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Chicago Wrongful Death Law Blog

Preventing elder abuse in Illinois nursing homes

Nursing home abuse is a heartbreaking reality in Illinois. Many elderly residents have fallen victim to such abuse often at the hands of nursing home staff. Many senior residents of Illinois live in the nursing homes due to prolonged illnesses and the need for constant medical care. However, many family members are often unaware of the daily abuse and neglect faced by their elderly members living in such institutions.

Illinois laws strictly prohibit nursing home abuse, which can take various forms such as physical and emotional abuse and sexual and psychological trauma inflicted on the elderly. Sometimes, nursing home staff may isolate an elderly patient, completely ignoring and neglecting the patient's physical well-being. Visiting family members must monitor their loved one's behavior and overall physical condition to detect any sign of neglect or nursing home abuse.

How does the law protect Illinois children from unsafe products?

Illinois parents want to be confident that products they buy for their children are safe. The Consumer Product Safety Improvement Act was enacted by Congress to protect consumers from the effects of unsafe products. Product safety, especially for items such as toys that are used by infants and toddlers, is a very important area of concentration for consumer safety authorities.

Products meant for children are a major priority of U.S. consumer safety laws. The CPSIA provides that every product meant for consumption by children must comply with safety parameters established by the Act. The Act provides a four-pronged test used to assess the safety of products:

  • All products must meet all child safety policy rules established by the government and enforced by consumer protection legislation.
  • Products developed for use by children must be tested for safety in a laboratory approved by the Consumer Product Safety Commission. Some exceptions may be made as provided by law.
  • The product must have a certificate to provide evidence that the product meets all child safety rules.
  • Where practicable, the product must have tracking information on the product and its packaging. The information must identify the manufacturer, date of manufacture, production date and location, and other information.

Ruling strips cruise lines of immunity for medical negligence

Until recently, victims of medical negligence that occurred on cruise ships were unable to seek compensation due to a series of court decisions that protected the cruise lines from liability. The most recent of these decisions, the Barbetta ruling of 1988, said that passengers cannot expect the same standard of medical facilities on board a cruise ship as on land and that doctors and other medical staff on the cruise liners were independent contractors over whom the cruise company had no direct control.

However, a federal appeals court recently overruled the Barbetta ruling, calling it outdated.

Chicago lawyers for those injured in recreational activities

Many Illinois residents love outdoor recreational activities like such as boating and jet skiing. Unfortunately, these outdoor activities can sometimes end in serious injury or even death. Many accidental injuries are caused every year due to sporting activities. The attorneys at The Healy Law Firm have years of experience in pursuing compensation for personal injury victims.

A boating accident or jet skiing accident can cause serious head injuries including brain injuries, neck injuries and spinal injuries. Injuries like this can result in overwhelming medical expenses, as well severe disability and loss of enjoyment of life.

Illinois' statute of limitations for medical negligence cases

Every year many and varied medical malpractice lawsuits are filed in Illinois. Medical malpractice or medical negligence is any act or omission to act when caring for a patient which digresses from the applicable standard of care in medical practice and results in injury to the patient.

Like most civil lawsuits, medical malpractice lawsuits in Illinois are subject to a statute of limitations, which requires a lawsuit to be filed within a certain period of time. Under Illinois law, a medical negligence case can be initiated within two years from the date the claimant discovered, or should have discovered, the death or injury. In no event, however, can the lawsuit be brought more than four years after the negligent act or omission. Additional time may be available if the victim was a minor or other some disability at the time of the negligent act, or if the defendant fraudulently concealed the malpractice.

Stryker settles product liability investigations for $80 million

Illinois product liability law flows from the principle that a manufacturer can be liable for injuries or deaths caused by a product that is unreasonably dangerous when put to its intended use. A product can be unreasonably dangerous due to a defective design, a manufacturing defect or the failure to provide adequate warnings of potential hazards.

Medical products can be dangerous if defective. Stryker Corporation, a manufacturer of orthopedic devices, recently settled civil and criminal investigations by the U.S. Justice Department stemming from Stryker's marketing of its orthopedic knee replacement product. The matter was finally settled by the company for a whopping $80 million.

The state of boating accidents in Illinois

Poet Dante Gabriel Rossetti once said, "the sea had no king but God alone". Man has been drawn to open waters for ages. But as serene as open waters may be, one must never forget that tumultuous water may be dangerous for even the strongest of boaters.

Recreational boating activities are thus subjected to strict regulations to ensure the safety of all boaters. The Department of Natural Resources in Illinois has even started educating people regarding boating accidents free of charge in an effort to ensure a safe boating experience. The free courses put an emphasis on becoming aware of current boating laws and restrictions.

An Illinois lawyer can help in an unwarranted nursing home death

Nursing home deaths and other types of medical malpractice have become a serious problem in Illinois. Unfortunately the most vulnerable to nursing home neglect and nursing home abuse are senior citizens.

Nursing home abuse of the elderly, though a growing problem, is still highly overlooked. The elderly more often than not complain less than their younger counterparts. Such patience of the senior citizens may not however always be rewarded by the nursing home staff. Elder abuses in a nursing home include mental, verbal, physical and even sexual abuse. The attorneys at The Healy Law Firm have championed the cause of the elders and other victims of nursing home deaths for decades.

Reasons behind increasing medical negligence disturbing

As medical science has advanced, people around the country, including in Illinois, have become ever more reliant on medical care to address illnesses and other conditions that could cut short their life or lives of loved ones. As medical facilities have increased, so have the expectations of patients. Unfortunately, the chances of medical errors have also increased, resulting in more litigation by victims.

Many Chicago medical malpractice professionals agree that medical negligence has become an epidemic the past few decades. Thousands of patients are harmed by or lose their lives to medical injuries every year. As a result, medical negligence lawsuits have increased as patients have become more aware of what constitutes medical error.

Are death benefits payable for an IL construction site injury?

In Illinois, work-related deaths occur due to a variety of reasons, such as construction accidents, defective roof structures on the construction site, falls from heights, unsafe ladders and scaffolding supplied by the employer or dangerous tools used by the employee.

A construction vehicle injury, trench collapse or other such incident can result in the death of the employee. An Illinois construction site injury resulting in death is one of the more unfortunate fates that a worker and his or her near and dear ones can suffer. However, legal recourse is available for survivors of the deceased in order to claim compensation for expenses related to the misfortune.

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