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Chicago Wrongful Death Law Blog

How is a defective product complaint filed against a seller?

Residents of Illinois will agree that purchasing any product has never been easier. A consumer can walk into a store or make a purchase by phone or online through the manufacturers' or retail seller's website. However, purchasing via phone or the Internet increases the chances of receiving a defective product.

Once a consumer realizes that a purchased product is defective, the first step is to notify the seller. The consumer can call or email customer service to arrange for an exchange or refund. The person can also report the issue to the company's consumer affairs division, which oversees such complaints. The contact information is usually available on the warranty, product label or other documents provided upon purchase.

Two workers killed in Illinois plant explosion

According to the law in Illinois, every employer should ensure that the workplace is free from all known dangers. The employer should train employees on proper safety procedures and also warn them of the possible dangers at work. However, an Illinois construction site injury or accidents resulting from dangerous tools or falls from heights can still occur. Recently, two men were killed and another was injured at an Illinois recycling company.

According to sources, the recycling company recycles many items for industrial contractors, including military shells. Last month, a mortar shell went off during the recycling process. The police chief and fire department of Granite City were informed of this explosion in the early morning hours. However, they were not able to immediately respond to the incident due to safety concerns. Two workers were killed in the incident, while a third worker was sent to a St. Louis hospital.

Safety and adherence to laws important during boating

Many people from Illinois enjoy outdoor recreational activities. Hiking, biking, waterskiing and boating are some of the most preferred outdoor activities. However, while doing such fun and active activities, there is also a likelihood of accidents. Safety information, training and laws have been created and are mandated to help reduce accidents.

Boating is one such activity where an accident can prove to be fatal. The Illinois Department of Natural Resources Marine Unit and the United States Coast Guard work together to prevent boating accidents. They ensure that the laws are followed by the boaters, confirm that watercrafts are inspected and respond to boating accidents.

Is there any time limit on filing a medical malpractice case?

Many people, including residents of Illinois, go to the hospital, even when they have a minor injury or a high fever. In some cases, however, the visit may cause additional injuries due to medical negligence or some other type of medical malpractice.

After some time, the person may determine that something went wrong during the medical procedure and that the recovery may take a long time or even that full recovery may not be possible. Sometimes, the wrong medical procedure also may result in death of the patient. Also, in certain cases, the health of the person may continue to deteriorate. While there may be many possible reasons to consider filing a medical malpractice claim, it is important to understand that Illinois law imposes a time limit on the filing of a medical malpractice lawsuit.

How are nursing homes inspected and regulated in Illinois?

Illinois families often keep elderly family members in nursing homes so that their safety is ensured and that they are provided with adequate healthcare. Doctors are readily available to care for nursing home patients, rendering these places suitable for people who are weak or suffering from illnesses. However, elder abuse, malnutrition, bed sores and even death are sometimes reported from some nursing homes.

To ensure that nursing home occupants receive good care from authorized nursing home staff, many private and public agencies regulate, license and inspect nursing facilities. The U.S. Department of Health and Human Services' Centers for Medicare and Medicaid Services and Illinois Department of Public Health are two such agencies that keep a check on nursing homes. However, in some cases, these agencies may have overlapping jurisdictions.

Medical devices recalled due to safety concerns

Residents of Illinois may remember the recalls related to pelvic mesh implants and hip implants. After documents from the company that manufactured the hip implants showed there was a high risk of failure of the products, which could affect 40 percent of patients using the device, patients were forced to remove the devices and replace them. The pelvic mesh implants, which were used for pelvic organ prolapse and urinary incontinence, were recalled after they were linked to pain and serious injuries.

Around 8,000 patients had to replace the hip implants and the company is facing a large number of medical products liability lawsuits all around the world following the recall. The pelvic mesh implants that were recalled two years back were the focus of 30,000 lawsuits from patients who used them. Recalls of these products led to bad publicity for the company and billions of dollars in lawsuits.

OSHA concerned over rise in construction accidents

Many Chicago construction workers are seen on high-rise buildings, which projects often use scaffolding for support. Height risks as well as the use of heavy machinery and dangerous equipment can lead to injuries and even deaths in workplace. Statistics from the Census of Fatal Occupational Injuries show that 806 construction workers died on the job in 2012, up 9 percent from the previous year.

The current housing industry boom has caused workplace accidents to rise. An OSHA spokesman stated construction workers represent 7 percent of the total U.S. workforce. However, they account for 17 percent of workplace deaths. Residential construction deaths have increased in the past few years which have OSHA concerned. In 2012, 89 deaths were reported on residential construction sites as compared to 72 in the previous year.

Three bills on boating safety signed into law in Illinois

Many people, especially children, enjoy the recreational activity of riding an inner tube while being towed by a boat. However, the same kind of activity left tragic memories for an Illinois Senator. Her 10-year-old nephew, who was enjoying the ride, was killed in a boating accident on July 28, 2012. He was struck by a drunk boater after he fell off the tube and was bobbing in the water.

To prevent such accidents in the future, the Senator has sponsored three bills, which were signed into law by the Governor on July 5. Two of the laws directly deal with the unfortunate incident that occurred two years ago, while the third relates to general safety procedures while boating. After these laws go into effect, boating DUIs will now be treated like drunk driving offenses. A drunk boater may now face an Illinois serious injuries lawsuit and may lose their boat if the offense is repeated.

Failure to diagnose cancer causes delay in treatment

When a person feels sick, it is recommended by health professionals to not take over the counter medicines and instead visit a doctor. This is done by people in Illinois with the firm belief that the doctor will be able to correctly diagnose their illness, help the patient get correct treatment on time, and ultimately stop the disease or infection from spreading; sometimes though, the doctor may fail to properly diagnose the medical condition.

This happened in a case where the parents of a boy who was suffering from a fever took him to a hospital in Illinois. The same doctor examined the boy 13 times and repeatedly informed the parents that the child was suffering from persistent fever. Upon a request by the parents, the doctor also examined a swelling that had formed on the boy's left buttock. The boy was subsequently taken to a children's hospital where he was diagnosed with a slow-growing cancer.

Elder abuse may be prevalent in Illinois nursing homes

Family members usually do their best to take care of and provide for their elderly loved ones. However, there can be a stage in life when the elderly person is not be able to take care of themselves and may have to be admitted into a nursing home. The family should be confident that their loved ones are safe in the nursing home with professionals to care for their needs. However, this is often not the case, as can be seen in a recent event when a nursing home staff member from Illinois was arrested after allegedly hitting a disabled resident.

According to officers, the 27-year-old nursing home staff member hit a disabled resident in the face, causing injuries to the resident's head. The disabled resident was subsequently treated in a hospital and released. The nursing home worker was arrested and charged with aggravated battery to a disabled person. The Illinois Department of Public Health and Quincy Police Department are investigating the incident.

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