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Cook County Wrongful Death Law Blog

The Illinois Survival Act

Almost everyone in Chicago will need to undergo a major medical procedure at least once in their life. Whether that is a surgical procedure, time in the hospital or other medical care, all of these procedures carry a risk to the patient. But, occasionally these risks are multiplied when there is negligent medical care. Those who have been affected by a deadly medical malpractice case or other wrongful death situation ihave legal rights.

When a loved one unexpectedly dies because of a medical mistake, families are left behind feeling shocked, sad and upset because they do not understand how this could have happened. This can also happen if a loved one was killed in an accident that was caused by another person's negligence. Here, there is an Illinois Survival Act. This act permits a deceased person's family estate to recover damages for funeral expenses, medical expenses, lost wages and other damages that the deceased person could have claimed if they would have been alive. The Survival Act allows a deceased person's estate to pursue a claim with the same compensatory damages that the decedent would have received prior to their death due to a wrongful death accident.

Oak Brook nursing home sued for neglect

Many families in the Cook County area have had to make the agonizing decision to place their loved one in a nursing home. Although most people do not want to put a family member in a nursing home, they are necessary facilities for those who are unable to take care of themselves. As a large population continues to age, more people will need skilled nursing care. But, while most facilities understand the importance of patient safety, some facilities have caused serious nursing home abuse injuries.

A woman who was a resident of the Oak Brook Care center is suing the long-term facility for neglect. She was a resident of the facility in 2017 where she alleges that negligence caused her physical condition to deteriorate. She had a surgical incision on her leg that opened, causing a sore to deteriorate along which required multiple removals of damaged tissue. The victim also reported she had additional physical and mental deterioration, poor quality of life and pain and suffering because of the negligence.

Should you settle a nursing home abuse claim?

When your Illinois family places a loved one in the care of a nursing facility, it is with the assurance that he or she will get the care and support needed. It can be devastating to learn that the nursing home failed in this obligation to your family member. Neglect in a nursing home is unacceptable, and it is appropriate to move forward with legal action, if necessary.

If your loved one suffered the physical, emotional and mental effects of nursing home neglect, you may wonder what you can do to fight back. By filing a civil claim, you can pursue financial compensation for your loved one and hold liable parties accountable. In some cases, you may receive an offer of a settlement agreement. 

Lurie Children's Hospital sued for medical malpractice

Although most children in Illinois are healthy, occasionally, parents need to take their children to the hospital for an illness. Luckily, medical providers in Chicago are some of the best and usually provide excellent care. Unfortunately, this is not the case for every family and medical malpractice, such as a missed diagnosis, occurs far too often.

A local family is suing the Ann & Robert H. Lurie Children's Hospital, along with a physician and the Pediatric Faculty Foundation. The patient alleges that she saw the physician in 2006 and was diagnosed with kidney failure. She was under this physician's care until 2012. In 2012, she was diagnosed with urinary reflux, and in 2014, she needed a kidney transplant. She and her parents allege that the doctor and hospital failed to recommend or perform any reasonable diagnostic tests, or refer her to a specialist while she was under the physician and hospital care from 2006-2012. Because of their negligence, the plaintiffs allege that the patient's medical condition worsened.

Falls in nursing homes are one of the leading causes of death

Many families have loved ones who live in a nursing home. Many times, older adults are not able to take care of themselves and need to be in a safe place. Nursing homes provide living arrangements for vulnerable adults. These are important places for Cook County residents, but unfortunately, there are many reports of nursing home abuse.

One of the leading causes of death for nursing home residents are from fall-related injuries. Each year, approximately 1,800 nursing home residents die because of a fall. A typical nursing home that has 100 beds reports at least 100 to 200 falls each year with almost 75 percent of nursing home residents falling each year. However, it is believed that many more falls remain unreported. Those who live in a nursing home are four times more likely to die from a fall than those who live with loved one or at home. Environmental hazards are one of the main causes of falls. In nursing homes environmental hazards can be incorrect bed height, slippery floors, improper exit signs and faulty bed rails.

Arizona nursing home liability for death caused by bed sores

The Center for Disease Control (CDC) estimates that approximately 1 in 10 patients are suffering from bedsores at any given time. They estimate that of those, approximately 13 percent are men and 11 percent are women who currently reside in nursing homes. While treatable in the early stages, nursing home neglect can allow the problem to reach life-threatening and even fatal, stages.

Bedsores are caused by continuous pressure on any certain spot. They are categorized in stages from one to four. In stage one, the skin is not broken but the skin will appear red or darker. It may also be tender or painful to the touch, and can feel warmer than the skin around it. In stage two, the skin begins to show damage. The sore will be red or yellow in color, and can look like a blister. If caught in either of these stages, bedsores are the easiest to treat and cure.

Common types of birth injuries

While it is true that Illinois birth injuries are common, that does not mean they are to be expected or accepted. Many times injuries could have been prevented. Whether caused by a negligent doctor or medical error, any birth injury should be carefully reviewed to determine its cause.

Let us first define what a birth injury is. A birth injury occurs when a baby is harmed during the birth process. It can occur from the baby being turned the wrong way during delivery, commonly known as being "breached." It can also occur from various birthing tools used by a physician. Some examples of those would be forceps or a vacuum attachment. In addition, birth injuries can be due to underlying medical issues that were unidentified by a physician prior to birth. Finally and most unfortunately, they can be caused by excessive pulling or twisting.

One dead in Chicago parking garage fire

One 47-year-old male worker is dead, and four other workers have been injured, in a Chicago parking garage fire. On Saturday, December 29th, black smoke could be seen billowing from the top of the 10-story garage located in the River North district. At the time, a total of five people employed by a roofing contractor were in an elevator penthouse area performing winter preparations. The cause of the fire is still unknown. According to Chicago fire Battalion Chief Cynthia Herring, the four workers who survived were all transported to area hospitals in serious or critical condition.

The death of a worker in the course of employment is a serious matter. A family often finds themselves grieving the tragic loss of a loved one, while also dealing with the uncertainty of what caused it. While investigations of this nature are generally carried out at an expedited pace, they still take time. A cause of death must be determined before a family may receive life insurance proceeds in order to properly lay a lost loved one to rest, as well as address ongoing expenses. It is a stressful situation in which no family should be forced to navigate alone.

Cook County Sheriff's Officer killed in drunk driving accident

A 27-year-old Cook County Sheriff's Officer was killed in a December 17 crash. At approximately 4:00 p.m., near the intersection of Joliet and Davey Roads, two vehicles and a light-duty box truck all collided. One of the vehicles was driven by Sheriff's Officer Zachary Perry. Tragically, he was declared dead on the scene. Perry worked in the Cook County jail as a correctional officer.

Ironically, the driver of the second vehicle involved in the collision was 30-year-old Pablo Perez, who is also a correctional officer in the Cook County jail. Perez was found to be driving under the influence of alcohol. He has been de-deputized pending investigation. Three agencies are investigation the accident. They are Bolingbrook and Removille police departments, Illinois State Police and a Felony Investigative Assistance Team.

Birth injuries can lead to life-changing disorders in babies

For an Illinois family, the birth of a child can be an exciting time. Learning that your child suffered injuries during the birth process can mar this momentous occasion and cause you distress and concern as you learn more about the impact of these injuries. In some cases, certain types of birth injuries can lead to life-altering complications and issues for a baby.

Two of the most common disorders seen in babies who experience birth injuries are cerebral palsy and Erb's palsy. Both of these can lead to lifelong issues for a child, and your family could be facing very expensive medical needs. You may feel overwhelmed and hopeless, but there could be legal options available to your family.

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