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" »

The Chicago sports and brain injury attorneys at the Law Offices of Jeffrey J. Kroll have highlighted the concerns of sports-related brain injuries in the blog, Chicago Accident and Injury Lawyer Blog, over the past three years. On the topic, the New York Times recently published a three part article on the life, career and death of pro-Hockey fighting phenomenon Derek Boogaard, who died at the age of 28, in May of 2011. He played for the N.H.L.'s Minnesota Wild and the New York Rangers. After conducting an autopsy on his brain, scientists believe Boogaard suffered from chronic encephalopathy, or C.T.E., "caused by repeated blows to the head," something Boogaard was no stranger to during his playing days. C.T.E. can only be diagnosed after death; however, many believe it manifests itself during life through "symptoms like memory loss, impulsiveness, mood swings and even addiction." Sadly, numerous N.F.L. players have also been diagnosed with C.T.E. posthumously.

Fighting and hockey seem to go hand-in-hand, or should we say fist-in-fist. The degree of fighting permitted in hockey extends far beyond anything that might be deemed acceptable in football, basketball or soccer. The unofficial hockey term for the player that does most of the team's fighting is "the enforcer." Enforcers are praised for their size and aggression, and often not necessarily for their hockey skills. Many enforcers suffer severe injuries on the ice due to fighting. Like football players, hockey players often dismiss black-outs, a sign of concussions, fearing that coaches and managers will prohibit them from playing. This attitude only results in more serious injuries on both a short-term and long-term basis.

What can parents do to protect their young hockey players? Parents should discourage young players from subscribing to the culture of fighting associated with hockey. U.S.A. Ice Hockey mandates the use of helmets, mouth guards and facemasks to reduce incidents of head injury. They recognize that preventing catastrophic injuries depends on the cooperation of coaches, players, and officials. Any child suspected of a head injury should be evaluated by a qualified professional immediately.

As Chicago sports injury attorneys, we recognize the importance of keeping our children safe and minimizing 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. Often, there is legitimate reason for those injured while playing sports to take legal action. Athletic facilities should provide safe, functional equipment and can be liable if a patron is injured on their premises. Organizations, teams or individuals can similarly be liable if an athlete is injured on a playing field, court or arena.

Continue reading "CHICAGO SPORTS INJURY ATTORNEYS DISCUSS HOCKEY AND BRAIN INJURIES" »

Medical News Today recently published an interesting article regarding soccer and head injuries entitled Soccer headers can cause brain injury. The article explains that scientists at Albert Einstein College of Medicine at Yeshiva University and Montefiore Medical Center submitted soccer players (or football players to those of you outside of the U.S.) to MRI imaging scanners to determine if "heading" a soccer play can lead to brain injury. "Heading" is commonly known as hitting a soccer ball with the head. As Chicago sports injury and brain injury attorneys -- and parents of young athletes -- we found the study interesting.

The study examined "38 amateur soccer players with an average age of just over 30, who all played the sport regularly since childhood. They were asked to estimate the number of times they headed the ball during the last year." That information was compared to the results of the players MRI brain scans and cognitive functioning. After analyzing all of the information, researchers concluded that "those players that headed the ball frequently showed brain injury not dissimilar to a concussion, known medically as mild traumatic brain injury (TBI)."

Many in the U.S. might be surprised to learn that soccer is by far the most popular sport in the world. Nonetheless, the Medical News Today article reports that 18 million Americans play soccer. In the U.S., we are now becoming more aware of the potential for traumatic brain injury among players of our favorite pastimes, most notably American football.

The main concerns with soccer involve the young age of the players and the vast speeds of soccer balls in play. (Medical News Today states that soccer balls can travel at speeds "upwards of thirty miles per hour during amateur play and more than double that in professional games.") Players may "head" a ball nearly 1500 times a year, which, when broken down, may amount to "a few times a day for a regular player." According to one scientist, "repetitive heading may set off a cascade of responses that can lead to degeneration of brain cells."

As a sport, soccer safety is on Illinois's radar. Recently, Illinois Governor Quinn signed into law "Zach's Law" which "requires all moveable soccer goals made or sold in Illinois to be tip-resistant. A friend of the Law Offices of Jeffrey J. Kroll, Shawn Kasserman of Corboy & Demetrio, helped the Tran family's efforts to get Zach's Law passed in August of 2011. While more information is needed regarding soccer and traumatic brain injuries, it is a good idea for parents to warn young soccer players to avoid unnecessary heading during practices and games. The practice of heading should be discouraged when possible.

Continue reading "CHICAGO SPORTS INJURY ATTORNEYS: SOCCER AND BRAIN INJURIES" »

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" »

The discussion on sports-related injuries continues. Again, the Chicago personal injury attorneys at the Law Offices of Jeffrey J. Kroll find a recent article on CNN.com insightful. The article calls for changes in the how injuries to student athletes are evaluated in contrast to college and pro athletes.

The issue being, younger athletes are still in the midst of growth, with changing bodies and developing brains. The National High School Sports-Related Injury Surveillance Study "is pushing athletic programs away from a 'rub some dirt on it' philosophy and expecting everyone around young athletes to monitor their health." Even more encouraging, according to CNN the "CDC will create national guidelines for preventing and managing sports-related traumatic brain injuries. The guidelines … are expected to be finalized by 2013."

I know from experience, being the father of a nine-year-old football player, that parents these days are very nervous about spinal cord and brain injuries. Instead of steering kids away from certain sports, parents and educators must learn how to direct children to avoid concussion-causing conditions, use preventative equipment, and appreciate the signs of any type of traumatic brain injury -- no matter how insignificant it may appear. The key to preventing concussions and keeping children safe is education.

Continue reading "CHICAGO PERSONAL INJURY ATTORNEY COMMENTS ON SERIOUS SPORTS-RELATED INJURIES, PART 2 of 2" »

The Chicago personal injury attorneys at the Law Offices of Jeffrey J. Kroll read a great article on CNN.com regarding the serious nature of high school sports' injuries. As advocates for students suffering spinal cord and traumatic brain injuries while participating in school-related sports, our personal injury attorneys know that a lot is a stake when it comes to the safety of children, on and off the playing field.

The CNN article discusses a young girl injured during cheerleading practice while attempting a new stunt. The girl fell on to her head from her team mates shoulders, five feet above ground. She suffered a fractured skull, concussion, and bruising on the brain. The article describes the emotional and financial affect the fall had on the girl and her entire family.

One of the most unexpected facets of injuries to high school students is the likelihood for developing mental health issues after the incident. Since high school student's brains are not fully developed, their coping strategies are also less developed. Many students that suffer traumatic brain and spinal cord injuries, even concussions, can experience extreme social change. Often they can no longer participate in their chosen sport, lose social connections, and suffer depression. Many families are not prepared for the change.

Continue reading "CHICAGO PERSONAL INJURY ATTORNEY COMMENTS ON SERIOUS SPORTS-RELATED INJURIES, PART 1 of 2" »

With children back to school for nearly a month now, many families have adjusted to new schedules and have come to terms with cooler temperatures as fall-like conditions quickly hit the Chicago area. The Chicago personal injury attorneys at the Law Offices of Jeffrey J. Kroll believe that now is as good of a time as any to review safety measures with children of all ages. The Chicago Accident and Injury Lawyer Blog recently discussed Heather A. Begley's tips on bus safety. We have also found the following tips from the Consumer Product Safety Commission (CPSC) that should be reviewed by parents, caregivers and students:

1. Children who ride bikes or scooters to school should wear a properly fitted helmet while riding. Helmets that have already been involved in an accident must be discarded.

2. With that said, children should not wear helmets while playing on playgrounds as they can become attached to playground equipment and cause strangling.

3. In the same vein, remove drawstrings from your child's hooded jacket, or "hoodie," to prevent strangulation injuries. Also remove drawstrings from the waist line. "CPSC has received 26 reports of children who died when the drawstring on their clothing became tangled on playground slides, school bus doors and other objects. Waist and bottom drawstrings have been caught in doors or other car parts resulting in dragging incidents."

4. CPSC has recommended that soccer coaches, school officials and soccer field maintenance personnel anchor goals to the ground so they do not fall over and cause a serious injury or death. Illinois has recently enacted Zach's law, which requires all moveable soccer goals made or sold in Illinois to be tip-resistant.

Continue reading "IT'S NOT TOO LATE TO REVIEW BACK-TO-SCHOOL SAFETY TIPS" »

The Chicago personal injury attorneys at the Law Offices of Jeffrey J. Kroll applaud the Chicago Sun-Times for featuring an article recognizing the dangers of concussions in youth sports and the new concussion rules that govern Illinois schools. With the start of school and fall sports like football and hockey jolting into high gear, parents and school officials must take precautions to protect children and teens from concussions.

The Sun-Times writes:

"According to the U.S. Department of Health and Human Services, children account for 90 percent of hospital emergency room visits for sports-related concussions.
***
Concussions — brain injuries from a bump, blow or jolt to the head — can occur in any recreational activity, even sports considered non-contact, according to the Centers for Disease Control and Prevention. And complications can occur in both the short-term and long-term, including headaches, dizziness, mood changes and death."

Illinois is one of the 21 states that have established concussion rules for student athletes. The law includes an number of requirements, including:

- School boards must work with the Illinois High School Association to develop guidelines to educate coaches, student athletes and parents of the nature and risk of concussions.
- Students and parents must sign a concussion information sheet and return it prior to practice or competition.
- School boards must adopt a policy requiring a student athlete with a suspected concussion or head injury to be removed from the practice or game at that time.
- Student athletes removed from play cannot return until after evaluation and written clearance by a health care provider.

The key to preventing concussions and keeping children safe is education. Parents and educators must learn how to direct children to avoid concussion-causing conditions, use preventative equipment, and appreciate the signs of any type of traumatic brain injury -- no matter how insignificant it may appear.

Continue reading "CHICAGO PERSONAL INJURY ATTORNEY COMMENTS ON PREVENTING YOUTH CONCUSSIONS" »

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 New York State Court of Appeals, affirming a the lower court, found that a golfer’s failure to yell in advance of an errant shot from the rough did not amount to intentional reckless conduct. While slices, hooks, topped shots and errant shots are a common hazard on the links, the court noted that a golfer cannot expect to hear a warning shout of “fore,” every time a ball comes his way.

The court noted that the individual struck by the ball, who is now blind in one eye from the incident, was not in the foreseeable zone of danger.

If one took a careful reading of the Kapoor case, it sure sounds like, if you are going to miss, miss badly. The court did recognize that there is a duty to issue a warning when other golfers are in the “expected path of a ball.” This court noted that the shot was so off target that he could not have expected to hit Mr. Anand. Anand v. Kapoor, 2010 N.Y. Slip Op. 9380; 2010 N.Y. Lexis 3730 (N.Y. 2010).

According to a study in the September 2010 issue of Pediatrics, the number of young children treated in Emergency Rooms for concussions as a result of playing sports has doubled over the last 10 years.

Researchers analyzing data from hospital emergency departments across the nation found that approximately half a million ER visits for concussions occurred among 8- to 19-year-olds between 2001 and 2005. About half of the visits were sports-related, and football and ice hockey were the organized sports with the most concussion injuries.

The American Academy of Pediatrics, in tandem with the Pediatrics' study, examined sports-related concussions in children and adolescents and identified football as the sport most commonly associated with concussions. Interestingly, the report states that female athletes have a higher rate of concussions than males who play similar sports; however, the reasons for this disparity are not well understood.

Concern over concussions has recently been in the news and a frequent topic on this blog. Studies have now linked concussions to debilitating illnesses such as Lou Gehrig's disease. The safety of children playing sports has become a national concern. Parents and coaches must know how to spot concussion symptoms and seek immediate medical attention for any child suspected to have suffered a concussion.

Football season will be upon us soon. In the meantime, many young people have already begun one- and two-a-day practice sessions. While the parents and coaches of these young athletes must immediately be concerned with the threat of heat exhaustion -- especially due to the extreme heat wave we are experiencing -- children must also be closely monitored to prevent head trauma at all costs. The National Institute of Health has stated that "we are in the midst of a 'national epidemic' of concussions and other head injuries, especially among the young." This season, the NFL is taking great precaution to prevent and treat players' head injuries. The hope is that colleges, high schools and even grade school folks follow suit. For more information, see Dan Rather's article Kids, Head Injuries and the NFL.

In football, concussions can easily go undiagnosed and untreated. Studies indicate that memory-related diseases are much higher in former football players than in the general population. The signs of a concussion include confusion, memory loss, headache, dizziness, problems with balance, a sensation of things spinning around (vertigo), and nausea and vomiting. Anyone who experiences any of these symptoms after a head injury must immediately consult a physician.

Spinal cord trauma, paralysis, concussion, traumatic brain injury, headaches and head trauma are all types of injuries caused by cheerleading accidents listed in the National Center for Catastrophic Sport Injury Data Tables. The data was collected between the Fall of 1982 and the Spring of 1998 and contains summaries of the injuries. While the report contains many guidelines and suggestions for improving cheerleading safety, the sad statistic is that cheerleading injuries resulting in hospital emergency room visits have increased to nearly 30,000 in 2008, which is almost six times the number of injuries in 1980, according to the Chicago Tribune who cited a report by the U.S. Consumer Product Safety Commission.

Continue reading "CHEERLEADING INJURIES ON THE RISE: CHICAGO SPORTS INJURY ATTORNEY URGES IMPROVEMENTS IN SAFETY MEASURES AND TRAINING" »

With the Chicago Marathon closely approaching, many runners are training for the big event. It is scheduled for Sunday, October 11, 2009 and we wish the participants success!

Tragically, two years ago, a 35-year-old Michigan police officer died during an unusually hot and humid Chicago marathon. An autopsy revealed that the officer's heart condition caused his death. Since the effects of marathon running on the heart has become a popular topic among researchers, The New York Times explored the issue in a recent health segment.

The Times article discusses a controversial study published last year in the European Heart Journal. In that study, scientists scanned the hearts of 108 experienced, male distance runners in their fifties, sixties and seventies; all had completed a minimum of five marathons in the prior three years. After studying the scans, the researchers found that more than a third of the men showed evidence of significant calcification or plaque build-up in their heart arteries.

Since the release of that study, researchers worldwide have attempted to clarify the issue. In one recent study, Canadian researchers examined 129 non-elite runners in Winnipeg, testing their blood just before and after running a half or full marathon. When runners reached their finish line, blood tests revealed that most of the half marathoners and even more of the marathoners displayed elevated cardiac troponin, a substance in the blood that usually suggests cardiac injury, and other blood markers of heart damage. When the runners were tested again after an hour, even more showed blood indicators of cardiac damage.

Although running is an excellent way to stay physically healthy, if you have ever experienced any heart problems, you should consult a doctor before attempting long distance or marathon running. If while training for or actually running a marathon you have any heart-related symptoms, such as shortness of breath or chest pains, stop running and see a doctor immediately. We know that heart attacks can and do happen during marathons, and those with a history of heart disease are particularly at risk.

I am a Chicagoland personal injury attorney who has successfully represented student athletes for injuries they received while involved in high school sports. I feel strongly about making safety a top priority in high school sports.

The online addition of the Los Angeles Times recently posted an article stating that injuries in high school football occur most frequently during the middle of games. The statistics cited by the L.A. Times comes from an analysis by the Research Institute at Nationwide Children's Hospital of data from the 2006 National High School Sports Injury Surveillance Study.

The Research Institute at Nationwide Children's Hospital found that 54% of injuries occur during the middle of a game. Thirty percent of injuries occur at the end of the game, including overtime, and the beginning of the game accounted for 16% of injuries. The study found that injuries are most severe in the beginning and middle of the games during kickoff and punting.

Cheerleading causes more serious injuries than other sports.

Researchers have long known how dangerous cheerleading is, but historically, records were poorly kept. An update to the record-keeping system last year found that between 1982 and 2007, there were 103 fatal, disabling or serious injuries recorded among female high school athletes, with the vast majority (67) occurring in cheerleading. The next most dangerous sports: gymnastics (nine such injuries) and track (seven).

Recently, the National Center for Catastrophic Sports Injury Research at the University of North Carolina at Chapel Hill released its 26th annual report on the topic. The latest figures are from the 2007-2008 academic year for college and high school sports, male and female. The report defines catastrophic injuries as any severe or fatal injury incurred during participation in the sport.

The new numbers are for the 26-year period from the fall of 1982 through the spring of 2008:

- There were 1,116 direct catastrophic injuries in high school (905) and college sports (211).
- High school sports were associated with 152 fatalities, 379 non-fatal injuries and 374 serious injuries. College sports accounted for 22 fatalities, 63 non-fatal injuries and 126 serious injuries.
- Cheerleading accounted for 65.2 percent of high school and 70.5 percent of college catastrophic injuries among all female sports.

Fortunately, the number of cheerleading injuries fell slightly in the 2007-08 academic year. Hopefully, an increase in awareness and safety measures will continue to decrease the number of injuries related to cheerleaders and high school and college athletes, in general.

Continue reading "CHICAGO SPORTS INJURY ATTORNEY CAUTIONS CHEERLEADERS TO INCREASE SAFETY IN THEIR SPORT" »

Baseball is the time-honored American pastime. It's a sport that everyone of every age can enjoy and playing in a little league is almost a rite of passage. The U.S. Consumer Product Safety Commission (CPSC) estimates that nearly 6 million children ages 5 to 14 participate in organized leagues and a whopping 13 million children participate in non-league play. With all this baseball playing, however, comes loads of injuries.

According to the American Academy of Orthopaedic Surgeons (AAOS), hospital emergency rooms and clinics treat an estimated 500,000 children for baseball-related injuries each year. In response to this statistic, the CPSC collected and analyzed date to determine how these children were injured and what equipment could prevent such injuries. The CPSC ultimately concluded that baseball protective equipment may prevent, reduce or lessen the severity of more than 58,000 injuries occurring to children each year.

The CPSC and the AAOS recommend playing with softer-than-standard balls to prevent, reduce or lessen the severity of ball impact injuries to the head and neck. Batting helmets with face guards may prevent, reduce or lessen the severity of facial injuries and safety release bases that leave no holes in the ground when the base is released may prevent, reduce or lessen the severity of base-contact sliding injuries.

Protective equipment is one of the most important factors in minimizing the risk of injury in baseball. The AAOS offers these helpful tips:

* Remember your equipment must fit properly and be worn correctly.
* Wear a batting helmet at the plate, when waiting a turn at bat, and when running bases.
* Facial protection devices that are attached to batting helmets are available in some youth leagues. These devices can help reduce the risk of a serious facial injury if hit by a ball.
* The catcher must always use a catcher's mitt. If you play another position, ask your coach about specific size requirements for your mitt.
* Catchers should always wear a helmet, face mask, throat guar, long-model chest protector, protective supporter, and shin guards.
* Most youth leagues prohibit the use of shoes with steel spikes. Instead, wear molded, cleated baseball shoes.
* Inspect the playing field for holes, glass, and other debris.

Have fun, but play safe. Many injuries are preventable with the proper equipment. Don't ruin your fun in the sun with a preventable injury. Play ball!

Each year, more than a quarter of a million children are treated in hospital emergency rooms for injuries related to skateboarding, scooters and biking. If you add into the mix, baseball related injuries or other activities that require helmets, it is obvious that wearing a helmet shows you are using your head.

For many sports related activities, a helmet can reduce the risk of serious head injury and even save lives. If you are wearing the appropriate helmet during a fall or collision, the impact energy will be absorbed by the helmet, rather than the head and brain.

It is important to note that all helmets are not created equal. There are different helmets for different sports. While some can be worn for multiple sports or activities, each helmet is designed to protect your head from the impacts common to that particular sport or activity. Common sense will dictate that a baseball helmet is different than a bike helmet. Bicycle helmets manufactured after 1999 must meet the Consumer Protection Safety Commission’s Bicycle Helmet Standards. The Consumer Product Safety Commission does produce a guide, “Which Helmet for Which Activity,” which can assist you in choosing your helmet.

Continue reading "HELMETS PREVENT HEAD INJURIES TO CHILDREN" »

I remember watching the news and learning of the tragic death of actress, Natasha Richardson. After hearing of her death, I kept asking myself the same question: do all head injuries need medical attention, even ones that seem minor?

In most cases, it is pretty clear when someone needs medical attention after a head injury. They are often confused, they are extremely agitated. They may be dizzy. Some could have even been unresponsive. The scarier scenario is what doctors call the “talk and die” scenario, where someone seems fine, only to die hours or days later. The "talk and die" scenario occurs with various kinds of brain injuries. In the case of epidermal hematomas, blood pools in the area between the lining of the brain and the skull. This fluid continues to build up in a contained space, creating pressure. In that scenario, essentially, something has to give. Unfortunately, it turns out to be the brain. If you do not get that person to the hospital immediately to have the appropriate surgery to drain the fluid, it will most likely be fatal. So what should be done for someone suffering from a head injury?

1. Look for dizziness, vomiting, confusion or headaches. If an injured person has one of these signs, take them to the emergency room.

2. Look for changes in the person’s behavior. If a person suddenly becomes sleepy within the first 8 to 12 hours following trauma to the head, it may mean that parts of the brain responsible for staying awake are experiencing pressure from a bleed.

3. Vigilance. Keep an eye on someone that has hit their head. This is especially true even if they have not lost consciousness.

4. Be on alert if someone has been drinking, is elderly or young. It could be difficult to distinguish brain-injured behavior from drunken behavior. Similarly, you need to be extra vigilant when dealing with an elderly person or young athletes.

5. Go to an emergency room. You want to go to a trauma center that has a neurosurgeon present or on call. One can find this out by looking on the map from the American Trauma Society.

When in doubt, err on the side of being conservative and seek treatment.

Continue reading "CHICAGO ACCIDENT LAWYER ANSWERS THE QUESTION: WHEN SHOULD YOU GO TO THE EMERGENCY ROOM " »

On January 17, 2009, a 6-year old boy died in the stands of a monster truck show in Tacoma, WA. Feld Motor Sports, based in Aurora, Illinois, organized the event and released a statement stating, "Feld Motor Sports is looking into the accident. The safety of our customers is our top priority." Apparently, Feld placed safety barriers at both ends of the arena floor.

However, these measures were insufficient as it was reported that debris was flying 30 to 50 feet into the grandstands from the truck. The mother of the boy described the debris as "a metal ring... roughly the size of a Frisbee and about three-quarters of an inch thick, weighing between 7 and 12 pounds."

This incident raises the question of whether enough is done to prevent injury to spectators at sporting events, auto races and monster truck shows. Here, it is evident that there was a lack of sufficient protection in place to prevent the fatal injuries sustained by this little boy.

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