Malman Law http://www.malmanlaw.com Wed, 08 Jul 2015 08:29:26 +0000 en-US hourly 1 The Dangers of Drowsy Driving http://www.malmanlaw.com/Malman-Law-Injury-Blog/the-dangers-of-drowsy-driving/ http://www.malmanlaw.com/Malman-Law-Injury-Blog/the-dangers-of-drowsy-driving/#comments Fri, 03 Jul 2015 13:00:35 +0000 http://www.malmanlaw.com/?p=4264 Drowsy driving is often referred to as “the third D” in the top three causes of automobile accidents. Drunk driving and distracted driving can be legally determined by certain clues. A Breathalyzer or sobriety test can alert law enforcement to intoxicated driving, and a badly timed text message or cell phone call can indicate distracted … Continue reading The Dangers of Drowsy Driving

The post The Dangers of Drowsy Driving appeared first on Malman Law.

]]>
drowsy drivingDrowsy driving is often referred to as “the third D” in the top three causes of automobile accidents. Drunk driving and distracted driving can be legally determined by certain clues. A Breathalyzer or sobriety test can alert law enforcement to intoxicated driving, and a badly timed text message or cell phone call can indicate distracted driving. However, drowsy driving leaves more ambiguity with regard to legal proof. As accidents caused by driver fatigue become more common, federal and state governments are examining ways to prevent it, track it, and prosecute for it. Any injury or death in an accident involving a suspected drowsy driver is cause for legal investigation. As a citizen driving on Illinois highways, or as a victim injured in an accident, it is important to know the causes, symptoms, and legal consequences of driving while fatigued.

Legal Ramifications

Fatigue is a factor in up to 1.2 million car accidents annually. According to the National Transportation Safety Board, fatigue is responsible for 4,000 to 7,000 fatalities in the U.S. every year. States across the country are reconsidering the consequences for causing injury or death as a result of drowsy driving. The Chicago Tribune reported that if a driver has gone 24 hours without sleep in Arkansas, he or she may be charged with negligent homicide if involved in a fatal accident. In New Jersey, the same driver may be charged with reckless driving. Illinois is in the process of examining its stance on fatigued driving as well.

Different Causes of Fatigue

Many underlying factors can be categorized as fatigue. Disrupted stages of rapid eye movement (REM) can keep a person from the deeper level of sleep necessary to feel rested. Disorders causing sleep dysfunction are not always diagnosed or treated. Work schedules can interrupt natural circadian rhythms, particularly for second and third shift workers. Chronic sleep problems are common with new parents and college students. Medications may unknowingly react with other drugs or alcohol. Some drugs may cause drowsiness simply by their given nature.

Clues

While there are less ways to prove culpability than if driving while intoxicated, there are some definite clues to suggest that fatigue played a role in an accident. Experts and investigators train police officers to follow these clues in the wake of an accident. Lack of skid marks suggest that a driver did not try to avoid a collision, which may indicate that he or she may have been sleeping. If there is only one car involved in an accident, the possibility of a fatigued driving incident increases.

Signs and Symptoms

Fatigue affects the ability of the brain to function, as the body lacks much needed rest. The most obvious signs are delayed reaction time and impaired vision. Lights and peripheral objects tend to “play tricks” on fatigued drivers, particularly while driving in the dark. Lack of mental agility impairs reaction time. Difficulty processing and remembering information is another sign.

Malman Law – Chicago Car Accident Lawyers

The frequency of auto accidents in Illinois increases every year. If you have experienced lost wages, medical bills, and a compromised quality of life as the result of a fatigued driver, you have every right to seek compensation. At Malman Law, we understand the strain an accident can place on you and your family. Since 1994, we have worked diligently to bring our clients the financial and emotional relief they deserve. Contact us today for a free consultation.

The post The Dangers of Drowsy Driving appeared first on Malman Law.

]]>
http://www.malmanlaw.com/Malman-Law-Injury-Blog/the-dangers-of-drowsy-driving/feed/ 0
What Happens If You’re Injured By An Uninsured Driver? http://www.malmanlaw.com/Malman-Law-Injury-Blog/what-happens-if-youre-injured-by-an-uninsured-driver/ http://www.malmanlaw.com/Malman-Law-Injury-Blog/what-happens-if-youre-injured-by-an-uninsured-driver/#comments Tue, 30 Jun 2015 13:00:35 +0000 http://www.malmanlaw.com/?p=4260 If you’ve been in a car accident, you have likely experienced multiple damages. Property damages, medical bills, emotional trauma, and lost wages can be overwhelming and expensive. Insurance exists to help offset or even fully cover these costs. The insurance of the person at fault should cover these damages, but what if that person doesn’t … Continue reading What Happens If You’re Injured By An Uninsured Driver?

The post What Happens If You’re Injured By An Uninsured Driver? appeared first on Malman Law.

]]>
accident involving three  carsIf you’ve been in a car accident, you have likely experienced multiple damages. Property damages, medical bills, emotional trauma, and lost wages can be overwhelming and expensive. Insurance exists to help offset or even fully cover these costs. The insurance of the person at fault should cover these damages, but what if that person doesn’t have insurance? This scenario is actually more common than most people think. Even though motorists are required by law to carry minimum collision insurance, some don’t.

Underinsured Vs. Uninsured

If you’ve been hit by an underinsured or uninsured motorist, there is still help. Depending on several factors, including your own insurance policy, you may be able to recoup the majority of associated expenses. If you are involved in any car accident – but especially if the other party is underinsured or uninsured – take the following steps.

  • Obtain the other driver’s insurance information, driver’s license number, plate number, and contact information. In order to collect payment, you will need to contact the other driver. Don’t walk away without this essential information.
  • Contact your insurance company. Your policy most likely has some type of underinsured or uninsured motorist coverage. This coverage kicks in when the driver at fault has inadequate coverage and the damages exceed policy limit, or the driver has no coverage at all.
  • Contact an attorney. Liability is not dependent on insurance coverage. If the other driver is at fault, he or she is liable even if insurance coverage is non-existent. An experienced motor vehicle accident attorney is crucial in this type of situation.

Underinsured and Uninsured Insurance Coverage

If you are hit by an underinsured or uninsured driver, and you only have liability coverage, your insurance policy will not pick up the difference. It is very inexpensive, and wise to add this type of coverage to your policy. A few extra dollars each month can save you thousands if you’re involved in an accident. However, if you choose not to get this coverage, there are still options. One option is to sue the driver for damages. The unfortunate reality is that if the driver couldn’t afford insurance coverage, the chance of recovering significant compensation is relatively low. That doesn’t mean you shouldn’t sue, however, because Illinois allows underinsured and uninsured drivers to pay damages through an installment plan. The two parties must agree to this arrangement and both must sign the agreement. If the person making payments defaults, his or her license may be suspended until payments resume.

Malman Law – Chicago Motor Vehicle Accident Attorneys

Auto accidents can be financially, physically, and emotionally devastating. At Malman Law, we have successfully obtained compensation for countless victims of auto accidents, including those involving underinsured and uninsured motorists. With over 22 years of experience in personal injury law, Steven J. Malman and his dedicated legal team have the knowledge and talent to get you the compensation you deserve. Contact us today for a free consultation about your case.

The post What Happens If You’re Injured By An Uninsured Driver? appeared first on Malman Law.

]]>
http://www.malmanlaw.com/Malman-Law-Injury-Blog/what-happens-if-youre-injured-by-an-uninsured-driver/feed/ 0
Sharing Notes with Patients Helps Reduce Doctor Mistakes http://www.malmanlaw.com/Malman-Law-Injury-Blog/sharing-notes-with-patients-helps-reduce-doctor-mistakes/ http://www.malmanlaw.com/Malman-Law-Injury-Blog/sharing-notes-with-patients-helps-reduce-doctor-mistakes/#comments Fri, 26 Jun 2015 13:00:46 +0000 http://www.malmanlaw.com/?p=4257 In today’s medical world, doctors don’t always have the time that patients need. Technology and insurance have changed the medical landscape over the past few decades, some things for the better, and some, for the worse. To improve communication, a new trend within doctor-patient relationships has emerged. A program called Open Notes allows medical professionals … Continue reading Sharing Notes with Patients Helps Reduce Doctor Mistakes

The post Sharing Notes with Patients Helps Reduce Doctor Mistakes appeared first on Malman Law.

]]>
Doctor having conversation with his patient and holding xray inIn today’s medical world, doctors don’t always have the time that patients need. Technology and insurance have changed the medical landscape over the past few decades, some things for the better, and some, for the worse. To improve communication, a new trend within doctor-patient relationships has emerged. A program called Open Notes allows medical professionals to share medical notes with clients. Researchers track subsequent responses and actions from patients, studying positive and negative health-related outcomes. With nearly five million participating patients since 2010, this trend has revealed several pros and cons.

Pros

Praise for the Open Notes program has by far outweighed any criticism. Many doctors claim it has encouraged patient involvement and helped eliminate breakdowns in communication.

  • Having access to your medical notes allows you to better understand your diagnosis and possible treatments. Many people welcome the chance to review meetings with physicians. Patients may need time to process information conveyed during an exam. With Open Notes, patients may be better able to understand their medical situation through optional re-reading of notes. Added knowledge and a better understanding may provide increased opportunity for incorporating treatment and beneficial health habits.
  • Patients now have a written record with which to further investigate their diagnosis. With documentation, the study finds there is a better level of follow through. People take more responsibility for understanding what is happening within their bodies. They are more likely to investigate how to improve or maintain their health.
  • Patients also participate in recognizing errors or spotting a doctor’s misinterpretation. This may prevent medication errors and misdiagnoses and could lead to better, faster diagnosis by ruling out symptoms and options. Take the following scenario for example: You have a sensation of pressure in your calf, with occasional swelling. Your physician reports that you have “consistent pain and swelling in your knee.” By informing the doctor of the difference between what you are experiencing and his or her interpretation, you may have ensured an accurate diagnosis.
  • By providing more focused care and faster, more accurate diagnoses, medical costs are lowered. This occurs for both the individual patient and, ultimately, the entire healthcare system.

Cons

Despite the positive responses to note sharing, physicians do relay some concerns as well.

  • Physicians’ exam notes include medical terminology that may be misinterpreted. A patient may then refuse his or her doctor’s prescribed treatment or choose to self-treat, based on an incorrect self-diagnosis.
  • There is concern that doctors may edit their medical notes, knowing that they will be read by a “layperson.” Certain medical facts may be omitted to avoid upsetting patients who may misinterpret them.

Malman Law – Chicago Malpractice Attorneys

Your health is a serious matter. If you are concerned that a physician may have misdiagnosed you or someone you love, it is in your best interest to contact an attorney with extensive medical malpractice experience. At Malman Law, we pride ourselves on helping people get the compensation they deserve following an injury or illness. Founder Steven J. Malman has over 22 years of experience as one of Chicago’s leading authorities on personal injury law. Our legal team has represented over 10,000 successful cases in Illinois. Contact us today for a free consultation about your case.

The post Sharing Notes with Patients Helps Reduce Doctor Mistakes appeared first on Malman Law.

]]>
http://www.malmanlaw.com/Malman-Law-Injury-Blog/sharing-notes-with-patients-helps-reduce-doctor-mistakes/feed/ 0
Electronic Health Record-Related Malpractice Suits on the Rise http://www.malmanlaw.com/Malman-Law-Injury-Blog/electronic-health-record-related-malpractice-suits-on-the-rise/ http://www.malmanlaw.com/Malman-Law-Injury-Blog/electronic-health-record-related-malpractice-suits-on-the-rise/#comments Tue, 23 Jun 2015 13:00:04 +0000 http://www.malmanlaw.com/?p=4254 Electronic health records (EHR) have become standard in today’s medical field. Creating faster, more accessible charting and communication, both doctors and patients are taking advantage of this system. However, these programs can introduce problems, including misdiagnosis of medical issues and an increase in medication errors. History shows that malpractice suits tend to rise with technological … Continue reading Electronic Health Record-Related Malpractice Suits on the Rise

The post Electronic Health Record-Related Malpractice Suits on the Rise appeared first on Malman Law.

]]>
Electronic Medical Record.Electronic health records (EHR) have become standard in today’s medical field. Creating faster, more accessible charting and communication, both doctors and patients are taking advantage of this system. However, these programs can introduce problems, including misdiagnosis of medical issues and an increase in medication errors. History shows that malpractice suits tend to rise with technological advances, as this has certainly been the case with EHRs.

Types of Error

Responsibility for medical blunders lies with both humans and computers. For example, program design requires a specific order of documentation. In one case, a patient’s allergy was documented by a nurse, but not electronically posted in the program until after the doctor had completed the exam notes. The doctor’s ill-informed prescription resulted in an allergic reaction, and a subsequent lawsuit. Other possible EHR mistakes have been reported in court as well. Below is a list of the most common issues.

  • Data entry mistakes, the most obvious human error, are responsible for the majority of lawsuits.
  • Automatic fill-in and default templates are not reviewed properly, resulting in misinformation.
  • Copy-and-paste errors occur when medical staff is not careful with chart reviewing.
  • Improper training can lead to misuse of the program.
  • Lack of system alerts can cause medical professionals to overlook important information.
  • System failures can wreak havoc on many levels.
  • Patients can misinterpret information.

In the Courtroom

In the past, hand-written records could be deemed illegible in a courtroom. However, this problem does not occur with electronic records. While any combination of human or technological error may have occurred, courts consider EHR as official documentation.

Also of concern is the extensive amount of data available in electronic medical records. With so much more information to sift through, it is easier to overlook important medical details.

Heavy debate also surrounds the authenticity and dependability of electronic health records. These programs are responsible for processing payment, as well as documenting health records and multiple other tasks. The debate questions the exchange of insurance coding and other information between two or more parties. Who has access to the program? Can they manipulate medical portions of the program to affect billing outcomes? These are important points to consider when involved in a possible malpractice lawsuit.

Standard of Care

The evolution of the electronic medical record could create a shift in the legal standard of care that is expected of physicians. “Clinical decision guidelines” are installed in each program by manufacturers. A physician may, in good faith, choose a different course of treatment for a patient. By overriding a program alert, he or she could be held liable for malpractice. This potential for confusion and misinterpretation of who defines “standard of care” has instigated a recent discussion and will undoubtedly be considered in future cases.

Malman Law Can Help

With approximately 2,000 statutes and regulations governing these electronic programs, there are still many loopholes that can result in doctor and patient error. If your health has been compromised due to an electronic health record error, understanding your legal options is essential. The changing technological tides in the medical world can be overwhelming. Pursuing a medical malpractice lawsuit may seem equally daunting, but the team at Malman Law is committed to making the process as smooth as possible. We have successfully obtained compensation for countless clients, and we want to help you. Contact us today for a free consultation.

The post Electronic Health Record-Related Malpractice Suits on the Rise appeared first on Malman Law.

]]>
http://www.malmanlaw.com/Malman-Law-Injury-Blog/electronic-health-record-related-malpractice-suits-on-the-rise/feed/ 0
Work Injuries May Result in Poverty http://www.malmanlaw.com/Malman-Law-Injury-Blog/work-injuries-may-result-in-poverty/ http://www.malmanlaw.com/Malman-Law-Injury-Blog/work-injuries-may-result-in-poverty/#comments Fri, 19 Jun 2015 13:00:33 +0000 http://www.malmanlaw.com/?p=4251 In the state of Illinois, an employee must show that “he or she has sustained accidental injuries arising out of and in the course of employment” to receive workers’ compensation benefits. However, since the passing of the 2011 workers’ comp reform law, these benefits have begun to diminish in an effort to protect employers from … Continue reading Work Injuries May Result in Poverty

The post Work Injuries May Result in Poverty appeared first on Malman Law.

]]>
workers compensationIn the state of Illinois, an employee must show that “he or she has sustained accidental injuries arising out of and in the course of employment” to receive workers’ compensation benefits. However, since the passing of the 2011 workers’ comp reform law, these benefits have begun to diminish in an effort to protect employers from rising costs. In fact, a new workers’ compensation proposal from Governor Bruce Rauner aimed to further reduce the already scaled-back benefits. House Democrats had something else in mind, however.

With the 2011 reform, workers voluntarily forfeited rights in exchange for reduced insurance costs. Unfortunately, employees haven’t really received that for which they bargained. An almost 20 percent reduction in policy premiums was recommended by the National Council on Compensation Insurance, but the insurance companies have refused. Some evidence even suggests that workers’ comp premiums have increased since the reform.

From Middle-Class to Poverty

Workers’ compensation benefits are often a financial lifesaver for people who can no longer work due to injuries suffered on the job. If an individual relies on his or her income and that income is lost, the threat of poverty becomes very real. Sometimes workers’ comp is the only thing standing between injured workers and a life of poverty.

Increased poverty equals increased taxpayer-funded public aid. Injured workers with no choice but to rely on food stamps and other forms of public assistance bring no economic benefit to Illinois. For this reason, among others, House Democrats in Illinois believe that it is in everyone’s best interest to prevent the middle class from slipping into poverty for preventable reasons. Insurance companies agreed to this plan in 2011, and they should be held to their word.

According to a recent statement from Speaker Michael Madigan-D Chicago,  “We believe workers’ assistance can be reformed without hurting middle-class families. Our reform legislation will ensure savings for employers while protecting the livelihoods of injured workers.”

As of June 3rd, a new reform bill has been passed. The new bill includes safety programs, return to work programs, and updated premium calculations. Additionally, the bill waives the fee for the self-insurer. Although the governor worries that this bill will only hurt businesses, one thing is for certain – the rights of injured workers in Illinois have just been given a serious boost.

Malman Law – Chicago Workers’ Compensation Attorneys

If you have been injured on the job, you have rights. Workers’ compensation coverage is intended to protect employees from financial disaster if they suffer a work-related injury. Workers’ comp benefits cover a wide range of associated costs, including medical bills, prescriptions, pain and suffering, and lost wages. If you feel that your workers’ comp claim has been unfairly denied, Malman Law can help. We have been protecting the rights of Illinois employees for years. Our knowledgeable, experienced legal team knows how to navigate the complexities surrounding all facets of employment law. We understand the changing landscape of workers’ compensation in Illinois, and we will fight to get you the compensation you deserve. Contact us today for a free consultation.

The post Work Injuries May Result in Poverty appeared first on Malman Law.

]]>
http://www.malmanlaw.com/Malman-Law-Injury-Blog/work-injuries-may-result-in-poverty/feed/ 0
June is National Safety Month http://www.malmanlaw.com/Malman-Law-Injury-Blog/june-is-national-safety-month/ http://www.malmanlaw.com/Malman-Law-Injury-Blog/june-is-national-safety-month/#comments Tue, 16 Jun 2015 13:00:09 +0000 http://www.malmanlaw.com/?p=4248 Every June, as summer officially begins, the National Safety Council celebrates National Safety Month. Thousands of organizations across the U.S. help the Council bring awareness to the importance of safety in our homes, highways, and communities. This year the Council is including the subjects of transportation safety and emergency preparation. Slips, trips and falls are … Continue reading June is National Safety Month

The post June is National Safety Month appeared first on Malman Law.

]]>
safetymonth-juneEvery June, as summer officially begins, the National Safety Council celebrates National Safety Month. Thousands of organizations across the U.S. help the Council bring awareness to the importance of safety in our homes, highways, and communities. This year the Council is including the subjects of transportation safety and emergency preparation. Slips, trips and falls are on the docket as well. These safety reminders can help prevent injuries, accidents, and death – saving you financial and emotional distress.

Automobile Safety

While technology has increased the level of safety over the past few decades, human error will always remain a factor in safe driving. To avoid a costly, traumatic accident, it is beneficial to remember basic safe driving tips.

  • Defensive driving is vital to avoid incidents with other drivers who may not be as aware. Maintain safe distances from other cars and remain calm in high traffic situations.
  • Reduce distractions by avoiding texting and cell phone use behind the wheel.
  • Extra caution should be taken during inclement weather. In heavy fog, rain, or snow, reduce your speed and remain extra aware of vehicles around you.
  • Always wear a seatbelt. Statics report that over half of car accident fatalities may have been avoided if passengers had been wearing seatbelts.
  • Finally, maintaining your vehicle is imperative. Regularly check for worn tires and belts, working headlights and taillights, and overall engine health.

In Case Of Emergency

From an earthquake to a broken arm, being prepared for an emergency will prove advantageous when you least expect it. If you have a pre-existing medical condition like diabetes or heart disease, planning for an emergency can indeed save your life. Firefighters, emergency medical technicians (EMT), and emergency room staff all work with the ICE acronym: In Case of Emergency. This consists of easily accessible medical information they need to assess your state and diagnostic options during an emergency. Blood type, medications, next of kin contact, primary care practice, and basic insurance information are all documented in one place. Programming this information under “ICE” in your cell phone or flash drive will help emergency responders find the vital information they need.

Slips, Trips, and Falls

The Center for Disease Control claims that slip and fall incidents are responsible for over a million accidents per year. Head traumas, back injuries, and orthopedic injuries can result in a lifetime of chronic pain and financial stress. Common causes of accidents include:

  • Torn, frayed, or wrinkled rugs
  • Holes, cracks, or breaks in flooring
  • Wet and slippery floors
  • Uneven stairways
  • Excessive clutter or debris
  • Icy sidewalks
  • Pavement with cracks or potholes
  • Uneven ground

Malman Law – Personal Injury Attorneys Serving Chicago

At Malman Law, our hope is that safety practices remain a top priority in everyone’s lives. However, when accidents occur, you may be entitled to compensation. Expensive medical bills can ruin your credit. Chronic pain can change your quality of life. From vehicle injuries and workers’ compensation to medical malpractice and slip and fall injuries, Malman Law is here to help you get on with your life. If you reside in Lansing, Matteson, Olympia Fields, or the Chicagoland area, contact Malman Law to explore your legal options.

The post June is National Safety Month appeared first on Malman Law.

]]>
http://www.malmanlaw.com/Malman-Law-Injury-Blog/june-is-national-safety-month/feed/ 0
Trucking Accidents and How They Happen http://www.malmanlaw.com/Malman-Law-Injury-Blog/common-causes-of-trucking-accidents-2/ http://www.malmanlaw.com/Malman-Law-Injury-Blog/common-causes-of-trucking-accidents-2/#comments Fri, 12 Jun 2015 13:00:53 +0000 http://www.malmanlaw.com/?p=4101 Trucking accidents can change lives in an instant. Anyone involved in an accident with a large truck may find searching for a cause to be confusing and exhausting. As with car accidents, drivers and equipment play huge roles in each situation. However, with large trucks even more complications may arise. Parties involved can include truck … Continue reading Trucking Accidents and How They Happen

The post Trucking Accidents and How They Happen appeared first on Malman Law.

]]>
truck accident attorneyTrucking accidents can change lives in an instant. Anyone involved in an accident with a large truck may find searching for a cause to be confusing and exhausting. As with car accidents, drivers and equipment play huge roles in each situation. However, with large trucks even more complications may arise. Parties involved can include truck drivers, owners, manufacturers, and shippers. With all these players on the field, an understanding of common causes of truck accidents and the legal ramifications are essential. Though weather and road design may play a role, the most common causes of trucking accidents involve driver error and mechanical failure.

Driver Problems

Road conditions and vehicle safety contribute to the likelihood of truck accidents. However, the Federal Motor Carrier Safety Administration (FMCSA) offers statistics that show truck drivers are ten times more likely to be at fault than any other factor. By far, the most common reason is driver fatigue. Laws called “hours of service rules” provide strict guidelines for legal driving time and necessary rest prior to trucking shifts. For example, drivers can legally drive 11 hours per day, with an additional three non-driving hours on the clock. There must be at least 10 consecutive hours of time off to rest between shifts. In cases where driver fatigue is suspected, possible violations can be tracked. Law requires drivers to log hours. Time stamped records of deliveries can also provide documentation of hours. In some cases, trucking companies have been found misrepresenting driving logs. These forms of documentation are important in tracking liability.

Drug use is another cause of trucking accidents. Trucking companies must follow anti-drug regulations by testing employees as a condition of employment. Random drug testing of on-duty drivers is also required. However, the Department of Transportation (DOT) has investigated cases in which drivers use tricks like synthetic urine to ensure a false negative. Since such findings, the DOT has required companies to obtain copies of drug tests from previous employment. Use of any controlled substance not prescribed by a physician is illegal and can be used to prove liability.

Other causes of accidents related to driver error include blind spots and rollovers. A large truck’s blind spot is known as a ‘no-zone.’ When a car passes in this zone, chances of accidents statistically increase by 60 percent. Rollovers occur when a driver misjudges curves. Misjudging weight distribution and speeding are rollover causes as well. Unfortunately, rollovers are quite common and many times fatal.

Defective Brakes

Truck brakes require a certain level of maintenance to remain safe. Brake issues cause 29.4 percent of trucking accidents according to the DOT. Brake manufacturers must follow strict safety regulations to legally offer their product. They may be liable if:

  • Safety regulations are side-stepped
  • Mistakes during manufacturing caused defects
  • Manufacture recalls occurred

Owner, driver, and company negligence may also affect brake safety. Blame may lie with more than one party involved. The following are examples of driver and company negligence:

  • Front brakes were depowered to avoid wear and tear costs
  • Improper maintenance and necessary logs (including air leaks, brake shoe and component checks)
  • Failure to conduct pre-trip inspection of tractor/trailer equipment

Contact Malman Law – Truck Accident Lawyer

Illinois and federal trucking and manufacturing laws involve many different players. Relationships between owners, drivers, hauling companies, and manufacturers can be complicated. The personal injury attorneys at Malman Law have helped countless clients obtain the compensation they deserve. If you’ve been injured, call today for a free consultation.

The post Trucking Accidents and How They Happen appeared first on Malman Law.

]]>
http://www.malmanlaw.com/Malman-Law-Injury-Blog/common-causes-of-trucking-accidents-2/feed/ 0
Tips for Choosing a Good Nursing Home http://www.malmanlaw.com/Malman-Law-Injury-Blog/tips-for-choosing-a-good-nursing-home/ http://www.malmanlaw.com/Malman-Law-Injury-Blog/tips-for-choosing-a-good-nursing-home/#comments Tue, 09 Jun 2015 13:00:44 +0000 http://www.malmanlaw.com/?p=4050 When choosing a nursing home for your loved one, focus on four main principles: location, quality of life, level of care, and cost. There are many underlying factors that support each of these principles. Below are various tips to help you grade a facility in each category. The first step in the process is to … Continue reading Tips for Choosing a Good Nursing Home

The post Tips for Choosing a Good Nursing Home appeared first on Malman Law.

]]>
nursing home abuse attorneyWhen choosing a nursing home for your loved one, focus on four main principles: location, quality of life, level of care, and cost. There are many underlying factors that support each of these principles. Below are various tips to help you grade a facility in each category.

The first step in the process is to identify potential nursing homes in your desired geographical location. Generate a list of facilities in that location and review their ratings. Nursing homes are rated on a scale of one to five stars. Medicare.gov offers a Nursing Home Compare option, which allows the user to compare nursing homes in a specific zip code, city, or state. Each nursing home is rated in four different areas, including:

  • Overall Rating
  • Health Inspections
  • Staffing
  • Quality Measures

Schedule a Visit

The next step is to schedule a visit with the highest-rated nursing homes on your list. When visiting, ask tough questions. Pay attention to the residents. Do they appear happy, comfortable, and well groomed? Similar attention should be paid to staff and staffing policies. Do staff members appear to enjoy their jobs? Are they warm and friendly when interacting with residents? A very clear indicator of unhappy staff is heavy turnover. Ask workers how long they have been employed at that particular facility.

Consistent Assignment

An important component of high-level care is “consistent assignment,” which means that nurses and aides care for the same residents on the majority of their shifts. Consistent assignment allows residents to build relationships with certain nurses or aides, providing an added level of comfort and security. This is also helpful when a resident suffers from conditions such as dementia. When residents can consistently work with a particular staff member who is trained to handle their specific conditions, it can have a significantly positive impact on quality of life.

Safety and Cleanliness

The condition of the building should be closely observed. Cleanliness and safety are paramount in a nursing home. Foul odors, such as urine or trash, could indicate poor cleaning practices. Similarly, take notice of any potential safety hazards such as frayed carpets and the absence of fire extinguishers. The facility should be diligent in meeting state health and safety standards.

Contact Malman Law

The attorneys at Malman Law have years of experience helping victims of nursing home abuse and neglect. While the majority of nursing homes have their residents’ best interests in mind, this is not always the case. We have helped countless clients obtain financial compensation for nursing home abuse and neglect. Illinois nursing home residents have a broad range of rights about how they should be treated. We can help if you believe your care, or the care of a loved one, was unreasonable, negligent, or injurious. Malman Law will fight for your rights. Contact us today for a free consultation.

The post Tips for Choosing a Good Nursing Home appeared first on Malman Law.

]]>
http://www.malmanlaw.com/Malman-Law-Injury-Blog/tips-for-choosing-a-good-nursing-home/feed/ 0
Traveling Safely This Summer http://www.malmanlaw.com/Malman-Law-Injury-Blog/traveling-safely-this-summer/ http://www.malmanlaw.com/Malman-Law-Injury-Blog/traveling-safely-this-summer/#comments Fri, 05 Jun 2015 13:00:47 +0000 http://www.malmanlaw.com/?p=4090 All over the country, summer is vacation season. Most vacations involve travel, and with travel comes an increased risk of accident and injury. That being said, taking vacations is essential to recharging, refreshing, and enjoying life. Instead of foregoing this summer’s vacation to avoid heavy traffic, flat tires, and aggressive or distracted drivers, use the … Continue reading Traveling Safely This Summer

The post Traveling Safely This Summer appeared first on Malman Law.

]]>
personal injury lawyerAll over the country, summer is vacation season. Most vacations involve travel, and with travel comes an increased risk of accident and injury. That being said, taking vacations is essential to recharging, refreshing, and enjoying life. Instead of foregoing this summer’s vacation to avoid heavy traffic, flat tires, and aggressive or distracted drivers, use the following safety tips to reach your destination safely.

Prepare your vehicle for the trip. Make sure the tires are properly inflated and the tread isn’t excessively worn. If you are not auto-savvy, have a mechanic check the engine, battery, belts, and other parts to ensure everything is in working order. Test the lights and wipers, make sure the wiper fluid is full, and clean the windshield. An emergency road kit (including a flashlight and jumper cables) can be extremely useful if you get stranded.

Always utilize safe driving practices. Wear your seatbelt, don’t drive if you’re tired, and don’t drink and drive. If your vehicle develops problems along the way (flat tire, engine trouble, smoke coming from the hood), immediately pull off the main road and do the necessary repair work or call for help. If possible, do not stop on the shoulder of the highway. This is not a safe area for repair work.

Distracted driving kills. If you need to make a call, pull off the road before doing so. Even hands-free phone usage takes your attention away from the road. Never text, email, or make phone calls while driving. Similarly, you should never watch videos on an iPad, smart phone, or any other device. Looking at GPS screens and manually entering destination information are equally distracting. If anything other than the road requires your attention, pull over and take care of it. Distracted driving puts you and everyone else on the road in danger. In addition to technology-related distractions, eating while driving, changing radio stations, and angry-driving can be just as dangerous. Also, remember that other drivers may be distracted. Always drive defensively and keep ample distance between you and the car in front of you.

Plan ahead. Estimate the duration of your driving time and let others know when you plan to arrive. Have a cell phone charged in case you run into trouble on the road. Expect to encounter various “obstacles,” such as construction, accidents, car trouble, road closures, and detours. Avoid hazardous road conditions at all costs. Although snow and ice are not a concern in summer, other situations (such as flooding, fog, and heavy rain) may arise.

To reach your destination safely, here is a recap of the above tips:

  • Prepare your vehicle with proper maintenance and cleaning
  • Don’t drive tired
  • Don’t drive aggressively
  • Never drink and drive
  • Keep your focus on the road
  • Drive defensively
  • Avoid hazardous conditions
  • Plan

Contact Malman Law – Car Accident Attorney

At the law offices of Malman Law, we understand that the summer travel season is a favorite time of year for many families. We also know that increased travel comes with increased risks. If you have suffered injuries in any kind of vehicle accident, we can help. Malman Law has helped countless personal injury clients, and we want to help you. Call today for a free consultation about your case.

The post Traveling Safely This Summer appeared first on Malman Law.

]]>
http://www.malmanlaw.com/Malman-Law-Injury-Blog/traveling-safely-this-summer/feed/ 0
How to Avoid On the Job Injuries http://www.malmanlaw.com/Malman-Law-Injury-Blog/how-to-avoid-on-the-job-injuries/ http://www.malmanlaw.com/Malman-Law-Injury-Blog/how-to-avoid-on-the-job-injuries/#comments Tue, 02 Jun 2015 13:00:13 +0000 http://www.malmanlaw.com/?p=4070 Work injuries can range from minor (carpal tunnel syndrome) to severe (falls from high places). Some of the more serious injuries can be life-threatening and even fatal. However, the majority of injuries fall somewhere in between these extremes. On the job injuries can occur to any worker in any vocation, and the vast majority are … Continue reading How to Avoid On the Job Injuries

The post How to Avoid On the Job Injuries appeared first on Malman Law.

]]>
workers compensation attorneyWork injuries can range from minor (carpal tunnel syndrome) to severe (falls from high places). Some of the more serious injuries can be life-threatening and even fatal. However, the majority of injuries fall somewhere in between these extremes. On the job injuries can occur to any worker in any vocation, and the vast majority are preventable. The following four injuries account for over 70 percent of annual workers’ compensation claims.

Overexertion. These injuries are most common and typically come from excessive lifting, pulling, pushing, or carrying.

Falls (high level and same level). Falls from high places are typically more serious than those from a level place. However, both can cause serious injury, and combined they account for over one quarter of all workplace injuries.

Bodily reaction. Excessive standing, sitting, bending, and climbing can cause adverse bodily reactions in workers. Tripping over objects and slipping on slick or wet floors can have similarly injurious effects.

Being struck by an object. If a tool falls from a high place or the arm of a machine swings outward, a worker can be struck. These injuries can be extremely serious.

Methods of Reducing Workplace Injuries

Overexertion can be reduced or avoided by asking for help when a physical task is too much. For example, if you are moving from one office to another and certain items are too heavy for you to lift or carry (such as a desk, heavy boxes, or a filing cabinet), ask another worker to help. If the task is part of your job (such as loading heavy items into a truck), there may be tools or devices to assist you. If the task if part of your job and there are no available devices to ease the burden, training in proper technique may be beneficial.

Falls from level places can be avoided by keeping your work area clean and clutter free. The majority of same level falls occur when workers trip over improperly placed items. High level falls, on the other hand, are often caused by faulty ladders and scaffolding. In order to prevent this potentially life-threatening accident, make sure all ladders and scaffolding are in excellent working condition at all times.

There are numerous ways to prevent serious injury from being struck by an object. Begin by stacking materials properly to prevent items from sliding and falling. If your work environment is high-risk for these injuries (factories, warehouses), always wear hardhats and the appropriate protective gear. In addition to the above tips, never work under heavy machinery while it’s being operated.

Contact Malman Law – Personal Injury Attorneys

If you have suffered from an on the job injury, we can help. The personal injury attorneys at Malman Law understand the emotional, physical, and financial costs of workplace injuries. In addition to potentially serious pain and debilitating injury, you are likely suffering from the financial burden of medical bills and lost wages. Contact the law offices of Malman Law today for a free consultation about your case.

The post How to Avoid On the Job Injuries appeared first on Malman Law.

]]>
http://www.malmanlaw.com/Malman-Law-Injury-Blog/how-to-avoid-on-the-job-injuries/feed/ 0