Chicago Accident and Injury Lawyer Blog

The Illinois wrongful death attorneys at the Law Offices of Jeffrey J. Kroll have helped numerous families deal with the untimely death of a family member due to someone else's negligence. Wrongful death lawsuits present numerous issues, one being obtaining the victim's medical records, especially to determine if negligence caused or contributed to the victim's death. In the past, the deceased person's legal representative, usually a family member, was required to open an estate for the victim before being granted access to the medical records of the person that passed away. However, last month, Illinois' Governor Quinn signed a law that may make the process of obtaining a loved one's medical records a bit easier. The bill has been codified as 735 ILCS 5/8-2001.5 (2011). It states, in pertinent part:

"Authorization for release of a deceased patient's records. (a) …When no executor, administrator, or agent exists, and the person did not specifically object to disclosure of his or her records in writing, then a deceased person's health care records may be released upon the written request of:

(1) the deceased person's surviving spouse; or

(2) if there is no surviving spouse, any one or more of the following: (i) an adult son or daughter of the deceased, (ii) a parent of the deceased, or (iii) an adult brother or sister of the deceased.

(b) Health care facilities and practitioners are authorized to provide a copy of a deceased patient's records based upon a person's payment of the statutory fee and signed "Authorized Relative Certification", attesting to the fact that the person is authorized to receive such records under this Section. *** "

Upon request for records of a deceased patient, the named authorized relative must furnish the medical facility or practitioner with a certified copy of the deceased person's death certificate. The statute provides direction for preparing the Authorized Relative Certification, detailing the specific language that the requesting party should use.

The Illinois wrongful death and injury attorneys at the Law Offices of Jeffrey J. Kroll think that this statute can provide some comfort for the deceased person's family. We applaud the Illinois legislature for simplifying what can be an otherwise cumbersome and time-consuming process. Families dealing with the loss of a loved one, especially when that loss may be attributed to another person's negligence, often suffer greatly.

Continue reading "ILLINOIS WRONGFUL DEATH ATTORNEYS: OBTAINING A DECEDENT'S MEDICAL RECORDS" »

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, "Lawyers should take the reins with future damages", Jeff puts a holiday spin on the discussion of maximize damages for client's future medical expenses, lost earnings, future pain and suffering, disability, disfigurement and loss of consortium damages in a light of the ever-changing American economy and political climate. Here is an excerpt from his article:

My firm represents individuals who have been severely injured as a result of someone else's negligent acts. One of the most difficult tasks we have is ensuring our clients receive full and fair compensation. Before entering into a settlement or suggesting an amount of compensation to a jury, we must determine a sufficient amount of money that will provide for the individual well beyond the date of trial. Often, our clients' lives have been shattered by unnecessary and unexpected injuries. Many can no longer work or care for themselves.

In my humble opinion (with the full disclosure that I am a plaintiff's attorney), the injured party deserves the benefit of the doubt. This isn't just a "holiday, be generous" message. (Although, I am in the spirit this year; Christmas music plays in my office even as I write this article.) Who will care for the injured if their settlement or verdict award does not cover medical and daily living costs well into the future? I have yet to hear of Santa and his elves stuffing stockings with prescription medications, physical therapy, joint replacement surgeries or checks to cover insurance premiums. No one can depend on the future of Medicare and Medicaid either — nor should they have to. The harm perpetrated on the injured will consistently ripple through the individual's family, emotionally and economically. Not only do family members live with the changed — depressed and likely disabled — person, but often they also must care for the victim of negligence. The cynic will say "Well, that's the family's job. They should take care of them." But how fair is that?

The only way to protect the victim and the family, and to provide them with some piece of mind when it comes to future finances, is to maximize damages for future medical expenses, lost earnings, even future pain and suffering, disability, disfigurement and loss of consortium. Speculative damages, you might say. But there is nothing speculative about the ongoing pain and suffering that my clients will endure. Nor is there anything speculative about the medical care that they will require for the rest of their lives.

Then, there is the whole business of future damages discounted to present cash value. All future damages, except for pain and suffering, disfigurement, disability and loss of society and consortium, must be reduced to present cash value. This has become the preferred method of determining future damages. While there is no requirement that the trial attorney present actuarial or statistical evidence to the jury to determine present cash value (Robinson v. Greeley & Hansen, 114 Ill.App.3d 720, 725 (2d Dist.1983)), it certainly can be helpful at times. Of course, mortality tables also help plot the course. But how do we plan for other economic and political changes? Right now, the future of health care in this country is unknown. Regardless of which side of the aisle you prefer, we will all be affected by the changing American medical infrastructure at some point. Medical costs seem to be rising as quickly and as steadily as the cost of college. Life-care planners and economists can help us plan for our clients' futures, but we are ultimately the clients' advocates and must direct the outcome.

Read the entire article.

Continue reading "BALANCING LIFE AND THE LAW" »

Many of the personal injury clients that we serve at the Law Offices of Jeffrey J. Kroll must undergo MRIs prescribed by their doctors after becoming injured as a result of another person's negligence. An MRI, or magnetic resonance imaging, is a radiological technique that doctors use to see inside the body. MRIs are a common, diagnostic test, and typically make it easier for doctors to distinguish problematic tissues from normal tissues. MRIs differ from x-rays and CT scans by using magnetic fields opposed to radiation, which make x-rays and CT scans possible. MRIs are thought to be reasonably safe; however, as one recent CNN article pointed out, "if mistakes are made, they can hurt or even kill you."

CNN reported four main ways MRIs can go wrong:

(1) Projectiles: MRI machines contain powerful magnets that can attract other metal objects. Serious, injury-causing problems can occur if a patient is being scanned when a metal object collides with the MRI machine. CNN reported a New York child who "was killed in 2001 when the MRI machine sucked an oxygen canister into the machine where he was being scanned." Projectiles can be prevented if the MRI technicians follow proper policies and procedures.

(2) Burns: The RF transmitters in MRI can produce intense heat. Problems occur if a patient accidentally touches the walls of the MRI tunnel or is not checked properly for electrical conductors that can pick up concentrated RF frequencies. MRI technicians should make sure there is enough material between the patient and the wall to prevent burning.

(3) Hearing loss: If you have ever had an MRI, you know that the machines make a lot of noise. One CNN interviewee compared the MRI noise level to the level of noise exposure near a jet aircraft. Repeated MRIs raise the risk for hearing loss. Hearing loss can easily be prevented by providing patients with earplugs or earphones.

(4) Implants and medical devices: The magnetic fields in MRIs can move or damage metal devices implanted in a person's body, such as aneurysm clips and pacemakers. Although most current medical devices are MRI-safe, anyone undergoing an MRI should advise the MRI technician of the presence of a medical device before undergoing the scan.

To ensure your safety before undergoing an MRI, make sure you thoroughly complete MRI questionnaires or screening forms presented to you by the MRI facility. Review the answers with the MRI technician. You must also remove all metal from your body before an MRI. Any metal, such as a medical device or bullet, etc., which cannot be removed, must be discussed with a technician and a doctor. Be sure that you are provided ear protection that fits you properly. Notify the technician if you notice any open doors, loose wires or metallic objects that could be attracted to the magnetic field of the MRI machine. Avoid contact with the inside of the MRI machine's walls.

The Chicago personal injury and wrongful death attorneys at the Law Offices of Jeffrey J. Kroll are dedicated to serving injured individuals and their families in personal injury and wrongful death actions. For over twenty years, Jeffrey J. Kroll has assisted injured clients in Illinois and throughout the United States. Our personal injury and wrongful death attorneys have achieved many multimillion dollar verdicts and settlements in a wide variety of practice areas including trucking accidents, auto crashes, medical malpractice, workplace injuries, train accidents, barge accidents and bus and taxi cab collisions.

Continue reading "WHAT TO KNOW BEFORE YOUR MRI" »

Can children sue their parents for injuries suffered due to a parent’s negligence? Almost 20 years ago, the Illinois Supreme Court discussed this issue at length in Cates v. Cates, 156 Ill. 2d 76 (1993). There, a four-year-old plaintiff was a passenger in an automobile driven by her noncustodial father when she was seriously injured as the result of a collision. Her mother, who was not in the car at the time of the incident, filed a lawsuit against the other driver as well as the father on the minor’s behalf. The father filed a motion for summary judgment, arguing that the parental immunity doctrine prohibited the minor’s negligence claim against him.

The Illinois Supreme Court found that the negligent operation of an automobile is not conduct inherent to the parent-child relationship since such conduct does not represent a parent’s decision-making in disciplining, supervising or caring for the child. 156 Ill. 2d at 106. This parental immunity doctrine extends to foster parents, but not corporate entities and their employees, such as residential child care facilities. See, i.e., Wallace v. Smyth, 203 Ill. 2d 441, 452 (2002). What about others who stand in the place of a parent or in loco parentis? Aren't grandparents, teachers, babysitters, daycare centers, etc., often charged with a parent's rights, duties and responsibilities for a child when the parent is absent? As is common in the law, it depends.

To broaden the scope of the parent-child immunity doctrine to include all those who act in loco parentis clearly does not serve the best interest of the child. Only the legislature may provide parental immunity to individuals who are not parents or foster parents. For example, the Illinois School Code grants educational employees, such as teachers, the same immunity enjoyed by parents. That immunity however does not extend to private day-care centers, nursery schools or kindergartens governed by the Child Care Act. Possekel v. O'Donnell, 51 Ill. App. 3d 313 (1st Dist. 1977). As for grandparents, they have a duty to protect their grandchild from harm. Ryan v. Yarbrough, 355 Ill. App. 3d 342 (2d Dist. 2005) (a grandparent is normally not deemed a person "in loco parentis"); see also, Gulledge v. Gulledge, 51 Ill. App. 3d 972 (4th Dist. 1977) (finding that grandparents and other relatives having temporary care and custody of a minor grandchild are liable to the minor for injuries sustained by the minor as a result of the grandparents' ordinary negligence). As for everyone else, Cates is clear: "where the family relationship is dissolved or where the relationship has ceased to exist with respect to conduct giving rise to the injury, the immunity will not be applied." 156 Ill. 2d at 99. Thus, the application of the parent-child immunity doctrine depends upon more than the performance of so-called parental responsibilities. 203 Ill. 2d at 451.

Continue reading "MODERN FAMILY: SUING MOM AND DAD" »

A four-year old boy died yesterday morning after being found in the pool of the Omni 41 Health Center in the northwestern city of Schererville, Indiana on Tuesday. The child was attending a supervised camp called "Spring Break Escape."

Camp officials are presently reviewing the incident and the camp's policies.

The American Academy of Pediatrics (AAP) recommends the following tips to help prevent drowning:
* Never leave your children alone in or near the pool, even for a moment. An adult who knows CPR should actively supervise children at all times.
* Practice touch supervision with children younger than 5 years. This means that the adult is within an arm's length of the child at all times.
* You must put up a fence to separate your house from the pool. Most young children who drown in pools wander out of the house and fall into the pool. Install a fence at least 4 feet high around all 4 sides of the pool. This fence will completely separate the pool from the house and play area of the yard. Use gates that self-close and self-latch, with latches higher than your children's reach.
* Keep rescue equipment (such as a shepherd's hook or life preserver) and a telephone by the pool.
* Do not use air-filled "swimming aids" as a substitute for approved life vests.
* Remove all toys from the pool after use so children aren't tempted to reach for them.
* After the children are done swimming, secure the pool so they can't get back into it.
* A power safety cover that meets the standards of the American Society for Testing and Materials (ASTM) may add to the protection of your children but should not be used in place of the fence between your house and the pool. Even fencing around your pool and using a power safety cover will not prevent all drownings.

Remember, teaching your child how to swim DOES NOT mean your child is safe in water.

A former part-time employee of the Illinois Center for Rehabilitation and Education, a state-run home for the disabled, was charged with raping a 22-year old woman with the mental capacity of a young child. The assault occurred in 2006, but police only learned of it recently while investigating another alleged rape committed by the same suspect at the same facility.

According to Marielle Sainvilus of the Illinois Department of Human Services, the incident was never reported to police because the victim and her guardian didn't want to press charges. It is not clear if the home was legally required to report the rape to police, but Cara Smith, deputy chief of staff for Illinois Attorney General Lisa Madigan, believes the officials should have done so out of "common sense." I agree with Ms. Smith. By not reporting this heinous crime to police, the Illinois Center for Rehabilitation and Education failed the victim and all of its residents.

The Illinois Center for Rehabilitation and Education failed all of us when it failed to report this monster to the proper authorities. All residents were victimized when the home decided to not take action against a man who clearly has no regard for human life and human dignity. Families should be able to trust the people with whom they place their loved ones. And such facilities should be held accountable when their employees fail to care for their residents as they should.

An 89-year old woman afflicted with Alzheimer's disease died after wandering outside her nursing home in one degree weather early one morning in February. Prosecutors in DuPage County have now charged a 23 year-old nursing home employee with criminal neglect of a long-term-care facility resident, criminal neglect of an elderly person and obstruction of justice. If convicted, she faces up to seven years in prison.

DuPage prosecutors have alleged that the nursing home employee watched three straight episodes of "Dog the Bounty Hunter" and "shrugged off" an alarm that the resident had gone outdoors. Prosecutors also claim that she was expected to make bed checks every two hours but she failed to do so. Prosecutors allege that the employee later lied about performing a 3 a.m. bed check.

The 89 year old woman's frozen body was found in the facility's courtyard after being outside for as many as five hours.

The nursing home involved, The Arbor of Itasca, has only one star out of a possible five according to a federal rating system.

Over 1.6 million Americans live in one of nearly 17,000 nursing homes in the country. This number is expected to reach 6.6 million elderly people by the year 2050. Reports of nursing home neglect and abuse are rampant, but the 1987 Nursing Home Reform Act guarantees certain rights and freedoms to nursing home patients.

Some signs of nursing home neglect include the following:
* Physical neglect: disregard for the necessities of daily living
* Medical neglect: lack of care for existing medical problems
* Failure to prevent dehydration, malnutrition, and bed sores
* Failure to assist in personal hygiene, or in the provision of food, clothing, or shelter
* Unsanitary and unclean conditions
* Infections
* Failure to protect from health and safety hazards
* Poor access to medical services

Continue reading "NURSING HOME DEATH LEADS TO CHARGES AGAINST WORKER" »

Methicillin-resistant Staphylococcus aureus (MRSA) is on the rise among children. MRSA used to be primarily contracted in a hospital setting; however, now its prevalence is on the rise in community-based settings. Nationwide Trends in Pediatric Staphylococcus aureus Head and Neck Infections, a study published in the Archives of Otolaryngology-Head and Neck Surgery, shows that from January 2001 to December 2006 there was a 16.3 percent increase in the percentage of resistance for all pediatric head and neck S. aureus infections.

Good hygiene helps reduce the spread of infection. Suggestions include:

• Wash hands thoroughly with soap and water or use an alcohol-based hand sanitizer.

• Cuts and scrapes should be cleaned and covered with a bandage until they heal.

• Avoid contact with other people's wounds.

• Avoid sharing personal items such as towels or, for older teens and adults, razors

Research shows that the number of cases is increasing at alarming rates. Part of the problem is an increased resistance to the antibiotics used to treat MRSA. Doctors are also recognizing and testing for MRSA more often.

The infection usually starts with red bumps resembling pimples. The site can become swollen.

A Carpentersville woman has been accused of fatally injuring a 16-month old at Minee Subee in the Park, a Libertyville day care center. This tragic story is the worst nightmare for every parent who sends their child to day care. Parents place their trust in the facility and its employees to care for their children while they are at work. This senseless death is an absolute tragedy.

Police say Melissa Calusinski got so angry last Wednesday, January 14, 2009, that she threw the 16-month-old to the floor, fatally injuring him. She was charged over the weekend with two counts of first-degree murder. Police said Calusinski threw the boy to the floor when she grew frustrated that he was being noisy. His skull fractured, Benjamin grabbed his blanket and crawled to his "comfort zone," a bouncer seat, where he collapsed and later died, police said.

The National Center on Shaken Baby Syndrome explains that SBS/AHT (shaken baby syndrome/abusive head trauma) is a term used to describe the constellation of signs and symptoms resulting from violent shaking or shaking and impacting of the head of an infant or small child. Perpetrators who inflict shaken baby syndrome and abusive head trauma often injure the infant or child out of frustration or anger. This most often occurs when the baby won't stop crying. Other triggering events include toilet training difficulties and feeding problems.

In most circumstances, a day care center will be held responsible for the acts of its employees, including the teachers and other caregivers. Day care centers may also be held liable for negligently hiring a worker or by failing to properly investigate the individuals they hire.

If you are suspicious that a person who is caring for a child, who lives with a child, or who works with or around children has caused injury or harm or put a child at risk of physical injury, please call the Illinois Department of Children and Family Services at 1-800-25-ABUSE (in Illinois) or contact your state's children and family services department.

Continue reading "INFANT DIES AT DAY CARE CENTER" »