving Oak Lawn woman," March 25, 2012