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Chicago Wrongful Death Law Blog

Less workers' compensation claims being filed

The cost of workers' compensation has gone down significantly across the nation over the past 15 years. In a neighboring state of Illinois, the numbers of claims fell from 8.7 per 100 full-time workers to 4.9 claims per 100 workers in 2010.

All employers are required to purchase workers' compensation insurance and probably more workers are covered than ever. What probably has greatly contributed to the reduction of workplace accident claims is simply that workplaces have been made safer over the years.

Nursing home neglect and Medicare Fraud

Periodically we hear stories concerning neglect of patients in our Illinois nursing homes. As it turns out, nursing home abuse is unfortunately wide spread throughout the nation because of a system that invites corruption and neglect.

It is estimated that owners of nursing homes take in $32.9 million from Medicare and Medicaid, but such funds are often pocketed by the owners and never used for resident care. Little attention paid to temperature control, trash piling up in residents' rooms, the presence of rodents, and problems with mold and mildew were just some of the problems that have been routinely reported in many nursing homes.

Asbestos related diseases are killing our fathers

A writer for Forbes magazine tells a poignant story about his father and his exposure to asbestos. Such exposure was to kill his father from an asbestos-related disease known as mesothelioma.

The writer tells about how his father, a pipefitter for the railroad for 42 years, came from hardy stock. The writer's uncle from Chicago lived to be 96-years old and was healthy throughout most of his life. The writer believes that the same fate should have been reserved for his father.

Chicago driver killed by wrong-way driver

A Chicago Tribune employee was on his way to office one early morning. Though Chicago police had received several reports of a driver heading the wrong way down the Bishop Ford Freeway, authorities were unable to stop this driver before crashing into the vehicle driven by the man on his way to work. The longtime employee was thus killed in the fatal car accident.

The car driven by the suspected drunk driver after striking the other vehicle then veered off and struck a tanker truck. The driver had a suspended license and did not have the proper insurance. The car accident was serious enough that it resulted in all inbound lanes being closed to the freeway for at least five hours. The freeway remained closed while authorities investigated what occurred.

Surgical error results in retractor left in patient's abdomen

Certain mistakes on the surgical table should just not happen. Most residents in Chicago are fortunate due to the quality medical care. Hopefully no surgical error as occurred in another part of the country will happen in one of our operating rooms.

A patient undergoing surgery for stomach cancer experienced severe abdominal pain almost immediately after the surgery was over and soon begun running a fever. X-rays and scans then revealed that a retractor measuring 8 inches long and 2 inches wide was left in the man's abdomen after the surgery had been performed.

Employers conspired to deny workers' compensation claims

A federal court's ruling concerning workers' compensation claims and denial of benefits could ultimately have consequences in Chicago. The court ruled that too often injured workers were denied such claims because employers or employers' insurers and doctors conspired to come up with fraudulent medical reports favorable to the employer's insurance company and unfavorable to the worker's claim.

The Racketeer Influenced and Corrupt Organizations Act (RICO) was put into place to prevent parties from conspiring to commit such fraudulent acts. The federal court ruled that workers denied workers' compensation claims based upon this conspiracy could bring a claim based under RICO against their employer and employer's insurer.

Nursing home employees fired for abusing resident

The elderly and children are our most vulnerable individuals in society and, sadly, others will often take advantage of their circumstances. In a neighboring state of Illinois, two employees of a nursing home were caught on camera abusing and possibly stealing from a 96-year old woman with dementia.

Family members suspecting that nursing home abuse was taking place at the nursing home hid a camera within the room in an attempt to verify their suspicions. A video was then released to authorities showing the two workers shoving latex gloves into the resident's mouth and also shoving the elderly woman to force her to lie down.

Complications of asbestos related litigation

A former marine recently died of mesothelioma. This individual had sued a number of companies that possibly responsible for his exposure to asbestos, but he unfortunately died before there was any payoff by the defendants.

His lawyers now allege that defendants made the sickened man endure hours and hours of deposition testimony. His doctors had expressed concern that he could not endure more than 12 hours of deposition testimony, but the defendant's lawyers put him through as much as 25 hours of depositions. The plaintiff finally collapsed after the deposition testimony ended and died one day later.

Street sweeper swept through intersection, three died

Some Chicago street sweepers are small and compact and can be used to clear the sidewalks. Other street sweepers are very large and resemble over-sized garbage trucks.

The size of the street sweeper involved in a deadly accident was not mentioned, but it was large enough to cause the death of three family members when it crashed into the family's Toyota Camry.

Cesarean sections and medical malpractice

The rate of cesarean sections performed in Chicago and the United States is high and is now above 30 percent of all deliveries. The World Health Organization (WHO) has suggested that the rate of such cesarean sections should not go above 15 percent of births, but this figure may not take everything into account.

Induction of labor has likely led to more cesarean sections being performed in the United States than in other areas of the world. Still countries with low cesarean section rates are usually undeveloped and often have higher mortality and birth injury rates concerning children that have been born.

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Cavanagh Law Group

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Chicago, IL 60601
Phone: 312-425-1900
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