Chicago Accident and Injury Lawyer Blog

Every month, Chicago personal injury lawyer Jeffrey J. Kroll contributes to the Chicago Daily Law Bulletin in his column Balancing Life and the Law.

In this month's article, "Nuances of emotional damages," Jeff discussed emotional injury in personal injury cases.

Jeffrey J. Kroll is known by his peers to be a leader in Personal Injury and Wrongful Death. As a guest columnist for the Chicago Daily Law Bulletin, he writes about balancing the demands of the practice of law with the demands of personal life.

The Chicago trucking accident lawyers at the Law Offices of Jeffrey J. Kroll support New Jersey Senator Frank Lautenberg's effort to improve commercial vehicle safety programs. The Trucker recently cited Sen. Lautenberg stating: "My bill would require drivers to receive more training before they are granted a license to drive a truck or bus — and it would require more companies to demonstrate that their drivers understand the rules before they hit the road." Sen. Lautenberg hopes "to kick unsafe drivers and carriers out of the industry."

The bill will also require electronic on-board recorders (EOBRs) to monitor the actual time drivers spend on duty. This discussion comes after our country has seen numerous bus accidents and an increase in truck-related highway personal injuries and fatalities.

The Federal Motor Carrier Safety Administration recognized its need for additional technical assistance to improve safety management in monitoring over 500,000 trucking companies and 5 million truck drivers operating on roadways throughout the United States. Safety advocates have additional goals, such as requiring drivers and new companies to successfully complete training and submit to examination before operating on the road. An initial safety audit within six months of operation was also suggested.

Congress must do more to protect American roadways. According to the Advocates for Highway and Auto Safety, nearly 4,000 people suffer injury and die in truck crashes with truck driver fatigue playing a major role in truck crashes. With hand-written drivers' logs becoming so unreliable that many in the industry call them "comic books," the federal government must more closely monitor of hours-of-service rules compliance.

Continue reading " CHICAGO PERSONAL INJURY ATTORNEY DISCUSSES PROPOSED IMPROVEMENTS TO COMMERCIAL VEHICLE SAFETY PROGRAMS " »

I don't know about you, but whenever I see someone texting while driving, I get upset. With all of the information available, as well as the laws specifically prohibiting texting while driving, I am quite often aghast to find that the person driving next to me (sometimes on the highway) is texting while driving. Sadly, it is truly a motor vehicle accident waiting to happen. As Chicago personal injury attorneys, we recently read a report by Governors Highway Safety Association, entitled Distracted Driving: What Research Shows and What States Can Do. The report summarizes research, available since January 2011, regarding distractions produced by cell phones, text messaging, eating and drinking, personal grooming, reading, talking to other passengers, and even daydreaming.

Distracted driving occurs anytime the drivers' attention is diverted from the road. In fact, it is so common that the research showed drivers were distracted up to 50% of the time. When it came to crashes, at least one of the drivers involved was found to be distracted 15-30% of the time. In 2009, NHTSA estimated that "16% of fatal crashes and 20% of injury crashes … involved at least one distracted driver."

One of the most frightening sites on the road is a semi-truck or tractor-trailer driver texting while operating a large truck. Distracted truck drivers are more likely to cause accidents that can lead to catastrophic personal injuries. The results of the now often-cited study conducted by Virginia Tech Transportation Institute will serve as a reminder: truckers who text while driving are 23 times more likely to crash or get into a near-wreck than an undistracted drive. Consider the size and weight of semi trucks and trailers compared to other vehicles. It is no wonder that a collision with a semi can cause serious and fatal injuries to any involved.

Continue reading " CRASHES CAUSED BY DISTRACTED DRIVING 15-30% OF THE TIME " »

As Chicago accident and personal injury attorneys, the recent ranking of hospitals by U.S. News & World Report (U.S. News), interested us. In fact, those in Chicago and throughout Illinois probably experienced the same discouragement that we did upon reviewing the ranking and discovering that none of Chicago's supposedly top-notch hospitals made the U.S. News Honor Roll.

For the 2011-2012 rankings, out of nearly 5,000 hospitals evaluated, only 17 hospitals or medical centers earned a place on U.S. News' Honor Roll. Those hospitals "demonstrate unusually high expertise across multiple specialties, scoring at or near the top in at least six of 16 specialties." The 16 specialties evaluated ranged from cancer to urology.

What does this mean for those who suffer illness or personal injury in Chicago? Do your homework when possible and find a hospital or doctor that you feel comfortable with to care for you. Once in the hospital, address any concerns with hospital staff immediately. You will always be your own best advocate.

Continue reading " CHICAGO PERSONAL INJURY ATTORNEY COMMENTS ON "BEST HOSPITALS" RANKING " »

The August 2011 issue of Pediatrics features a study entitled "Grandparents Driving Grandchildren: An Evaluation of Child Passenger Safety and Injuries." The researchers began the study with a simple hypothesis: children driven by grandparents are subjected to a higher risk of injury. In fact, they found the opposite to be true.

After examining five years worth of crash data, including over 200,000 children, researchers determined that children involved in grandparent-driven crashes had half the risk of injuries as those in parent-driven crashes. While the study suggests that grandparents may drive more cautiously when they have grandchildren on board, grandparents were not perfect. Older grandparents tended not to utilize proper child restraints. As a result, children’s safety could be further enhanced if grandparents followed current child restraint guidelines.

Common sense supports this study; however, many parents will probably beg to differ. Think about it. The responsibilities of parents and grandparents often vary greatly. Parents -- who drive their children around hundreds of times more than most grandparents -- may rush to get children to school, a sporting event, a class, or the grocery store, and can become absorbed in the routine nature of the task. Grandparents, on the other hand, especially those that do not see the grandchild every day, will tend to take their time and pay attention to their surroundings.

Continue reading " CHILDREN SAFER DRIVING WITH GRANDMA AND GRANDPA? " »

The Illinois Supreme Court recently reviewed Illinois Pattern Jury Instruction (IPI), Civil No. 105.01 (2006), and concluded that it does not accurately state Illinois law. Studt v. Sherman Health Systems, Docket No. 108182 (June 16, 2011). There, plaintiff visited the Sherman Hospital emergency room with abdominal pain. The emergency room doctors failed to diagnose her pain as appendicitis and sent her home. Two days later, the plaintiff's general physician ordered a surgical consult, where it was discovered that plaintiff's appendix ruptured and became gangrene, requiring surgical removal. Thereafter, plaintiff underwent multiple hospitalizations and surgeries due to infections and peritonitis.

Plaintiff filed a medical malpractice lawsuit, alleging that the hospital was responsible and also vicariously liable (for the alleged professional negligence of its emergency room doctors). In Illinois, institutional negligence (hospital negligence) differs from professional negligence. Institutional negligence may be established via a wide array of evidence due to "the inherent diversity in hospital administration." Studt, citing Advicula v. United Blood Services, 176 Ill. 2d 1, 33 (1996). As a result, evidence in institutional negligence cases may include administrative rules, its own bylaws, regulations, and/or internal or external policies and procedures. In professional negligence cases, on the other hand, "plaintiff bears a burden to establish the standard of care through expert witness testimony." Studt, citing Advicula, 176 Ill. 2d at 24. Without expert testimony, courts have concluded that jurors would not have the knowledge necessary to judge the professional's conduct.

Ultimately, the Illinois Supreme Court found that IPI Civil No. 105.01 (2006) incorrectly stated Illinois law on professional negligence as to the evidence the jury may consider in determining whether the doctor complied with the standard of care. Further, it found that IPI Civil No. 105.01 (2006) also failed to accurately state Illinois law as to the standard of care applicable in professional negligence actions because it contained no reference to the professional's knowledge, skill, and care (or ability).

Pertinent to the Studt claim, the Illinois Supreme Court did not find reversal warranted because the Hospital was defending against a professional negligence claim and an institutional negligence claim, plaintiff presented evidence of the standard of care on both theories of recovery though expert testimony, and the jury was adequately educated as to the standard of care of emergency room doctors. However, the Court recognized that had the case been different, serious prejudice could have occurred.

Going forward, jury instructions in this area must be tailored by the trial attorney or the judge presiding over the trial to comply with the Studt case. Many judges in Cook County already have their own version of IPI Civil 105.01 available. Now that the Supreme Court has addressed the issue, victims of a doctor's or hospital's negligence will benefit from this clearer statement of the law.

Continue reading " ILLINOIS SUPREME COURT ADDRESSES TYPE OF EVIDENCE, STANDARD OF CARE IN PROFESSIONAL NEGLIGENCE CASES " »

Researchers at the Alzheimer's Association National Conference recently reported that "[o]ne in three retired NFL football players appear to have mild cognitive impairment (MCI)." The findings further suggest that "mild, repeated blows to the head -- like the kind suffered by many [football] players during their careers -- may predispose people to dementia," which is contrary to previous beliefs that a person had to undergo moderate or severe brain injuries and an unconscious state to put the brain in danger.

Over one million American adults and children suffer from traumatic brain injuries each year. The symptoms of traumatic brain injuries include personality changes, memory and concentration problems, headaches and mood disturbances.

The Chicago personal injury attorneys at the Law Offices of Jeffrey J. Kroll have represented numerous individuals suffering from brain and spinal cord injuries. The causes have ranged from birth injuries to sports injuries to high-impact car crashes. Many of the causes of traumatic brain injuries and spinal cord injuries stem from negligence. Jeffrey Kroll has a proven record of success in this area. In fact, he secured a $12.5 million dollar settlement for a Rolling Meadows High School football player who was rendered a quadriplegic after he was tackled by a teammate and came into contact with an unpadded, steel post near the sideline of the Rolling Meadow's football practice field. He also obtained a $5.25 million dollar settlement for a Lake County woman, who suffered a brain injury when a Yellow Cab taxi driver drove his cab across three lanes of traffic in an attempt to reach an exit.

Continue reading " FOOTBALL INJURIES AND DEMENTIA LINKED " »

Every month, Jeffrey J. Kroll contributes to the Chicago Daily Law Bulletin in his column Balancing Life and the Law.

In last month's article, "Maximizing recovery for even the little losses," Jeff discussed the concept of maximizing damages for unexpected loss, no matter how minimal.

Jeffrey J. Kroll is known by his peers to be a leader in Personal Injury and Wrongful Death. As a guest columnist for the Chicago Daily Law Bulletin, he writes about balancing the demands of the practice of law with the demands of personal life.

A recent study in the Annals of Internal Medicine states that at "teaching hospitals responsible for training new doctors, patient death rates increase while efficiency in patient care decreases during the month of July." This phenomenon has been coined the "July Effect." Teaching hospitals, often affiliated with university medical schools, use admitted patients to educate medical students. Typically, medical students, or residents, shadow experienced doctors for an extended period of time depending on their course of study or medical specialty.

It's in July when older residents graduate, and newer residents take their places. The study in the Annals of Internal Medicine noticed that this "changeover can disrupt patient care in hospitals, increasing complications from surgery and boosting medical error rates, particularly as new doctors who are unfamiliar with a hospital's pharmacy system mistakenly prescribe wrong doses of medications." In July, death rates at hospital increase between 8% and 34%.

How can you protect yourself and those you care about from becoming a victim of the July Effect? It is crucial for families and friends of hospital patients to take the initiative to address areas of concern with hospital staff. Sadly, the critically ill are at the mercy of doctors and nurses who must make a better effort to care for patients while training new doctors before more patients experience untimely deaths.

Continue reading " JULY… A MONTH TO AVOID HOSPITALS, IF YOU CAN " »

The U.S. Consumer Product Safety Commission (CPSC) has recalled approximately 1 million pool and spa drain covers manufactured and distributed by a number of companies in the U.S. and China, including A&A Manufacturing, of Phoenix, Ariz.; AquaStar Pool Products Inc., of San Diego, Calif.; Color Match Pool Fittings, of Surprise, Ariz.; Custom Molded Products, of Tyrone, Ga.; Hayward Pool Products, of Elizabeth, N.J.; Pentair Water Pool and Spa, of Sanford, N.C.; Rising Dragon USA, of E. Sweetwater, Tenn.; and Waterway Plastics, of Oxnard, Calif.

All of the recalled drain covers have been incorrectly rated to handle the flow of water through the cover, which could pose a possible entrapment hazard to swimmers and bathers.

ABC news ran a story regarding the recall, and urging pool owners to stop using the recalled items. The drain covers can created a vacuum effect that "is powerful enough to hold swimmers, especially children, to the bottom of a pool." When human skin comes in contact with a pool drain, it can cause a suction equal to many hundreds of pounds of pressure.

The CPSC urges pool owners/operators and consumers who have one of the recalled pool or spa drain covers to immediately contact the manufacturer to receive a replacement or retrofit, depending on their make and model.

More specific information, including pictures of the recalled drain covers, can be found on the CPSC's website.

Continue reading " LARGE RECALL OF POOL DRAIN COVERS " »

In the aftermath of a deadly bus accident in North Carolina early last week, which killed a former North Carolina State college basketball player, USA TODAY has reported that "the number of fatal bus accidents… is much higher than the government reports...." In fact, USA TODAY found "[s]ome of the most disastrous motor coach accidents of the past decade — including a widely publicized crash in Tallulah, La., that killed eight people in 2003 — aren't included in statistics of fatalities from the National Highway Traffic Safety Administration (NHTSA), the government agency responsible for tracking accidents."

Why would NHTSA underreport crashes and fatalities? For a number of reasons, but mostly to maintain the impression that buses are safe in an effort to keep bus safety regulations at a minimum. In reality, the NHTSA data studied by USA TODAY revealed that motor coach crashes and fatalities have increased in recent years.

If you were injured as a result of the negligent action of a bus driver or bus company, you may be able to file a transportation negligence lawsuit. Family members of deceased victims of bus accidents also may be able to file a wrongful death claim. It is important to be aware of the statute of limitations for filing a claim for the injuries sustained as a result of a bus accident.

Continue reading " THE TRUTH ABOUT BUS AND MOTOR COACH SAFETY " »

According to the U.S. Consumer Product Safety Commission (CPSC), over 200,000 people, including 16,200 minors, were injured in lawn mower-related incidents in 2007.

While summer is a busy time for preteens and teenagers who want to make a few extra bucks mowing lawns, a doctor out of the Loyola University Health System has warned that children under the age of 16 should not be permitted to ride or walk behind lawn mowers. Many children lose toes and suffer more severe injuries due to lawn mower misuse.

Children should be kept away from lawn mowers, even if the lawn mower is shut off. Devastating injury and disfigurement can occur if the lawn mower operator is not careful. Children are especially attracted to riding lawn mowers. The CPSC provides the following additional lawn mower safety tips:

1. Keep small children out of the mowing area, and in the watchful care of a responsible adult other than the lawn mower operator.
2. Be alert and turn the lawn mower off if a child enters the area.
3. Before and while backing up, carefully look behind and down to scan the area for small children.
4. Never carry children on riding lawn mowers, even with the blade(s) shut off. They may fall off and be seriously injured or interfere with safe mower operation. Children who have been given rides in the past may suddenly appear in the mowing area for another ride and be run over or backed over by the machine.
5. Never allow children to operate the machine.
6. Use extreme care when approaching blind corners, shrubs, and trees, or other objects that may block your view of a child.

If you or your child has been injured by a lawn mower, you may be eligible to file a product liability lawsuit.

Continue reading " PREVENTING LAWN MOWER INJURIES " »

"[A]s often as 40 times a week in the United States, patients come out of surgery to learn that their doctor operated on the wrong body part, did the wrong procedure or mixed them up with another patient,"

reported the Chicago Sun-Times.

40 times a week! Seriously? Come on! Errors like this, also known as "wrong-site surgeries," are unnecessary and easily preventable. The Joint Commission Center for Transforming Healthcare undertook enforcing a universal protocol to prevent wrong-site surgeries nearly ten years ago. The protocol "includes taking simple precautions such as marking the surgical site and taking a timeout before the first incision to make sure the right patient is getting the right procedure."

Why then do innocent patients continue to fall victim to wrong-site surgeries? The Law Offices of Jeffrey J. Kroll have learned firsthand that medical care providers perform surgeries on patients with inaccurate or incomplete documentation, while others become distracted in the operating room. Some use the wrong pen to mark an incision site, causing a wrong-site surgery. Unapproved pen marks may wash away before surgery, leaving the surgeon without a precise incision point. Sad, yes! Sad, but true!!

It is vital that surgeons and surgical staff follow standardized safety procedures during each and every surgery.

You may be eligible to file a medical malpractice lawsuit if a health care provider performed a wrong-site surgery on you or someone you love.

Continue reading " WRONG-SITE SURGERIES " »

On June 28, 2011, Governor Pat Quinn signed a bill that has reformed the Illinois Workers' Compensation Act. Many of the reforms are aimed at easing the cost of workers' compensation premiums paid by Illinois companies. The amendments include cutting payments to doctors and hospitals that treat injured workers as well as new treatment guidelines for injured workers. The amendments also place a cap on awards available for carpal tunnel syndrome.

When an employee is injured on the job, the employer’s workers’ compensation insurance often pays for items such as medical bills and wage loss, if the injured employee follows the proper guidelines for reporting the accident.

However, people who are victims of workplace accidents also may be able to file a workplace injury lawsuit. Damages in a workplace injury suit can help compensate a victim for his or her physical pain, mental suffering, emotional distress, disability and disfigurement, in addition to the medical costs and wage loss which may be covered by workers’ compensation. The Law Offices of Jeffrey J. Kroll has handled many workplace injury cases and recovered million-dollar settlements and verdicts for injured workers.

Continue reading " ILLINOIS WORKERS COMPENSATION REFORM " »

Happy 4th of July from the attorneys and staff at the Law Offices of Jeffrey J. Kroll! Have a safe and fun holiday!

Fourth of July and fireworks may seem to go hand-in-hand, but the hard truth is that fireworks are dangerous and can be deadly. A recent statement by the Consumer Product Safety Commission (CPSC) hits home:

Consumers need to heed our warning: fireworks related incidents, especially those involving illegal fireworks, can be fatal," said CPSC Chairman Inez Tenenbaum. "Only use legal fireworks and follow CPSC's tips to ensure your holiday remains festive and safe.

The attorneys and staff at the Law Offices of Jeffrey J. Kroll wish everyone a safe and fun Fourth of July weekend. Parents should not allow children to play with or light fireworks under any circumstances. According to the CDC, a third of individuals injured by fireworks are under the age of 15. Even sparklers pose a danger, since they burn at temperatures near 2,000 degrees. Never allow a small child to use sparklers unattended.

Here are some additional safety tips from the CPSC:

Avoid buying fireworks that are packaged in brown paper because this is often a sign that the fireworks were made for professional displays and that they could pose a danger to consumers.

Never place any part of your body directly over a fireworks device when lighting the fuse. Back up to a safe distance immediately after lighting fireworks.

Never try to re-light or pick up fireworks that have not ignited fully.

Never point or throw fireworks at another person.

Keep a bucket of water or a garden hose handy in case of fire or other mishap.

Light fireworks one at a time, then move back quickly.

Never carry fireworks in a pocket or shoot them off in metal or glass containers.

After fireworks complete their burning, douse the spent device with plenty of water from a bucket or hose before discarding it to prevent a trash fire.

Make sure fireworks are legal in your area before buying or using them.

Continue reading " FIREWORKS CAN BE FATAL " »

Last week, a semi-trailer collided with an Amtrak train headed to Emeryville, California, from Chicago, Illinois, in rural Nevada, causing a train collision that resulted in numerous injuries, deaths and severe property damage. The National Transportation Safety Board (NTSB), who is investigating the matter, confirmed that the truck's driver received multiple prior driving citations, and that the Trucking Company, Nevada-based John Davis Trucking, received seven violations in the past nine months.

Five people and the driver of the semi-trailer were killed in the incident. The Chicago Tribune reported that the NTSB is currently investigating whether or not the truck driver's health played a role in the crash. A Nevada judge recently issued an order prohibiting Amtrak from destroying or disposing of any evidence having to do with the tragic collision.

Continue reading " CHICAGO TO CALIFORNIA AMTRAK CRASH " »

Lawmakers were busy this week. On Monday, June 27, 2011, Illinois Governor Quinn signed a law that will require backseat passengers to wear seatbelts. Police officers will have the authority to stop vehicles if they notice a passenger isn't wearing his or her seatbelt in the back seat. A fine, starting at $25.00, may be issued.

There are a few exemptions for individuals riding in taxi cabs, police cars and ambulances.
Governor Quinn also signed a law making it illegal for passengers to ride in trailers, wagons and other vehicles while they are being towed on highways, with the exemption of farm-related activities and parades.

Illinois has strong seat belt laws, requiring drivers, front seat passengers and anyone under the age of 19 to wear safety belts. With the 4th of July upon us next week, it is imperative that everyone on the road take safety precautions to prevent car accidents and wear their seatbelts at all times. Parents of teen drivers should set strict driving rules and enforce them. Teen drivers must be reminded to wear their seat belts at all times and in the proper manner. Wearing a seat belt incorrectly can cause serious injury or death in the event of a crash.

Continue reading " BACKSEAT PASSENGERS MUST WEAR SEATBELTS IN ILLINOIS " »