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Chicago Wrongful Death Law Blog

ADR to solve medical malpractice cases: Part II

In most cases related to medical malpractice, Illinois residents usually think of the traditional litigation approach. However, it has been found that traditional litigation procedures are not only more time-consuming but also can be more expensive than newer alternative methods. Since court costs are often a hurdle for families who have already incurred huge medical bills, such alternative dispute resolutions can be a more effective solution to get justice for the victims. One of the most common forms of alternative dispute resolution mechanisms is the process of mediation.

Mediation is a voluntary agreement by both parties and an alternative dispute resolution in medical malpractice disputes. Thus, the parties also resolve a right to opt out of the traditional process in cases where the traditional process may take longer or be more expensive in a medical malpractice case.

ADR to solve medical malpractice cases: Part I

Victims of medical malpractice in Illinois not only suffer from serious injuries that can lead to lifelong disabilities, but often also suffer serious financial difficulties due to the exorbitant medical bills that are incurred. In some cases, although the patient has suffered from serious injuries due to the doctor's negligence or has even died, the family may choose not to go through a lengthy legal procedure against the hospital and the doctor because they fear that they will not be able to emotionally or financially handle a lengthy court procedure. Research produced evidence that revealed that only 3 percent of injured patients actually sued for medical negligence.

An alternative dispute resolution mechanism, like arbitration or mediation, can be an option. Such alternative dispute resolution options are often preferred by medical institutions and the families of the victims who believe that the matter would have greater confidentiality and privacy during a difficult time.

Toddler drowns in swimming pool in Illinois

Illinois residents often look forward to spending time in swimming pools in order to have fun with their friends and families and to cool off during hot summer days. However, swimming pools can be very dangerous if swimming pool owners and public pool owners are not vigilant about the maintenance of the pools. Since a lot of children also use swimming pools, maintaining such pools has become especially important because they can be extremely dangerous for young children and toddlers.

A 1-year-old boy from Aurora died recently when he drowned in his own family's swimming pool. The toddler's 6-year-old sister allegedly found her brother floating in the family's pool late in the evening. All efforts were made to revive the boy, but he unfortunately died. Every attempt by authorities, including the fire department and paramedics, could not save the child, even after administering CPR.

Medical benefits under workers' compensation in Illinois

Many Illinois residents can suffer workplace injuries. These injuries can result in a lifelong impairment or disability and even Chicago work-related deaths. This time of year, when construction in the Chicago area is in full swing, there is a risk of fatal construction accidents, falls from heights, injuries due to dangerous tools and other related incidents.

Employers in the construction industry, as well as other fields, are urged by state authorities to take all necessary precautions and abide by the guidelines provided by the Occupational Safety and Health Administration in order to provide their workers with a safe working environment. Most employers subscribe to the workers' compensation program, which is insurance in case a worker gets injured on the job.

University of Chicago hospital blamed for infant's brain damage

Some of the most vulnerable victims of medical malpractice are newborn infants. Problems and medical complications related to childbirth and delivery often lead to lifelong issues that cause long-term medical issues for newborns. In some extreme cases, the infant might even die due to the negligent actions of the supervising doctor or medical practitioner.

In many cases, medical negligence might even lead to brain damage which causes cerebral palsy, if during delivery the infant suffers nerve damage or injury to the skull during a forceps delivery. In the wake of such tragedy, parents of the injured child often consult professional legal attorneys in order to initiate a lawsuit against the doctor and hospital for causing such irreparable harm to their infant.

How the Pool and Spa Safety Act helps Illinois residents

Public swimming pools throughout the state of Illinois provide a haven for residents to enjoy their leisure time in the water. To ensure the safety of residents who visit, public pools have the responsibility of maintaining a safe environment at their facilities on a daily basis under the Pool and Spa Safety Act. All swimming pools with public access, even swimming pools within residential complexes, are bound by the provisions of the Act.

The attorneys at Healy Scanlon Law Firm have observed several cases of pool injuries where the swimming pool was not up to code under the act. Our highly-experienced team has had success with many personal injury cases, with record-setting verdicts sometimes amounting to multi-million dollar settlements. These settlement amounts can aid a family tremendously in countering the varied costs of an accident.

When Illinois seller's response to complaints are unsatisfactory

When a consumer is not satisfied with a product because of a defect, the first step that the person should take is to file a complaint with the seller. The process for filing such consumer complaints was discussed in an earlier blog post. As that blog post mentioned, it is the duty of a seller to respond to the complaint and to take it seriously. However, in certain cases, a consumer may not be satisfied with the seller's response. Nonetheless, that does not mean that the situation has been resolved. On the contrary, the consumer has the option of involving other appropriate people in order to resolve the situation.

According to the law, consumers who have been harmed by a dangerous or defective product have the right to seek compensation for damages.

Laws related to operation of boats on Illinois waters -- Part II

Summertime is a time when many Illinois residents venture out on Illinois waterways for a fun-filled day with family and friends. As a result, because many people have the same idea, the waterways may get congested. This makes it necessary for the Illinois Department of Natural Resources to enforce laws that ensure the safety of the people using those waterways. Waterway laws are very much like traffic laws. A previous post on the blog discussed some of those basic rules that every boater must follow, if they are operating a boat on Illinois waters.

As discussed in our previous post, the Illinois Boat Registration and Safety Act (IBRSA) states that operating a boat carelessly or recklessly, interfering with navigation and overloading boats are offenses. Similarly, supplying power to a boat in excess of its rated capacity is also an offense. Again, passing, crossing and overtaking other boats must be executed according to the rules stated in the act. The act also emphasizes how a motorboat operator should act when there are sailboats and rowboats in the vicinity.

Recreational activities: boat laws on Illinois waters -- Part I

Summer is arriving and many Illinoisans will be planning weekend boating trips with their family and friends soon. Since many of those people are not regular boaters, it is important for them to understand the various rules and regulations that govern the operation of boats on Illinois waters. The rules and regulations are meant to ensure the safety of regular and recreational boaters. A boating accident can be as devastating and as tragic as any other automotive accident.

According to the Illinois Boat Registration and Safety Act, there are certain rules and regulations that apply to the operation of boats. For example, if a person operates a boat and it results in injuries or property damage, or if the person speeds or does not leave enough distance between the boat and the one in front, it is considered careless operation of a boat.

Construction sites pose many risks to life and limb for workers

People in Illinois who work in the construction industry understand that they can find themselves in some of the most dangerous workplaces. A construction site can present a variety of risks, ranging from cuts and crush injuries to falls and electrocutions. No matter the risk presented to workers, construction sites are required by federal and state law to have all necessary safety measures in place and to post notices of the potential dangers to workers.

A fall is very likely to lead to serious injury or death in any construction accident. A worker can fall from defective scaffolding, an unsecured wall, a slippery roof or unprotected staircases. Defective construction equipment also causes many workplace accidents. Although many types of tools are inherently dangerous because of their working parts and their physical actions, those that have defects such as missing shields or eyeguards are even more dangerous and can maim or kill in an instant.

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