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Malman Law Injury Blog

Providing information on recent cases, helpful tips, and research with personal injury, workers compensation, accident injuries, nursing home neglect and abuse, medical malpractice, and wrongful death.

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Toxic Sepsis Infection Causes Teen’s Death

Monday, February 14, 2011
The recent death of a Blue Island teen from a toxic sepsis infection leaves many unanswered questions for the boy’s foster family, including whether this may be a case of medical malpractice in Illinois. The young man, Christopher Schutzius had a root canal at the beginning of February and died from a sepsis infection a week later.

In the days following the surgery, “there were moments when he seemed invigorated and fine, and others when he complained of feeling achy and tired,” according to Chicago Breaking News.

As the “achy and tired” symptoms won out over the “invigorated and fine”, the boy’s foster family sought medical attention. He was rushed to the hospital by ambulance a week after the root canal procedure, where he was put on life support and later died.

This young man’s tragic death leaves many questions in its wake. To date, all that is known is that the Cook County medical examiner’s office performed an autopsy on Thursday and concluded that Christopher Schutzius died of a toxic sepsis infection following his root canal.

The dental practice where Christopher Schutzius underwent the root canal has released a statement saying, “We are conducting a thorough review of his treatment, and we'll provide further details as they become available to us,” according to the Tribune report.

Additionally, a separate investigation is being conducted by the Department of Children and Family Services which is routine when a child in foster care dies to determine whether neglect or wrongful death in Illinois has occurred.

Until these separate thorough investigations have been concluded, it is impossible to determine whether this is a case of medical malpractice in Illinois, wrongful death or something unrelated.

Warnings About Crib Bumper Safety and Other Baby Sleep Products

Friday, February 04, 2011
There is heightened awareness about crib bumper safety as of late due to reports from media outlets such as the Chicago Tribune reporting that crib bumpers are not safe. Both the Chicago Tribune and the New York Times have cited a 2008 Washington University study that concluded crib bumpers can cause death in infants.

While the American Academy of Pediatrics acknowledged the study and its findings and subsequently warned parents about crib bumper safety, the Consumer Product Safety Commission largely ignored it. A personal injury lawyer in Chicago can tell you first hand that this is not the first time claims about product safety have fallen on deaf ears with the CPSC.

The Tribune investigation has brought much-needed public awareness about crib bumper safety and has subsequently prompted the Illinois Attorney General’s Office to issue a warning to parents. Additionally, the Consumer Product Safety Commission has pledged to reassess crib bumper safety and determine whether crib bumpers are safe.

Crib bumper safety is not the only problem contributing to infant crib death. A recent New York Times article highlights concerns about many different types of baby sleep products.

According to the article, “prompted by consumer advocates and news reports highlighting potential dangers, the [Consumer Product Safety] commission has reversed itself and decided to take a deeper look at crib bumpers as part of a broader regulatory crackdown on the hazards of an extensive line of baby sleep products that have been blamed for more injuries and deaths.”

To avoid infant injuries or sudden death, the American Academy of Pediatrics recommends the following “safe sleep practices.”
  • Back to Sleep: Babies should be placed in their cribs on their back rather than their side of stomach.
  • Climate Control: Do not overdress baby for sleep. Keep their room a comfortable temperature rather than bundling them up.
  • Safe Crib: Your baby’s crib should be safety approved with a firm mattress and well-fitting sheet. Additionally, the crib should be free of crib bumpers, stuffed animals, comforters and pillows. All of these items create a suffocation hazard.
  • No Smoking: Infants’ caretakers should never smoke around babies; it is vitally important that baby’s sleeping environment remain smoke free.
If you or a loved one is using a crib bumper in an infant's crib, it should be removed immediately. If your child has sustained injuries resulting from a crib bumper or other sleep related item, contact a personal injury lawyer in Chicago to determine your next steps.

Traumatic Brain Injury Changes "Idol" Contestant's Life

Friday, January 28, 2011
An Oak Forest man appeared on the Chicago area auditions of "American Idol" this past week, and his story - his fiancé suffered a traumatic brain injury two months before their wedding day - was as touching as his performance. Chris Medina wowed the judges with his rendition of the Script's "Breakeven", and after hearing of his fiancé Juliana's traumatic brain injury, they insisted on meeting the young woman who so inspired Medina.

Following the accident, doctors were skeptical about whether Juliana would ever wake up after her traumatic brain injury. However, she did wake up and Medina and Juliana's mother act as her caretakers. Additionally, the Chicago Sun-Times reports that Medina “sings with local band the Able Body and is raising money for the Juliana Recovery Fund through the Laurus Foundation.”

He is truly committed to doing what he can for Juliana. Says Medina, "I was about to make vows just two months from the accident – through thick and thin, 'til death do us part, for better or worse," he said. "What kind of guy would I be if I walked out when she needed me the most?"

While this is certainly a tragedy, a brain injury lawyer in Chicago can tell you that traumatic brain injuries happen more often than they should. Traumatic brain injuries are often caused by accidents and have life changing consequences, as for Chris Medina and his fiancé.

Traumatic Brain Injuries

Traumatic brain injuries (TBI's) are the result of the brain experiencing a sudden physical trauma like an accident. TBI's frequently result in some or all of the following subsequent conditions:

- Cognitive defects
- Impaired language and speech
- Vision and hearing impairment or loss
- Paralysis
- Emotional trauma (depression, irritability, aggression)
- Death


Most people never fully recover from the effects of a traumatic brain injury. However, a personal injury lawyer in Chicago can assist traumatic brain injury victims and their families by lessening the burden of medical expenses. An experienced brain injury lawyer in Chicago can help traumatic brain injury sufferers and their families receive compensation for pain, suffering and medical expenses incurred as a result of their accident.

Driver Responsible for Ice Accident, According to Chicago Injury Lawyers

Thursday, January 20, 2011
Chicago injury attorneys for an Illinois man injured by falling ice are seeking more information about the accident. Their client, Peter Morano, sustained serious injuries to one side of his face when his windshield was shattered by a sheet of ice which fell from the roof of a semi truck. The injured party does not have full vision in his left eye in spite of emergency surgery to attempt to repair the damage. Most likely several more surgeries will be necessary to repair his face and try to restore vision to his eye.

Currently, there is very little information available on the truck and its driver. The driver may be unaware that his or her vehicle caused the ice accident. Mr. Morano's Chicago injury attorneys have filed a discovery motion and are actively seeking leads and witnesses to the ice accident.

While the injured party will most likely seek compensation for his injuries, pain and suffering, that is not all he hopes to acheive by possibly filing a lawsuit. It is important to Mr. Morano that other drivers do not suffer from preventable ice accidents such as this one. He is hoping this incident will raise awareness about ice accidents. There are currently only four states who have laws in place to prevent ice accidents. New Hampshire, New York, Pennsylvania and New Jersey currently require truck drivers to clear off their vehicles before driving to avoid ice accidents such as this one.

Winter can be a hazardous time due to unsafe driving conditions which are unavoidable. However, ice accidents such as this are completely avoidable if motorists would take a little extra time to clean off their vehicles before operating them - semi truck drivers and passenger vehicle drivers alike.

Dog Bite Law in Illinois - What are the Owner's Rights & Responsibilities?

Friday, January 14, 2011
There is a reason that dogs are known as man's best friend. They can be wonderful pets and companions to individuals and families, and often become an integral part of their owners' lives. It is important for dog owners to be aware of dog bite laws in Illinois to protect themselves - and their animals - in the event of a dog bite.

Chicago dog bite attorneys are the best resource for determining dog bite liability; however, you need to keep in mind the following instances in which you will be held responsible for a dog bite.

1. There is proof that your dog bit an individual.
2. There is proof that your dog was unprovoked.
3. There is proof that the injured party was legally permitted on the premises where the dog bite occurred.

Keeping the above in mind, here are the best ways to protect yourself and your animal from the law on dog bites:

- Supervise: Never leave your dog unattended. This will prevent your dog from having an opportunity to misbehave. It will also ensure that your dog is unable to be provoked.
- Post Warnings: Make sure you post signs alerting passerby of the presence of a dog on your property. Even if your dog shows no signs of hostility, it is best to forewarn visitors and others that you own a dog.
- Know Your Dog: Figure out what might trigger anxiety or aggressive behavior in your animal and avoid these situations.

Dogs are wonderful pets and a great addition to most families. If dog owners are aware of dog bite law in Illinois and follow the basic tips above, man's best friend can peacefully coexist with people and avoid dog bites. Unfortunately, dog bites happen even with the most vigilant dog owners. If you or a loved one is dealing with a dog bite situation and wondering about the law on dog bites, contact a Chicago dog bite attorney for assistance.


Winter Driving Tips - 5 "Don'ts"

Thursday, January 06, 2011
Snow, ice and freezing rain can mean messy driving for Chicago motorists during the winter months. Driving in the snow requires extra caution to avoid accidents. In fact, according to Chicago car accident lawyers, you can be liable for Chicago personal injury or wrongful death if you are driving recklessly - regardless of whether you are driving in the snow or other inclement weather.

These five winter driving tips will tell you what not to do when driving in the snow, ice or freezing rain.

1. Do not drive above the speed limit or too close to other vehicles, as slippery conditions will make it difficult to stop.
2. Do not use your cell phone - no talking, texting, emailing, etc. If you must make a call or send a message, pull over.
3. Do not neglect your vehicle maintenance. Make sure tires are properly inflated and that snow tires or chains have been put on.
4. Do not drive your car without first scraping all snow and ice from the vehicle, especially the windows and mirrors.
5. Do not drive under the influence of anything - drugs, alcohol or medication - ever, regardless of whether you are driving in the snow. 

Following the above winter driving tips may help you avoid an accident, but if you are involved in a Chicago car crash while driving in the snow, contact a Chicago car accident lawyer. They can help you determine what your next step should be.

Can a Simple Mistake Result in Medical Malpractice?

Tuesday, December 21, 2010

In a word - yes. According to malpractice lawyers in Chicago, many medical malpractice lawsuits are based on simple medical mistakes. Additionally, most of them are completely preventable and caused by inexperience or inattention.

A former Stone Park police officer, George Nissen, was recently awarded $16.2 million settlement for medical malpractice with help from a Chicago medical malpractice lawyer.  Mr. Nissen sustained a traumatic brain injury, and the hospital staff assigned to him failed to properly monitor his condition, leaving the patient a quadriplegic who is unable to eat or speak. It is likely that the reason the patient's condition was not properly monitored is that three of the nurses responsible for his care had no experience taking care of patients in the neurosurgical intensive care unit.

There are simple ways for health care professionals to avoid simple mistakes leading to medical malpractice. While they may seem like common sense, these things may get lost - particularly when shifts are short-staffed. Here are a few examples of simple, but necessary, important patient care items:

- Regular monitoring and recording of vital signs
- Following procedures and protocols
- Administering medications in the right amount at the designated time

 Unfortunately, even when health care providers are trying their best, medical errors do occur. In fact, malpractice lawyers in Chicago deal with hundreds of medical malpractice cases each year. If you or a loved one are questioning whether a medical error qualifies as medical malpractice, contact a Chicago medical malpractice attorney.

Repetitive Trauma Injuries Result in Illinois Workers Comp Benefits

Friday, December 17, 2010
Repetitive trauma is the result of completing tasks that require repetitive or constant movements throughout the work day. Office workers, assembly line employees and others who perform repetitive tasks on a regular basis throughout the day as part of their jobs are particularly susceptible to these types of injuries. In fact, repetitive trauma injuries are some of the most common Illinois workers comp injuries, and Chicago workers compensation lawyers handle hundreds of these cases per year. Common types of repetitive trauma injuries include:
- Carpal tunnel
- Cubital tunnel
- Repetitive strain injuries
- Overuse

Repetitive trauma injuries are often treatable, if not preventable, by taking certain precautions before injuries result in the necessity for Illinois workers compensation benefits. Employers should pay special attention to the following:
- Workspace: If employees' work environments are ergonomically correct, they are far less likely to suffer repetitive trauma injuries.
- Mandatory breaks: Taking mini-breaks over the course of the day, even to stretch your legs or use the bathroom once every hour or so, can help break up repetitive tasks.
- Rest: If an employee is showing signs of repetitive trauma injuries, they should rest immediately. If they are unable to perform another job, they should not attend work.
- Exercise: The best prevention may be exercise, and strengthening muscles to help support each other. For example, many lower back strains could be prevented by stronger core muscles to help support the lower back from the front.

Repetitive trauma injuries are very common, especially in certain professions. In fact, Chicago workers compensation lawyers deal with thousands of Illinois workers comp claims each year. If you have sustained a repetitive trauma injury or have questions about Illinois workers compensation benefits, contact a Chicago workers compensation lawyer today. It may be your best chance of preventing permanent damage from a work related injury, in addition to following the above tips.


Three Questions to Ask Your Personal Injury Lawyer in Chicago

Friday, December 10, 2010
1. What is your fee? Many personal injury lawyers in Chicago are willing to work for what is commonly referred to as a contingency fee. This means that there are no costs to you unless you receive compensation for your injuries. Additionally, most Chicago injury attorneys do not expect to be paid until after you receive compensation.

2. How much experience does your firm have? It is important to select a personal injury lawyer in Chicago that has extensive experience with personal injury law. Additionally, it is helpful when they have experience with your specific type of personal injury (worker's compensation, traumatic brain injury, nursing home negligence or abuse, etc.).

3. What is your success rate?
Find out how many cases a potential personal injury lawyer in Chicago has handled, and how many of those have been successfully settled or awarded compensation. It is also interesting to know what the average award amount is for similar cases to yours, based on the Chicago injury lawyer's past experience.

There are so many options when it comes to finding a personal injury lawyer in Chicago, it can seem overwhelming. The above three questions will help you qualify - and disqualify - potential Chicago injury attorneys and find the one that is right for you.

Do I Need a Nursing Home Lawyer in Chicago?

Tuesday, December 07, 2010
A nursing home lawyer in Chicago can be necessary in certain situations to protect the rights of you or your loved ones. Here are the top situations that may require assistance from a qualified legal professional:

Legal Documents: If you are being asked to sign legally binding documents at the time of admission to a long term care facility, you may want to consult a nursing home lawyer in Chicago. One example is a mandatory arbitration agreement included in admission paperwork. This is a standard form that is often a contingency to admission, and many patients or their family members sign it without realizing that they are signing over some of the patient's legal rights.

Injury, Abuse or Neglect:
If your loved one sustains an injury in a long term care facility, whether it is intentional or unintentional, you should contact a nursing home lawyer in Chicago immediately. The longer you wait or hope for the nursing home or care facility to resolve the issue, the greater the chances of a repeat incident or further complications.

Wrongful Death: Because the population of nursing homes and care facilities are generally in poorer health than the general population, small oversights or errors can have disastrous consequences. If your loved one passed away as a result of abuse, negligence or malpractice in a nursing home, you need a nursing home lawyer in Chicago to help you.

 

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