Chicago Accident and Injury Lawyer Blog

The Chicago medical malpractice attorneys at the Law Offices of Jeffrey J. Kroll recently read an interesting article in Newsweek magazine that stated some medical test and procedures do more harm than good. In fact, the article documents doctors and medical researchers refusing blood tests, electrocardiograms and mammogram screenings due to the rate of false positives and misleading findings. Many found more health care led to worse health. The article states: "for many otherwise healthy people, tests often lead to more tests, which can lead to interventions based on a possible problem that may have gone away on its own or ultimately proved harmless."

Sadly, we have seen that this phenomenon is true. If you have suffered a personal injury after undergoing medical treatment, the Chicago medical malpractice attorneys at the Law Offices of Jeffrey J. Kroll may be able to help. We are experienced trial attorneys and settlement negotiators. We have recovered million-dollar settlements and verdicts on behalf of our clients in personal injury and medical malpractice lawsuits.

Continue reading " CAN MORE HEALTH CARE LEAD TO WORSE HEALTH? " »

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, "Direct examination can be as easy as playing catch," Jeff discusses the importance of the attorney-client relationship when it comes to delivering an impactful and effective direct examination at trial.

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 California Zephyr train bound for Chicago, Illinois, derailed in Nebraska early Friday, August 26, 2011. According to the Omaha World-Herald, the train "derailed when it hit a crane boom used by a crew demolishing an abandoned grain elevator…." Nearly 200 passengers were shaken and stranded, when two engines tipped onto their side and three of seven train cars jumped the tracks. It is reported the 21 people were treated a local hospitals. This was the train's second wreck since leaving San Francisco earlier this week.

The Chicago personal injury attorneys at the Law Offices of Jeffrey J. Kroll wish all involved a speedy recovery.

If you have been involved in a train accident in any way, you may be eligible for compensation, even if you were not on the train. Jeffrey J. Kroll has successfully represented individuals injured in train derailments in the past. In fact, his verdict for a man who sustained injuries (including Post Traumatic Stress Disorder) in a July 11, 2006 Chicago Transit Authority (CTA) subway train derailment was featured in the "2010-2011 Illinois Jury Verdicts" magazine published by the Law Bulletin Publishing Company.

Continue reading " CALFORNIA TO CHICAGO TRAIN DERAILS IN NEBRASKA " »

The Chicago personal injury attorneys at the Law Offices of Jeffrey J. Kroll recently read an article on CNN's Health blog, The Chart, which reported that between 1990 and 2008, nearly 100,000 children were treated in U.S. emergency rooms after falling out of windows. The numbers come from a research study published in the medical journal Pediatrics. The author of the study stated: "We still are seeing over 5,000 children a year treated in hospital emergency departments across the country for injuries related to window falls.... That's 14 children a day. This continues to be a very common, important problem."

The sex and age of the child made a difference, with boys sustaining more falls from windows than girls. Doctors see the most injuries among 2 year olds, the problem stemming from the fact that young children do not appreciate the risks that come with playing near or climbing out of an open window.

Since toddlers and young children tend to have a higher center of gravity, they are more prone to falling out of a window if leaning over it. As a result, young children often sustain serious injuries to their head or face. Such injuries can lead to catastrophic injury and death. Older children tend to sustain arm and/or leg fractures.

The height of the building does not seem to matter either. Most of the incidents discussed in the study involved homes or apartment buildings, not high-rises.

Here are a few of the article's tips on preventing window injuries:

Parents of children younger than 5:

- Install window guards and/or locks
- Do not open windows more than four inches
- Remove furniture from under windows to prevent climbing

Parents of children older than 5:

- Advise children and teens not to climb out of a window or jump from it; advise them of the risk of injury

Continue reading " PARENT PATROL: CHILDREN AT RISK FOR SEVERE INJURY FROM FALLING FROM WINDOWS " »

The medical malpractice attorneys at the Law Offices of Jeffrey J. Kroll just read an informative article by Dr. Barry Bialek on CoverMd.com. There, Dr. Bialek explains the top ten most expensive medical errors, considering cost of health care as well as the patient's loss of income due to the medical error. The injuries include brain injuries, errors that lead to quadriplegia and death due to myocardial infarct.

Seven of the ten most expensive medical errors are those that lead to severe brain injuries, with birth trauma as the number one most costly injury, since many who suffer birth injuries may have a normal life expectancy, yet require lifelong medical care. Even brain injuries as a result of falls are discussed, since a failure to diagnosis a brain injury may cause a severe subdural hematoma and even coma. Next, errors that lead to quadriplegia are found to be the eighth and ninth most costly errors since many who suffer these injuries will require constant skilled health care for the duration of their lives. Finally, death from untreated, unstable angina is found to be the tenth most costly medical error because many who die from this condition are typically supporting families at the time of death and the loss may impose a severe economic strain on the surviving family.

The medical errors are attributed to technical medical errors, failure to use indicated tests, avoidable delay in treatment, failure to take precautions, failure to act on test results, inadequate monitoring after a procedure, inadequate follow-up after treatment, avoidable delay in diagnosis, and improper medication dose or method of use. All could amount to medical negligence by a health care provider.

Continue reading " WHAT ARE THE MOST EXPENSIVE MEDICAL ERRORS? " »

The Chicago personal injury attorneys at the Law Offices of Jeffrey J. Kroll recently reviewed a report of deficient nursing homes published by the Center for Medicare & Medicaid Services (CMS). Specifically, CMS's Special Focus Facility (“SFF”) Initiative reported four Illinois nursing homes had been added to the SFF Initiative, including Alden Town Manor Rehab & HCC in Cicero, Illinois, Columbus Manor Res Care Home and Rainbow Beach Care Center, both in Chicago, and Galesburg Terrace in Galesburg, Illinois. SFF Initiative, which has been around since the late 1980s, reports the most current information regarding inspections at nursing homes that have a history of quality issues.

While many nursing homes typically have 6-7 deficiencies per inspection, most nursing homes correct the deficiencies within a reasonable period of time. Nursing homes that do not fix serious problems, may find their participation in Medicare and Medicaid compromised, or worse yet terminated. SFF has reported three Illinois nursing homes that have not improved over time, including Embassy Health Care Center in Wilmington, Illinois (after 48 months of review by SFF), Nathan Health Care Center in East St. Louis, Illinois (10 months), Rockford Nursing & Rehab Center in Rockford, Illinois (10 months).

CMS provides guidance further guidance to families choosing long term care options, including talking to staff, residents and other families and asking for copies of the last and most recent State or CMS evaluation.

Continue reading " CHICAGO PERSONAL INJURY ATTORNEY COMMENTS ON DEFICIENT NURSING HOMES " »

The Chicago personal injury attorneys at the Law Offices of Jeffrey J. Kroll just read an interesting piece by the Chicago Tribune's Jon Hilkevitch, which found that "most people hit by cars in the city [of Chicago] are in a crosswalk." In fact, citing a study commissioned by the Chicago Department of Transportation, Mr. Hilkevitch wrote that about "80 percent of vehicle-pedestrian crashes in Chicago occur at intersections and commonly involve people crossing the street with the walk signal." Why is this so? Mostly as a result of drivers' failure to yield to pedestrians, especially when turning a vehicle.

With vehicle-pedestrian crashes in Chicago numbering near 3,000 a year, we wonder if drivers are even aware of the Illinois law that requires drivers to stop for pedestrians in crosswalks. The Chicago Accident and Injury Lawyer Blog wrote about the law last year. As a recap, the Illinois legislature amended the Illinois statute, specifically 625 ILCS 5/11-1002, last summer, requiring all drivers to STOP and yield the right-of-way to pedestrians using crosswalks if there are no traffic control devices present. At that time, the Chicago Police Department stated it had stepped up its enforcement of the new crosswalk statute to enhance safety and minimize accidents involving cars and pedestrians. The Tribune article states that it is still too early to determine whether the 2010 amendment has improved safety. However, according to the Tribune, "IDOT provisional numbers for 2010 show 2,943 vehicle-pedestrian crashes in Chicago last year, 32 pedestrian fatalities and 409 serious injuries." Not much of improvement.

The article also addresses another concern: the rising number of Chicago hit-and-runs. The study reported the devastating news that an "average of two hit-and-run pedestrian crashes resulting in deaths or injuries take place each day in Chicago." (Emphasis added.) Chicago's rate of hit-and-runs is double the national average.

Cabdrivers were also discussed, with the numbers showing that cab drivers were involved in "28 percent of pedestrian crashes and 34 percent of pedestrian accidents in high-crash corridors downtown."

Continue reading " CHICAGO PERSONAL INJURY ATTORNEY COMMENTS ON SAFETY OF PEDESTRIANS IN CROSSWALKS " »

The personal injury attorneys at the Law Offices of Jeffrey J. Kroll were very sad to hear the news of the stage collapse tragedy at the Indiana State Fair over the weekend. Many meteorologists have commented on the cause of the stage collapse, since videos of the incident have captured swirls of dust flying across the stage around the time of the collapse. Some meteorologists have opined that the area was struck by a "gustnado," which is a short burst of wind that can happen in open fields before a thunderstorm. The winds at the Indiana fairgrounds on the night of the incident were estimated around 60-70 mph. Experts are not, however, convinced that the "gustnado" caused the incident. In fact, WBBM's Steve Miller reported that "a Chicago architect says even gusts that high shouldn't have been enough to cause the stage to fall." The same Chicago architect evaluated the photo and video images of the collapse and could not see lateral supports for the stage, with the evidence pointing to improper building and support of the stage as a cause of the incident. Five people were killed in the incident, including a Chicago woman, and more than 40 others were hurt. Structural engineers at Thornton Tomasetti, Inc., are officially investigating the cause of the incident.

Continue reading " CAUSE OF INDIANA STAGE COLLAPSE TO BE INVESTIGATED BY STRUCTURAL ENGINEERS " »

The Chicago trucking accident attorneys at the Law Offices of Jeffrey J. Kroll recently read an article on Thetrucker.com, which stated that many truck drivers do not understand the principal elements of CSA. What is CSA, you say? CSA, or Compliance Safety Accountability, is a program developed by the U.S. Department of Transportation's Federal Motor Carrier Safety Administration (FMCSA) in hopes of improving commercial truck and bus safety. The CSA is evaluated via the Safety Measurement System (SMS), which is a tool used to assess a carrier's safety performance. FMCSA fully launched the program in 2010.

The SMS uses seven safety improvement categories called BASICs, or Behavioral Analysis and Safety Improvement Categories, which represent behaviors that may cause crashes, such as unsafe driving, fatigued driving (Hours-of-Service), driver fitness, controlled substances/alcohol, vehicle maintenance, and cargo-related and crash history.

Nearly a full year after FMCSA instituted the program, as Chicago trucking accident attorneys we are very discouraged to learn that so many truck drivers failed a basic, 14-question survey geared to determine the truck driver's understanding of CSA. Of the over 4,000 drivers tested, no one answered all 14 questions correctly.

Continue reading " CHICAGO TRUCKING ACCIDENT ATTORNEY COMMENTS ON TRUCK DRIVER'S UNDERSTANDING OF CSA " »

The Chicago personal injury firm, The Law Offices of Jeffrey J. Kroll, obtained a $1.1 Million settlement on behalf of a Portage, Indiana man who suffered injuries to his lower leg. The products liability complaint alleged that the manufacturing company improperly designed a conveyer belt without sufficient safety devices. This million dollar Indiana personal injury settlement will assist the plaintiff - who continued to work in the same capacity - with future medical expenses and provide income in the event he is unable to work.

Our personal injury attorneys handle Indiana personal injury cases and have obtained significant settlements in the past on behalf of Indiana residents injured by the negligence of others. In 2002, Mr. Kroll obtained a $6.8 Million settlement on behalf of a 37-year old mother of two boys who suffered a tragic personal injury while she was looking at a home under construction in the Fox Run Estates subdivision in Schererville, Indiana. She fell eleven feet through an unsecured hole and is now paralyzed from the waist down.

In 2008, the recipient of the "Best Lawyer" in personal injury matters, Mr. Kroll obtained a settlement for $1.1 million for an Indiana personal injury matter involving an ironworker who fractured his left ankle and right heel after the scissors lift he had been operating toppled into a snow-covered excavation. Two other construction companies working on the jobsite participated in the 1.1 million dollar settlement.

Our personal injury law firm works tirelessly to achieve justice for Indiana residents. Please contact us today at (312)676-7222 and allow us to answer any questions you may have regarding your Indiana personal injury matter.

The Chicago medical malpractice attorneys at the Law Offices of Jeffrey J. Kroll read some disturbing news lately. According to the Chicago Sun-Times, Illinois health officials have found same-day surgery centers to pose deadly health risks. Some of the routine culprits include doctors who dangle surgical masks around their necks and leave their hair exposed during surgery. However, Illinois inspectors have identified numerous other short cuts that lead to the spread of dangerous bacteria and viruses, including failures to properly sterilize surgical instruments before and after surgeries.

What is most disturbing is that out of the "21 Illinois surgery centers inspected over the past year, 14 — or two-thirds — were cited for infection-control problems." Since a 2008 hepatitis C outbreak in Las Vegas, which officials believe to be linked to unsafe clinic practices, federal health officials have stepped up inspection guidelines for surgical centers. Still, thirty-six Illinois surgical centers have yet to be inspected under the new guidelines.

What can you do to protect yourself? Always choose accredited surgical centers before undergoing any surgical procedures. You can also contact the Illinois Department of Public Health to find out if a particular surgical center has had problems in the past.

Continue reading " RISK OF INFECTION AT SURGICAL CENTERS " »

Chicago personal injury attorneys, Jeffrey Kroll and J. Patrick White obtained a jury verdict for a former Vietnam veteran who was struck by a firetruck in an alley near 74th and Evans on Chicago's South Side. The truck was traveling 5 to 7 MPH and had its lights on responding to a rubbish fire. The 12-person jury awarded money damages to our client for his fractured right wrist and found the Chicago Fire Department wilful and wanton in their conduct, after 4 hours of jury deliberations.

As Chicago trucking accident attorneys, we know that it is important to report trucking safety driving violations. Many of us have driven behind a truck that displayed one of those "How am I driving?" signs, but how many of us have actually ever called the displayed number to make a complaint? Often, it is just too risky to find a pen and paper and jot down the phone number or license plate of the offending truck. To make things a little easier, the U. S. Department of Transportation's Federal Motor Carrier Safety Administration (FMCSA) provides a way for drivers to report trucking safety violations by filing an online safety violation complaint or calling the toll free number, 1-888-DOT-SAFT. The FMCSA database allows you to search for the name of the offending company, even if you know only a few of the letters in the company's name. So, if you don't know the license plate number or even the company's full name, you can still make a complaint.

According to the FMCSA, they often receive complaints in the following areas:

-- Hours of Service Complaints, where truck drivers report that their company requires them to drive more hours than permitted by law.

-- Unqualified Driver/Use of Drugs and Alcohol Complaints

-- Unsafe Equipment Complaints

-- Lumping Complaints, where a driver reports he/she was required to pay people to unload the cargo from his/her truck.

-- Motorists' Complaints from persons who have witnessed unsafe driving of a commercial truck or bus.

Continue reading " REPORT TRUCKING SAFETY VIOLATIONS " »

Illinois residents can now find out more about the doctors who treat them. In fact, patients have access to some pretty significant background information on doctors, including whether they have ever been fired, convicted of a crime or submitted a malpractice payment anytime in the last five years. As Chicago medical malpractice attorneys, we applaud Governor Pat Quinn for signing the Patients' Right to Know Act, which provides patients the right to investigate the doctors who treat them. According to the Chicago Tribune, doctors have lobbied against the Act for over ten years, but thanks to a Tribune special report, which found "state regulators allowed dangerous doctors, even those convicted of sex crimes, to continue practicing," the Act was finally signed into law.

The Illinois Department of Financial and Professional Regulation (IDFPR) will have two months to gather and post doctor information on its website, http://idfpr.com/. Doctors must inform IDFPR if they are convicted of Class A misdemeanors or felonies. However, another law will soon "require prosecutors to inform the state agency when physicians are convicted of sex crimes, forcible felonies and misdemeanor batteries against patients."

If you have suffered a personal injury after undergoing medical treatment, the Chicago medical malpractice attorneys at the Law Offices of Jeffrey J. Kroll may be able to help. We are experienced trial attorneys and settlement negotiators. We have recovered million-dollar settlements and verdicts on behalf of our clients in personal injury and medical malpractice lawsuits.

Continue reading " CHICAGO MEDICAL MALPRACTICE ATTORNEY COMMENTS ON THE PATIENTS' RIGHT TO KNOW ACT " »

As Chicago bus and trucking accident attorneys, we understand and appreciate the need for the federal government to step up motorcoach, bus and trucking safety measures to minimize personal injuries and wrongful deaths due to negligence. Seemingly in response to the fatal motorcoach and bus accidents that have occurred throughout the U.S. recently, the U.S. Department of Transportation's Federal Motor Carrier Safety Administration (FMCSA) published a press release boasting its issuance of eight out-of-service orders to motorcoach companies after safety investigations revealed that the carriers and/or their drivers were in "such substantial non-compliance with federal safety regulations … [that they] pose[d] an imminent hazard to public safety."

The FMCSA stated that it is monitoring carriers by conducting surprise inspections, full compliance reviews, and enforcement actions. U.S Transportation Secretary Ray LaHood recognized that such non-compliance is unsafe and has "tragic consequences." He stressed the importance of enforcing fatigue regulations, providing driver training, and ensuring that vehicles are properly maintained as ways to get unsafe carriers off the road.

Early last month, Chicago Accident and Injury Lawyer Blog posted a blog entitled "THE TRUTH ABOUT BUS AND MOTORCOACH SAFETY," which commented on a USA TODAY report that revealed 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." Let's hope that the FMCSA's stepped up investigative, compliance and enforcement measures will keep unsafe motorcoach and bus carriers off our roadways.

Continue reading " MUCH TO DO ABOUT UNSAFE MOTORCOACH AND TRUCKING COMPANIES " »

As Chicago products liability attorneys, the recent news that some child car safety seats may contain hazardous chemicals concerned us. A number of the attorneys and staff at the Law Offices of Jeffrey J. Kroll are parents as well, and we, like everyone else, do not want to expose our children to dangerous chemicals which may lead to permanent injuries.

The news derives from a report out of the Ecology Center, an Ann Arbor, Michigan-based nonprofit environmental organization, which found brominated flame retardants in 44% of the tested car seats with 60% of the car seats testing positive for one or more toxic chemicals. According to HealthyStuff.org, these substances, including bromine, chlorine, lead and other heavy metals and allergens have been linked to allergies, birth defects, impaired learning, liver toxicity, and cancer. Car seats found to have the most and least hazardous chemicals can be found on Healthystuff.org’s website.

What to do next? The Alliance for Toxic-Free Fire Safety and HealthyStuff.org have requested that the largest car seat retailers, Graco and Evenflo, phase out hazardous chemical flame retardant additives in their products. In the meantime, parents have options, such as purchasing a car seat in the “least hazardous chemical” category. However, no one should permit their child to ride in a car without a car seat. Proper car seat use is essential to keeping children safe and preventing injury.

Continue reading " CHEMICALS FOUND IN CHILD SAFETY SEATS " »

As Chicago injury lawyers, we are interested in roadway safety. Advocates for Highway and Auto Safety recently reported that the Democrat leaders of the Senate Committee on Commerce, Science and Transportation have introduced legislation to improve vehicle safety, traffic laws and the availability of consumer information. The new safety provisions, which will be incorporated into the Motor Vehicle and Highway Safety Improvement Act of 2011, have been named Mariah’s Law after an Arkansas teenager who was killed in a crash involving texting. The law addresses issues related to teenage driver licensing, improved motor vehicle safety standards, distracted and impaired driving, child passenger safety, and safety defect and consumer information reforms.

"Motor vehicle crashes are the leading cause of death for all Americans ages 5 to 34. And the
annual highway death toll costs our nation over $230 billion a year,” stated Advocates for Highway and Auto Safety's vice president Jacqueline Gillan. The proposed bill includes a $22 million grant program to provide incentive for states to adopt driving laws specifically addressed to teen drivers. To qualify for funds, states must institute laws restricting the number of teen passengers in vehicles driven by new drivers, a ban on cell phone use while driving and nighttime driving restrictions.

The bill also directs the National Highway Transportation Safety Administration to ensure the reliability and performance of electronic systems that operate and control vehicle safety systems. The need for such scrutiny became apparent last year after the rash of accidents involving unintended acceleration in numerous Toyotas.

Continue reading " CHICAGO PERSONAL INJURY ATTORNEY DISCUSSES MAKING HIGHWAYS SAFER " »

Governor Quinn recently signed "Zach's Law," a law that "requires all moveable soccer goals made or sold in Illinois to be tip-resistant." The law is named for Zach, a 6-year-old boy who died when a soccer goalpost fell on his head during a soccer practice in suburban Vernon Hills in 2003. The law will take effect on August 2, 2012.

As Chicago sports injury attorneys, we recognize the importance of measures, such as Zach's Law, to keep our children safe and minimize the risk of catastrophic injury while playing sports. Sports-related accidents resulting in personal injury occur on a daily basis at schools, gyms and training facilities. Many serious sports-related injuries include head and neck injuries, back injuries, paralysis and fractures.

Illinois athletic facilities and schools should provide safe, functional equipment, and if they fail to do so, they can be held liable when a patron becomes injured on their premises. Under certain circumstances, sports organizations, teams or even individual players can also be held liable if an athlete suffers an injury on a playing field, court or arena.

Continue reading " CHICAGO SPORTS INJURY ATTORNEY COMMENTS ON TOUGHER GOALPOST LAWS " »

A Transportation for American report entitled "Dangerous by Design" ranked the Chicago-Naperville-Joliet area as the 38th most dangerous metro area in the United States, reporting 1,322 pedestrian fatalities between 2000 and 2009. During that same time period, 1,659 people were killed while walking throughout Illinois.

The personal injury attorneys at the Law Offices of Jeffrey J. Kroll have reviewed the report, and applaud Transportation for American for providing such a comprehensive study into a nearly neglected area, pedestrian safety and the design of American streets.

Chicago Accident and Injury Lawyer Blog recently discussed the City of Chicago's efforts to improve pedestrian safety with its Chicago Pedestrian Plan, which may include improvements such as pedestrian countdown timers at crosswalks, curb bump-outs and medians for walking, to name a few.

According to Transportation for American, between 2000 and 2009, "more than 47,700 pedestrians were killed in the United States, the equivalent of a jumbo jet full of passengers crashing roughly every month. On top of that, more than 688,000 pedestrians were injured over the decade, a number equivalent to a pedestrian being struck by a car or truck every 7 minutes." To improve pedestrian safety and prevent personal injury and death, Transportation for American is requesting that Congress dedicated federal funding for the safety of people on foot or on bicycle, adopt a national policy, create networks of sidewalks, bicycle paths and trails, set safety goals, and hold states accountable for creating communities that are safe for walking.

Continue reading " CHICAGO PERSONAL INJURY ATTORNEY DISCUSSES PEDESTRIAN SAFETY " »