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Archive

Category Archives for "Medical Mistake"

Chicago Medical Malpractice Law Firm

Chicago Medical Malpractice Law Firm

Medical malpractice occurs when a medical professional commits a medical error out of failure or neglect to follow their medical duties. These errors result in the injury of the patient, which can manifest in a number of different short or long-term results. Medical malpractice errors can lead to physical injury, mental injury, or in the most serious cases, death. Regardless of the outcome, you need to work with an experienced medical malpractice law firm in Chicago to get the results you deserve.

We Understand the Devastation

Patients and their family's lives are devastated by medical malpractice and the hardest thing about these errors is that they are preventable. When medical professionals neglect their responsibilities to the health and safety of their patient that is considered malpractice and they can be held legally responsible for the consequences.

Chicago medical malpractice law firms are working hard to make sure the victims of these errors are given the justice they deserve. They also want to make sure that the perpetrators are held responsible and are never again able to commit such an act to another patient.

Get the Results You Deserve

If you or a loved one may have been victimized by medical malpractice, it's critical to contact a medical malpractice law firm in Chicago immediately. A lawyer will review your case details thoroughly and decide whether or not it is actionable. Medical malpractice cases are difficult, as they don't just go after the offending doctor but also the institution they represent which may have far more resources available to them for defense. However, these cases are not impossible you just need help from a Chicago medical malpractice law firm.

The good news is you don't have to face this difficult time on your own. A qualified Chicago medical malpractice law firm will be able to guide you through the entire process and stand by your side so you get the compensation to which you are entitled. They will have the experience necessary to understand which cases are worth pursuing and which ones will be too difficult to prove with far too little benefit.It can be difficult to see clearly when you are in the midst of this type of case. Lawyers will help you see things from an outside perspective so you can make the right choices.

Work with Experience

You may feel you have a clear-cut case, but this isn't often true. These cases can be extremely complex and difficult for the untrained individual to navigate. This is why it's best to search for a medical malpractice law firm in Chicago to take on your case. The best team of lawyers will help you determine the best course of action and make sure everything goes as planned. While they may not be able to guarantee specific results, they will work hard so you can get the compensation to which you are entitled.

The Law Offices of Scott D. DeSalvo have extensive experience in helping families who have been victims of medical malpractice. We are dedicated to helping you receive justice for your injuries and making sure the doctor who committed them doesn't get the same opportunity twice. If you have been a victim of medical malpractice contact the Law Office of Scott D. DeSalvo right away to get your case started.

Get Your FREE Injury "Cheat Sheet"

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

Testimonials

"Hiring Scott was one of the best moves I have made in my life.   Scott is a down to earth person and attorney.  Scott is a 5 star first class act who really knows his stuff.   The Judge said his presentation was one of if not the best he had ever seen.   Take my advice, hire Scott. I’m sure you’ll be 200% satisfied.  I was."

Richard Lange

Cab Driver, Fall Down                  

See More >

Want The Injury "Cheat Sheet"?

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

Medical Malpractice Attorneys In Chicago

Medical Malpractice Attorneys In Chicago

When you go to the doctor you trust that they are experienced, compassionate, and will provide you with the care you deserve. When that trust is violated and a mistake is made, that leads to injury by a medical professional. it is called medical malpractice.

Medical Malpractice Statistics

Medical malpractice is a legal cause of action that happens when a medical professional fails to follow industry standards and ends up causing injury to a patient. This mistake can lead to lasting physical and emotional injury and even death by the patient. A study from Johns Hopkins Medicine found that medical error was the third leading cause of death in the United States, outranked only by heart disease and cancer. The study estimates that more than 250,000 Americans each year die as a result of a medical error. These death-inducing errors can happen for a variety of reasons from complications during surgery, misdiagnosis, incorrect medication dosage, and diagnostic errors.

Why Hire a Medical Malpractice Lawyer in Chicago?

The severity of medical malpractice should not be underestimated. If you or someone you love has been a victim of medical malpractice there are legal paths available to you. Medical malpractice attorneys in Chicago are here to help your case receive the best possible outcome and ensure that the offending professional receives the appropriate consequences and does not have the opportunity to hurt another patient.

At a time when you are dealing with added pain and suffering due to someone else’s negligence, the last thing you want is the stress of trying to get the compensation to which you are entitled. You need a medical malpractice lawyer in Chicago who can guide you through the process and fight for your rights so you don’t have to. You will be able to get the money you are owed for your injuries, including money for medical bills, time missed from work and pain and suffering. Depending on the severity and longevity of your injuries, you could be entitled to benefits into the future as well. We will help you figure out what you should ask for and help you get what you deserve.

The Law Office of Scott D. DeSalvo will help create the strongest medical malpractice lawsuit for your case. We are a team of experienced attorneys who specialize in medical malpractice and understand the complex nature of these types of lawsuits. We understand how devastating a medical error can be to someone’s health and are dedicated to making sure you receive fair compensation and the professional cannot hurt another person.

Schedule Your Consultation Today

Even if you aren’t sure whether you have a case, we will meet with you to discuss the specifics of your case. We know which questions to ask, so you can be sure you have the best chance of a successful outcome for your case. When you work with a medical malpractice lawyer in our firm, you can get the guidance you need to file the paperwork properly and to represent you in court if necessary. We will let you know if it is worth pursuing your case and make sure you have the best possible chance of getting the compensation you deserve.

If you or someone you love has been injured or killed by a medical error, contact the Law Office of Scott D. DeSalvo right away. You need medical malpractice attorneys in Chicago who can give the proper legal guidance for you to win your case. Call us today to get started.

Get Your FREE Injury "Cheat Sheet"

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

Testimonials

"Hiring Scott was one of the best moves I have made in my life.   Scott is a down to earth person and attorney.  Scott is a 5 star first class act who really knows his stuff.   The Judge said his presentation was one of if not the best he had ever seen.   Take my advice, hire Scott. I’m sure you’ll be 200% satisfied.  I was."

Richard Lange

Cab Driver, Fall Down                  

See More >

Want The Injury "Cheat Sheet"?

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

How Anesthesia Errors Can Lead To A Medical Malpractice Suit

How Anesthesia Errors Can Lead To A Medical Malpractice Suit

medical error

During surgery, an anesthesiologist places the patient in a semi-unconscious or unconscious state through drugs, medications and gasses. In the modern operating room, anesthesiologists have a tremendous responsibility both to keep the patient sedated during surgery and manage their vital signs and oxygenation. And they are often primarily responsible for the patient’s care immediately after surgery.

As a Chicago medical malpractice law firm, we know that, unfortunately, anesthesia errors occur. Many of these take place during the surgical procedure and are quickly corrected, but others can lead to disastrous consequences.

Common anesthesia mistakes

  • Failure to intubate or injuries caused during intubation – Anesthesiologists often intubate a patient during surgery to help them breathe. Serious injury can occur when the anesthesiologist makes an error during intubation or fails to maintain a proper airway.
  • Failure to monitor – The anesthesiologist is responsible for regulating a patient’s level of consciousness during the procedure and their oxygenation, among other crucial responsibilities. Failure here can lead to serious brain injury or death.
  • Communication errors – Another primary responsibility of the anesthesiologist is to keep those performing the surgery fully aware of the patient’s condition, including their vital signs. Failure to communicate properly can lead to serious complications.
  • Errors in anesthesia dosage – It is crucial that the anesthesiologist administer neither too much nor too little anesthesia. Too much anesthesia can prolong sedation which may lead to a coma and brain injury.
  • Anesthesia awareness – This situation occurs when too little anesthesia has been administered and the patient regains consciousness during the procedure. Yet, because of paralytic drugs they have received, they cannot communicate their situation and often suffer excruciating pain as the surgery progresses. Recovery from anesthesia awareness often takes months of therapy and, understandably, may leave the patient fearful of undergoing future surgical procedures. There are 20,000 to 40,000 cases of anesthesia awareness each year in the U.S.

Anesthesia medical mistakes can be incredibly difficult to prove, often requiring a great amount of detective work, along with medical knowledge and an understanding of policies and procedures. At the Law Office of Scott D. DeSalvo, we are a Chicago medical malpractice law firm with many years of experience in this field. If you or a loved one has suffered an injury due to an anesthesia error, email or call us at 888-HURT-318 (888-487-8318) and give us an opportunity to assist you in getting the redress to which you are entitled.

Get Your FREE Injury "Cheat Sheet"

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

Testimonials

"Hiring Scott was one of the best moves I have made in my life.   Scott is a down to earth person and attorney.  Scott is a 5 star first class act who really knows his stuff.   The Judge said his presentation was one of if not the best he had ever seen.   Take my advice, hire Scott. I’m sure you’ll be 200% satisfied.  I was."

Richard Lange

Cab Driver, Fall Down                  See More >

Want The Injury "Cheat Sheet"?

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

When Do You Need A Work Related Injury Attorney?

When Do You Need a Work Related Injury Attorney?

Getting injured at work can be devastating for you and your family.

The emotional costs of these injuries can be hard enough to deal with. When you consider the potential financial costs, it can be extremely overwhelming. 

In these cases, a work related injury attorney may be able to help you get the compensation that you deserve to help your family overcome this hardship. 

Filing for worker’s compensation can result in a lot of negative pushback from employers and other employees. They could be upset that you are attempting to rock the boat. 

Employers are not always looking out for your best interests. So, you need to have somebody on your side if your compensation request goes awry. 

Here are some ways you can determine whether or not you need a work related injury attorney.

The Nature of the Injury

What were the circumstances that lead to your injury? This is an essential question asked in all personal injury cases. 

If your injury happened at your workplace, you may think you have a substantial claim. But you must be able to prove that your injury was a direct result of your employer’s negligence. 

For example, let’s say you became injured after falling in your company’s warehouse. In this case, you have to be able to prove that your injury was because your employer did or didn’t do something. 

Many cases have been won or lost based on this question. If you are in a public place and you slip and injure yourself because of standing water, you have a valid claim for compensation. 

But if there was a “caution” sign next to that standing water, then whoever owns that public place is not technically liable for your injury. 

That’s why you will see many disclaimers post all around work environments that some would consider dangerous. This is a huge part of what makes some compensation cases so complicated. 

Cases where the injury happened at an offsite location can be even trickier. Even if you are at a specific location for the purposes of your job and you get injured, you may not have a substantial case. However, there are instances where these cases were successful. 

Either way, the “how” is the most important part of building your compensation case. This is because the answer to that question will define who is to blame for your hardship. 

The Severity of the Injury

How serious is your injury?

This qiestion directly correlates with whether or not you need to employ a work related injury attorney. If your injury only requires a brief hospital visit or a simple outpatient procedure, it may not be in your financial interest to hire an attorney. 

But if your injury is more serious, there will be more costs associated with it. Additionally, you’ll be entitled to much more money.

For example, if you are severely disabled in some way because of employer negligence, there will be a lot to endure. These things can include surgery, lengthy hospital stays, and physical rehabilitation. 

These injuries can change a person’s life. They will need compensation to ensure that their affairs are being taken care of when they can’t control them. 

A work related injury attorney is often hired in cases where an employee will have to miss work and will not be able to be paid a livable wage for the length of recovery.

In these cases, an employee may be entitled to compensation. This compensation can cover medical costs, lost wages, and emotional damages associated with the injury. 

But sometimes, employers will not want take your injuries seriously. They will pressure you into downplaying your injury so they don’t have to pay you as much. 

Whether or Not Your Employer is Cooperating

Severe, permanent injuries warrant a serious payout. 

This is a major reason to employ a work related injury attorney. The problem is that there are employers out there who will seek to give you as little money as possible for your injury — even if they were indirectly responsible for it. 

It’s shameful, but a lot of employers just want to save their money. This is true even if it means putting your financial and emotional situation in turmoil. 

Insurance companies are sometimes just as guilty. Often, a representative will attempt to question the circumstances and severity of your injury. They will try to pay out less money than you deserve. 

Their job is to question the validity of your claims. However, this undermines the plight of workers who actually need compensation to survive. These workers are regularly not taken seriously. 

In times like these, you need someone who will fight for you and speak up for you and your family. A lawyer can work as your spokesperson. 

An attorney can also negotiate a settlement for you. Settlement payouts can sometimes be in the millions. They can go a long way to ensure you and your family’s security. 

Sometimes, your injury at work is caused by a chronic hazard at your job, such as asbestos. In this case, a lawyer can contact other plaintiffs and help build a class action lawsuit against your company. This way, nobody else will be hurt by their negligence. 

Ready To Hire A Work Related Injury Attorney?

Remember, it’s crucial that you make the decision to contact an attorney before too much time has passed.

The longer you wait, the less that will be covered by your employer’s insurance. You will have to shoulder most of the cost out of pocket.  The time limit to file a worker’s compensation lawsuit varies per state. So, make sure you are aware of the restrictions. 

Hiring a work related injury attorney is the first step to justice. Your injury was not your fault. You shouldn’t have to bear the brunt of all of the expenses associated with your injury. 

Consider employing a work related injury attorney that has experiences dealing with cases like yours. 

Contact us for a free case evaluation and to get closer to receiving the emotional and financial support you need. 

Get Your FREE Injury "Cheat Sheet"

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

Testimonials

"Hiring Scott was one of the best moves I have made in my life.   Scott is a down to earth person and attorney.  Scott is a 5 star first class act who really knows his stuff.   The Judge said his presentation was one of if not the best he had ever seen.   Take my advice, hire Scott. I’m sure you’ll be 200% satisfied.  I was."

Richard Lange

Cab Driver, Fall Down                  

See More >

Want The Injury "Cheat Sheet"?

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

7 Smart Tips from Personal Injury Attorneys in Chicago

7 Smart Tips from Personal Injury Attorneys in Chicago

Injured man consulting an attorney about a lawsuit.

You’ve just been injured in a car accident. Left leg was broken. Index finger on your right hand crushed. Left thigh burned to the third degree.

You know you’re entitled to financial compensation due to the negligence of the other driver, but you’re not sure how to go about getting it.  

So where do you turn? The good news is that persoanl injury lawyers are available to help.

Let's take a look at 7 smart tips on how you can successfully naviagte your claim with the best personal injury attorneys Chicago has to offer.

1. File a Police Report ASAP

Remember, if it’s not documented, it didn’t happen, at least according to the courts. Unless you have what happened in writing, anyone can say anything during a personal injury case.

Be sure to include as much relevant information as possible, including the:

  • Full names of every person involved
  • Contact information for every person involved
  • Facts as you know them to be
  • Make and model of the other vehicle if in an auto accident
  • Location and time of the accident
  • Machinery, objects or anything else involved in the accident if not an auto accident

It’s a good idea to write down as much information as possible before filing the police report.

2. Collect Evidence

Every little piece of evidence you can gather for your case can have a significant impact and adds credibility. Your personal injury lawyer can help you with this.

When you’re searching for “personal injury attorneys Chicago,” you’ll want to read the testimonials. Once you’ve established that you’ve chosen a reputable lawyer, he or she can help you know what type of evidence is most important to your case.

Keep in mind that lawyers can get sued, too. So, you’ll want to make sure that the information you’re giving your attorney is accurate, complete, and provided to the best of your ability.

3. Speak Mindfully

During a personal injury court battle, less is more. Make it a point to only speak with your attorney in the privacy of his or her own office.

You’re entitled to your privacy, and the details are no one’s business but yours and whomever you choose to share them with.

Avoid speaking about your case to family, friends, and especially strangers. Though it may seem as if your words are safe when you’re chatting with the grocer, beware. Even the walls can have ears.

Remember that “anything you say can and will be used against you in a court of law.” Keep your confidential information confidential.

4. Take Responsibility For Your Emotions and Reactions

After you’ve sustained a personal injury, all sorts of emotions may come up: anger, grief, fear, sadness, resentment, betrayal. And these are all valid and completely understandable.

But don’t forget these are your emotions, and you can choose how to respond to the situation when they arise.

Pursuing a personal injury claim is about receiving what you’re due in compensation for the physical, financial, psychological and employment consequences you endured. This is not about revenge. It’s only about justice.

So, even though it may be tempting to shout at or curse the person who harmed you, keep your emotions in check. Speak respectfully to all parties involved in your case, resting in the knowledge that justice will be served.

5. Stand Your Ground with Your Insurance Company

It’s natural for your insurance company to offer you the lower financial compensation that you deserve during your first attempt to contact them. They’re trying to save money and will agree to the lowest you will allow. This is normal operating procedures for insurance companies.

While you do want to be reasonable, you don’t want to sacrifice what you’re entitled to. Their inability or unwillingness to see the extent of your personal injuries does not have to determine how much you settle for.

Contact them a third or fourth time if needed. It’s normal for there to be several offers and counter-offers before reaching an agreement.

Comprise where you can to show them that you know what you’re worth and you’re willing to be open and reasonable. But also know when not to budge. This is where a personal injury attorney can help tremendously.

6. Social Media Can Be Your Best Friend or Worst Enemy

Many of us enjoy our daily romp down the Twitter page or our hourly browsing of Facebook pictures.

Social media is connecting, entertaining, and just plain fun.

But it’s important to remember that all this can change during a personal injury claims battle. Every status you post, every picture you take, every comment you give — all of it can potentially be used against you and hurt your personal injury claim.

From that picture of you throwing a ball to your 2-year-old cousin to that status about the great time you had a party the night before, you can greatly affect the outcome of your settlement.

These pictures and statuses can be used to demonstrate that you’re not really that hurt, or that you haven’t really suffered that much.

A good rule of thumb is to take a break from social media altogether during the personal injury claim process. It may just be worth the withdrawals you go through.

7. Hire a Good Personal Injury Lawyer

This may be a given, but it bears repeating. A good personal injury attorney can fight the battles that would only give you additional headaches and stress.

You’ll want to either fully research “personal injury attorneys Chicago” or get a very good recommendation from a trusted source.

The nice thing about having a lawyer is that they often fight these types of battles for you to get you the greatest financial compensation possible.

The next time you’re searching for “personal injury attorneys Chicago,” remember these seven tips.

The Best Personal Injury Attorneys Chicago Can Provide

You don’t want to cheat anyone. You just want to receive what you’re entitled to.

When you’re looking for personal injury attorneys, look no further than DeSalvo Law.

We’ll work with you to make sure you receive what you’re due, and we’ll be there for every step of the journey.

Contact us for more information and let us lead the way!

Get Your FREE Injury "Cheat Sheet"

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

Testimonials

"Hiring Scott was one of the best moves I have made in my life.   Scott is a down to earth person and attorney.  Scott is a 5 star first class act who really knows his stuff.   The Judge said his presentation was one of if not the best he had ever seen.   Take my advice, hire Scott. I’m sure you’ll be 200% satisfied.  I was."

Richard Lange

Cab Driver, Fall Down                  See More >

Want The Injury "Cheat Sheet"?

Inside, You'll Discover How To:

  • INCREASE Your Chance To WIN Your Injury Case!
  • How To ELIMINATE The Most Common Dirty Trick Insurance Companies Do!
  • Get EVERY DOLLAR The Law Allows!

Best of All,  You Can Download The Injury  "Cheat Sheet" RIGHT NOW and It's 100% Free and No Obligation

When Should New Mothers Hire Medical Malpractice Lawyers?

Chicago Nursing Home Abuse Lawyer

nursing home injury

One of the most difficult things millions of Americans face each year is placing their parents or other elders in a nursing home. It’s often a heart-wrenching decision. You want some assurance your loved one will receive humane treatment and care.

They do this with the trust that their loved one will be well taken care of. This trust is not unwarranted. Nursing homes are premised upon the assumption that your loved one will receive better care in a facility than they would on their own.

For many this is true. But unfortunately for some, it is not. When your loved one is victimized by the staff at a nursing home, you need a nursing home abuse attorney in Chicago to help you fight for your loved one’s rights.

As Chicago nursing home abuse attorneys, at the Law Office of Scott D. DeSalvo, LLC, we share your concern. We want to offer a number of suggestions to help you find a nursing home where your loved one will be treated with dignity and respect and receive attentive care.

What is Elder Law?

Elder law is a subset of personal injury law or tort law. In general, the elder law deals with the legal considerations of aging, such as end-of-life issues, guardianship and personal injury law as it relates to nursing home neglect.

Duties of a Nursing Home Attorney

An elder law attorney can provide assistance with any of the following:

  • The importance of wills and estate planning
  • Ensuring power of attorney
  • Financial representation
  • Healthcare planning, including long-term care options and patient rights
  • Nursing home rights and filing a claim

They also specialize in senior citizens, which leaves them better equipped to handle sensitive emotional and psychological matters for older adults.

Your Loved One Has Rights

Any resident of a Medicare or Medicaid-certified nursing home has a number of rights and protections under both federal and state law. These rights should be explained in writing at the time someone is admitted to the nursing home.

It should continue to be explained in a way that said resident can understand throughout the term of their stay. Residents must own a copy of their rights in writing and acknowledge that they understand them.

Yet, however standardized these regulations attempt to be, there are still many cases of nursing home abuse and neglect on our nation’s elderly.

Around 1.4 million Americans live in nursing homes and as the population ages and baby boomers become elders, this number is only expected to increase.

A congressional report conducted over a 2-year period found that nearly 1 in 3 nursing homes were cited for violations, with the potential to cause harm. On the other hand, almost 10 percent had violations that caused actual harm or even death.

Another survey found that up to 44 percent of nursing home residents reported having been abused at some point during their residency. These awful numbers have caught the attention of state legislatures, prompting anti-elder-abuse laws in all 50 states.

However, sadly, nursing home abuse continues to occur and often goes unreported.

Don’t Go Through It Alone

If you suspect nursing home abuse, you don’t have to go through it alone. This can be a confusing time. You entrusted the care of your loved one to the nursing home and their staff. And they have let you down.

It can be difficult to believe and may leave you in denial or search for answers that aren’t there. When you are in this state of mind, it’s best not to handle the case on your own.

You need the assistance of an experienced nursing home abuse attorney in Chicago so you don’t make any mistakes that could cost you the compensation your loved one deserves.

With the help of an attorney, you can get the case settled, while still giving your loved one the attention he or she needs in this difficult time.

Examples of Nursing Home Neglect

Imagine rushing to the hospital after getting a call that your elderly parent has had a stroke. Upon arriving, you find that not only do they no longer have a long-term care policy, but their financial assets have been signed over to a stranger.

This is where a nursing home attorney can help you. Senior abuse and neglect can take many forms, but it’s widely underreported – only 1 in 14 domestic abuse cases and 1 in 25 financial exploitation cases come to the attention of state and local authorities.

Knowing what some of these forms are will help you know when you have the right to pursue legal action. Here are a few common examples of types of elder abuse. If you’re concerned about someone’s well being, it’s always a good idea to ask what your options are.

  • Medication Error

In many cases, you put your elderly parent in a nursing home to make sure they are taking the correct doses of medication at the right times for their own safety.

A nursing home is responsible for making sure overdoses, underdoses, incorrect administration, or confusion of medications do not occur. If any of these happen, you may be entitled to financial compensation.

  • Financial Exploitation

This is the most common form of elder abuse and can include undue influence, theft and forgery.

  • Inappropriate or Wrongful Care

Any form of care that leads to illness or injury is grounds for a lawsuit and can include everything from sepsis to bedsores, to medication errors.

  • Life-Threatening Injuries

Residents of a nursing home rely on their caregivers to provide the appropriate level of supervision and care. If their failure to do so results in life-threatening injuries, you have the right to sue.

  • Insufficient Staffing

Many of the nursing home neglect problems arise from a failure to adequately care for and supervise the residents of the home. Cutting staff is one of the most common ways for facilities to reduce costs, despite the fact that there are laws in place to prevent such actions.

Their lack of staff has a serious cost, as many instances of nursing home neglect arise when staff does not adequately supervise and care for their residents.

  • Verbal Belittlement and Harassment

Emotional neglect and abuse are just as much of a concern as physical and financial abuse.

Verbal belittlement is one of the most common examples. It may seem small, but it can result in serious emotional and psychological trauma. Depression and anxiety are both signs of trauma and every senior has the right to feel safe.

If you believe that your loved one died as a result of poor care at the hands of a nursing home, it is imperative that you seek legal action as soon as possible.

3 Steps to Take if You Suspect Nursing Home Abuse

It’s easy to see nursing homes as giant and untouchable entities. If you take this view, it’s likely that you will fail to realize that you can fight back against elder abuse when it happens to you or your loved ones.

Chicago nursing home abuse lawyerWhen it comes to nursing home abuse, Illinois protects its residents, as does the United States. These facilities are federally regulated and if there is abuse happening, you are within your rights to seek recourse.

But before you take legal action, you need to act to protect your loved one and other senior citizens from the facility. It’s vital you stay vigilant and call a nursing home attorney in Chicago if you suspect that your loved one is a victim of nursing home abuse.

Until you can talk to a legal professional, be sure to take these steps:

1.Help Your Loved One File a Complaint

Nursing home residents are legally entitled to file a complaint with their nursing home. Staff is legally required to make reasonable accommodations to deal with these complaints.

As mentioned, nursing home abuse tends to be underreported. Among the reasons for this is that many residents fear retribution from staffers. Your presence will be reassuring to your loved one, who may fear his or her caretakers.

If the nursing home is being negligent, you’ll be able to hold them accountable by being an advocate for your loved one.

It’s likely that more than just your relative is being put at risk: this abuse is often systematic. Filing a report is the best way to put a stop to it and protect all families.

2. Look Into New Nursing Homes

It always helps to have options. If you suspect nursing home abuse, you don’t want to be left without a place for your loved one to stay. The Center for Medicare and Medicaid Services provides information on finding a caretaker for your loved one.

Read their publication on choosing a nursing home. At the new facility, visit as frequently as possible to make sure your relative isn’t experiencing the same abuse in a different location.

3. Investigate Your Nursing Home

Medicare.gov provides information on all active nursing homes. If you do some digging, you can research the records of various nursing homes, including your own. Understanding their track record can help you decide when it may be time to call a nursing home attorney in Chicago.

Here Are The Things To Pay Attention to To Avoid Chicago Nursing Home Abuse

Oftentimes, the victims of elder abuse are also made to feel that they will not be believed when they discuss their experiences. Make sure you take these steps to prevent your relatives from being victims of nursing home abuse.

Know what options you have if your relative is being victimized.

  • Visit More Than One Nursing Home So You Can Make Comparisons

There is a lot of difference in staffing level, the cleanliness of the facility and the attitude of the people who work there between nursing homes.  

You might want to spend some time there, just looking around and not just on a tour where the facility might be trying to put its best foot forward. Check when their guard is down. Doing your  homework is one of the best ways to make sure you can avoid Chicago nursing home abuse.

  • Consider the Location

The nursing home should be close enough that you can visit often without having to drive hours each way. I always tell clients and friends: if you have a loved one in a Nursing Home, you should have a presence there.  

Visit. Check in. If you have a question about your loved one’s condition or health, then ask questions. This is all easier if the Nursing Home is close to your home or work. It is also nice if it is in a good location for other family members or friends to visit too.

  • How Does the Place Smell?

The odors encountered are not always pleasant, but that’s sometimes unavoidable. Certain medications and diets sometimes make residents more gassy. As people age, they’re more likely to lose control of their bladder and bowels.

So, a faint unpleasant whiff isn’t necessarily bad. But if the facility reeks of stale urine, that could mean the place is not properly cleaned. Some medical smells are to be expected in areas where very ill people are living or if they are bedridden.  

But if the entire facility does not smell clean, then worry. Or worse, if it looks run down and does not look like it is cleaned regularly, you may be dealing with a facility that is just not attended to properly.  

If they do not take care of the physical building, they are not likely to give your loved one the care they need.

  • What Sounds Do You Hear?

Hearing someone moaning or yelling “help” doesn’t necessarily indicate bad care. It could just be an indication of patient dementia. Instead, listen to how the staff addresses residents. Do they speak respectfully or do they use demeaning names?

Listen to how they talk to address the nursing home residents. Are they being nice, or being short and ill-tempered? It isn’t an easy job, but patience is required.  

If everyday interactions with the old or sick people in a Nursing Home are short and aggressive or just unpleasant while they are being watched, this is not an encouraging sign. The language and actions are likely to worsen when no one is watching.  

You do not want your family member to be a victims of nursing home abuse.

  • Does the Facility Conduct Background Checks On Its Employees?

Under federal law, elder care facilities must not hire people who have committed violent acts against patients. Unfortunately, the law does not require the use of any specific type of background checks. The choice is up to each nursing home and they may not bother to check.  

I know that this isn’t fair to say, because plenty of people who get into some trouble with the law are very nice people. Everyone makes mistakes and sometimes, someone just made a mistake when they were young. Not everyone who gets into some trouble is violent.

But this is why a good background check is essential. The facility needs to know if a person has been convicted of a crime and if so, whether the crime is something relatively innocuous like possession of marijuana or curfew violation.

Or, whether a person was convicted of assault and battery, or aggravated assault charges.  These folks may not have the patience to tend to older folks in a nursing home who may be suffering from bedsores, or who cannot move around themselves too well.

These kinds of nursing home residents need understanding and cooperation.

  • How Do Residents Spend Their Afternoons?

Quality nursing homes have a daily calendar of activities for residents. If your loved one is room-bound, activities should be brought to them. Obviously, nursing homes are not vacation resorts and the physical limitations of the residents limit what they can do.  

Different residents have different capabilities and those capabilities dictate what they can offer by way of entertainment. But a nursing home should not be a human warehouse, where people are placed and forgotten.  

When the body fails, the mind needs stimulation. When the mind goes, people still need human contact, compassion and connection.

  • What Happens If I Run Out of Funds?

If my resources are exhausted, are you certified to accept Medicaid? It is important to line up how the nursing home is going to be paid for.  

The last thing you want to happen is that someone in your family gets their work hours reduced or they get laid off. And now, in addition to the household stress of a decrease in income, you have to worry about a nursing home hounding you for not making payments.  

To the extent possible, use insurance, disability insurance, Medicare, Medicaid, or other programs to ensure a stable flow of payment. This is so that if your loved one is being well cared for, they can stay there without disruption.  

For many of us, when we get older, change is hard for us. It is upsetting for older folks. Making sure the dollars and cents are taken care of keeps them in a stable nursing home facility.  It reduces their stress and yours.

You can get more advice from the Illinois Department of Public Health here.

Know The Signs

Nursing home abuse is happening all across America. The reason it’s so common and underreported is that people often don’t know what to suspect.

People committing nursing home abuse are dependent upon the fact that the victims won’t be believed (due to the decline in mental faculties associated with aging.) Or, they believe the victim will be too humiliated to speak up.

It’s what makes this crime so widespread — but also so sickening. If they suspect nursing home abuse, Illinois residents can fight back by knowing the signs.

  • Silence and Isolation

As we said, the reason so many nursing homes and nursing home workers feel entitled to commit this abuse is the low likelihood of reporting. In some cases, it’s because of the mental faculties of residents.

A person may have Alzheimer’s, Dementia, or just be experiencing senility. In any case, these conditions will make it a lot harder for residents to articulate abuse. Another reason is the humiliation associated with reporting abuse.nursing home abuse lawyer

The psychological trauma associated with the abuse suffered in nursing homes can make it a lot harder to report the incident or incidents. In either case, if your loved one is less talkative and seeks isolation repeatedly, there is very likely a reason for it.

  • Bed Sores or Injuries

Unexplained injuries are a telltale symptom of physical abuse being experienced in a nursing home. Senior citizens are a lot less likely than the average person to engage in a strenuous physical activity.

It is possible that a fall or a bumped knee could be to blame for a bruise or welt on an elderly person. But it’s more likely a sign of nursing home abuse Illinois residents should dread seeing. Bed sores, like bruises, can also be a symptom of nursing home abuse.

These are more likely to be ignored because people tend to think of them as the result of aging and being less mobile. But they often signify something darker. In either case, you should ask what’s happening to your relatives.

  • Dehydration, Weight Loss, Or Lack of Sanitation

There is absolutely no reason for anybody to be dehydrated in a nursing home. Dehydration, as we all know, happens because you have not consumed enough water. In a nursing home, attendants are supposed to make sure their patients are consuming the water they need.

This is what makes dehydration a sign of nursing home abuse Illinois residents need to be aware of. If your relative is dehydrated, your relative is neglected. Weight loss and unsanitary conditions are also serious warning signs.

If your relative is not being fed or is not having their room cleaned, they are likely being neglected. Neglect is one of the most prevalent forms of elder abuse. That makes it absolutely essential that people know these signs.

  • Unexpected Death

Unfortunately, this is often the end result of elder abuse. When it comes to nursing home abuse, Illinois residents need to know the signs. After all, older bodies can take a lot less harm or neglect than those of younger people.

That means that older people are far more likely to be killed by the abuse they experience than their younger counterparts – so don’t wait to see the signs.

How a Nursing Home Attorney Can Help

Dealing with elder abuse can be a frightening time for all involved. A nursing home attorney can help you keep your peace of mind and make sure your loved one receives the care and compensation they deserve.

First Steps

The best way to build a case of neglect or abuse is to visit frequently and report early, as many of the markers used to signify nursing home abuse and neglect are time sensitive (such as injuries).

You should record evidence of abuse and report it to local and state authorities. You can use the resource page on the National Center on Elder Abuse (NCEA) and contact members of your loved one’s immediate healthcare team (if they are not involved in the neglect).

Once reported, you can seek legal counsel to determine how to proceed. They can help you build a case and determine how to proceed.

Questions to Ask

When seeking a nursing home attorney, you should have a few questions in mind, including:

  • What percentage of your time is devoted to elder law?
  • Do you have an area of specialty within elder law?
  • What information will I need for our first meeting?
  • How are your fees computed?

All of these questions will help ensure that you find an attorney who specializes in the area most important to you and make sure that you are prepared when you begin to compile a case.

Injury Case Q&A

Now, we are going to answer Robert’s question about his dad’s stay at a nursing home where he took a fall.

“Hi, my name is Robert. My father is a resident at a nursing home and he fell out of bed and hurt his arm. I am not sure what happened but he has problems walking and he has fallen a lot before he fell at the nursing home.

Is this a case? What should we do? What is our first step?

Thanks, Mr. DeSalvo.”

Thanks for the question Robert. You know, nursing home cases are very good cases.

You might think that the fact that your dad had lots of falls before going into the nursing home makes it a tougher case because his injury at the nursing home involves a fall – it is actually the exact opposite.

When an elderly person or an ill person goes into a nursing home, the nursing home has to do a fall assessment risk. The assessment is in writing, so it should be in your dad’s hospital records or nursing home medical records.

nursing home abuse lawyerWhen the nursing home knows somebody has a problem with falling, they actually assess them for the risk and then there are safeguards that they are supposed to take.

Now, if they didn’t follow those safeguards or didn’t do a fall assessment and if your dad falls and hurts himself under the care of the nursing home, that is a really great case. It absolutely is a case that can be proven.

I don’t think you mentioned how bad your dad got hurt, but even if it is a minor injury, you don’t entrust your loved one into a nursing home for theme to only break the rules in a way that results in your loved one being hurt.

Whether it is a big case or a small case, there is compensation for your father. I would encourage that you definitely to talk to a lawyer just based on the information you’ve given me. Of course, you can call me or speak with any other attorney that you are comfortable with.

I would say you are better off going with an attorney who has some experience handling nursing home cases because they can be a little bit more complicated than, for example, a car crash case. However, it’s a solid case and you should do something.

I hope your dad is okay and I hope this information helps you. For the rest of you viewers out there, if you have any questions that you would like me to answer on YouTube or privately, you can send them in to calls@desalvolaw.com.

Count on Experience

A qualified nursing home abuse attorney in Chicago will have handled a vast number of cases similar to yours. Their expertise can be invaluable in determining the best course of action to take and what compensation to seek.

They won’t allow you to aim higher than you deserve, only to be disappointed by the final result. A lawyer can keep your expectations grounded and help you move forward on the path to healing.

Get Help From The Law Offices Of Scott D. DeSalvo, LLC

If you think your loved one is a victim of nursing home abuse and neglect then you need the help of a Chicago nursing home abuse lawyer. This is a systematic problem precisely because legal recourse is not taken nearly enough.

Meanwhile, senior citizens are being hurt, humiliated and even killed at alarming rates. Elder abuse is one of our areas of specialty. This problem is important to us because we believe our elders need to be treated with respect and dignity at all stages of life.

We also believe that families should be able to trust nursing homes to guide our loved ones through their golden years. We want to help make these beliefs a reality in the state of Illinois. If you suspect or know that your loved one is the victim of elder abuse, contact us immediately.

No one should have to deal with a case of nursing home abuse alone. A consultation with us is free and can take place in person or over the telephone.

A nursing home abuse lawyer understands the rights that should be afforded to residents and can assess whether or not those rights are being violated. Their expertise in the field will allow you to build the strongest case for your loved one so they receive the treatment they deserve.

Don’t let the nursing home abuse go unreported. Contact the Law Office of Scott D. DeSalvo, LLC and get the legal counsel you need. Call us today to get your case started.

If you or a loved one has been hurt or have questions about an injury case, I offer injured people a copy of my FREE Injury DVD and Book. Just call me at my 24/7/365 toll-free number 888-HURT-318 (888-487-8318)  and ask for the free injury book.

Give us your name and mailing address and I will mail it to you free of charge and with no obligation. If you are ready to talk, call that same number and ask to speak with me!


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8 Essential Questions to Ask Your Burn Injury Lawyer

8 Essential Questions to Ask Your Burn Injury Lawyer

In the U.S. approximately 450,000 patients are admitted to a hospital due to burn injuries.

If you suffered a burn injury due to negligence and think you have a case, you should get in touch with a burn injury lawyer. A lawyer can help you get through this tough time and get you the compensation you deserve.

To help you find the best lawyer, here are 8 questions you need to ask.

1. Do I have a Case?

During your initial consultation with a burn injury lawyer, the first thing you need to ask is if you have a case?

Your lawyer should be able to determine if you should move forward with the lawsuit. They can better explain to you the weaknesses and strengths of your case.

They will need to know the severity of your burn injury. Also, was the injury caused due to the negligence of a third party? And did you suffer any damages that can be recovered?

Keep in mind that even if you have a case, in the initial stages it might be difficult to determine what you’ll be entitled to.

2. What Kinds Of Damages Can I Expect?

If you have never filed a personal injury lawsuit, then you have no idea what you’ll be entitled to. However, your lawyer does, so you should be asking them what to expect.

Typically, in personal injury lawsuits, you can expect compensation for your medical bills. This should be a huge relief because hospital stays and doctor visits can have a hefty price tag.

You might also be entitled to loss of wages for the time you had to be out of work due to your injury.

The aftermath of a burn injury always brings pain and suffering, so you can ask your lawyer if you can expect compensation on this matter.

3. How Many Similar Cases Have You Handled?

Remember that not all lawyers specialize in the same fields. If you want to get the best representation, then you need to know if your burn injury lawyer has what it takes.

You shouldn’t be shy when asking about their experience. Ask them how many burn injury cases they’ve handled over the years. Did they always specialize in personal injury or did they change practice areas over the years?

Ask them if they have ever been on the other end of a personal injury lawsuit.

4. What Other Areas Do You Specialize In?

Just like you want to know if they’ve handled cases similar to yours, you should also ask what other areas they practice.

It’s not a bad thing if your lawyer specializes in other areas. It’s good for your lawyer to have a wide set of skills and experience. However, you want to pick the one who will handle your case better.

For example, you wouldn’t go to an orthopedic surgeon about a brain injury, even though he’s still a doctor.

5. How Many Lawyers In The Firm Handle Similar Cases?

The lawyer you meet with will probably won’t be the only one working on your case. In fact, a lot of the cases in a law firm are delegated by the partners to associate attorneys and paralegals.

They always remain under the complete supervision of the lawyer handling your case, but they do handle a large portion of the workload. This is not a bad thing, after all, this is how most successful lawyers get their experience.

However, you should still find out if the other lawyers helping in your case have handled cases similar to yours, or have extensive experience with personal injury suits.

6. What Are Thier Contingency Fees?

For the most part, personal injury lawyers work on a contingency fee basis. This means the client will pay the lawyers if the case settlement is successful.

If the lawyer loses the suit, then neither you or the lawyer gets any money. You’re also not required to pay the lawyer for any fees.

However, if you win, the lawyer receives a percentage from the settlement. The contingency fee agreement is usually one third.

Ask your potential burn injury lawyer if he or she is willing to work on a contingency fee basis, and make sure this is clear in the engagement agreement.

When a lawyer agrees to take a case under contingency, it’s usually a great sign. If you don’t get paid, then your lawyer doesn’t get paid.

7. What Is Their Case Strategy?

You might want to know what strategy your burn injury lawyer will use to win your case.

Their strategy has to be well planned based on the severity of the burn injury and all of the evidence provided during the consultation.

When your lawyer discloses their strategy make sure you ask specific questions about it. What are the pros and cons of said strategy? Also, ask if there are other ways to handle it.

Ask your lawyer why they think this is the best strategy, and if they have used it in the past.

8. How Long Will It Take to Settle the Case?

When it comes to personal injuries, usually medical bills really pile up. You might be in a hurry to settle the case so you can take care of all the payments.

A lot of factors that will determine how long your case will take to settle. Depending on the claim you’re making, your lawyer will be able to provide you with a better time frame.

Remember that they cannot provide you with an exact time frame, but maybe you can ask them for the time frames of each step they take.

A lot goes into investigating an resolving a personal injury lawsuit. You will often have to attend proceedings, there’s investigation that needs to take place, and much more.

Take the estimated time frame your lawyer provides you with as an estimate only.

Ready To Hire a Burn Injury Lawyer?

Suffering through a burn injury is stressful enough, getting a lawyer to help you in your case doesn’t have to be.

We hope these 8 tips will help you in your search for a burn injury lawyer.

Are you in the Chicago area and in need of a personal injury lawyer? Contact us for a consultation and to learn more about our practice areas.

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Questions to Ask Nursing Home Staff

Questions to Ask Nursing Home Staff

Moving an elderly loved one into a nursing home is often more complicated than you expect. There are many things you must think about in terms of the level of care your loved one needs.

Besides, in making that decision, you want to be absolutely certain that your parent or loved one will be safe and will receive the best possible care.

With so many factors to consider – from the type of care, nursing home certifications, bed availability and more, it’s hard to know which questions to ask. We’ve compiled a list of the top questions to ask nursing home representatives and staff before moving a loved one in.

At the Law Firm of Scott D. DeSalvo, we are professional Chicago nursing home abuse attorneys. We share your concern for the safety and well-being of your loved ones and we want to help you make that crucial decision.

When considering nursing homes, we suggest you ask the following questions before making a final decision. These questions will help you avoid low-quality nursing homes where residents are forced to find a nursing home lawyer in Chicago to finally make things right.

What level of certification do you have?

This is a question you can ask about the nursing home itself as well as the staff. Nursing home administrators must be licensed in their state and, while not required, the good ones have additional professional certifications.

What types of care programs do you provide?

It’s a common mistake to assume that all nursing homes are the same. Each resident has unique needs and depending on your loved one’s needs, even an otherwise great nursing home may not be a good fit.

Are there beds available?

A simple question that shouldn’t be overlooked. Proper levels of staff ensure your loved one gets the individual attention and care they need and deserve.

Are your visiting hours flexible?

Some nursing homes have strict schedules for visitation. Depending on your situation, visiting during the usual hours may be inconvenient. Make sure it’s easy to visit your loved ones when you want to.

May I see a menu?

Finding out what kinds of food are available at the nursing home is important. Especially if you have religious preferences that require certain types of food be made available.

Other Questions To Ask

  • Has the facility’s license ever been revoked?
  • Does the facility do background checks on all staff members?
  • What is the patient to staff ratio and how many nurses are on duty at each shift?
  • Are the nurses RNs or LPNs?
  • Do you have a medical director who visits the facility regularly? It’s important that the facility has regular contact with a medical director.
  • Do you have an activity director? If yes, that shows that they try to keep residents occupied and not alone and isolated.
  • Do you have a social director who will meet individually with your loved one, get to know them and help them adjust to the facility?
  • Do you have a certified nutritionist on staff? This is important if your loved one has special dietary needs.
  • Do you provide pharmaceutical services or must the family meet those needs?
  • Are X-ray services available at the facility? This is important if your loved one needs X-rays on a regular basis.
  • What is the rapid response time in case of an emergency that requires transportation to a hospital?
  • What administrator is available on weekends to deal with questions and concerns?
  • Do you have an active family council where relatives of residents can meet with an administrator to discuss questions and concerns?
  • Does the staff have special training to deal with dementia?
  • Is there a special unit to deal with special needs such as Alzheimer’s disease?

We believe that if you get satisfactory answers to these questions, you can be relatively assured your loved one will be safe and treated with dignity and respect.

Hopefully, these questions will help streamline the process so you can easily find the best quality nursing home care for your loved ones. Sometimes things go poorly though and when they get really bad, it’s time to call up a nursing home lawyer in Chicago.

As Chicago nursing home abuse attorneys, we want to help you in any way that we can. Email or call us at 888-HURT-318 (888-487-8318) and give us an opportunity to assist you with your nursing home needs and concerns.

Contact the Law Office of Scott D. DeSalvo to receive the support you need.

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How To File A Medical Malpractice Suit: What To Expect From Physicians And Medical Institutions

How To File A Medical Malpractice Suit: What To Expect From Physicians And Medical Institutions

medical malpractice

Medical malpractice lawyers in Chicago are keenly aware of how common malpractice suits are. And the stats back this up: a survey by the American Medical Association showed that over 60 percent of doctors aged 55 or older had been sued. Because these suits are relatively common, most doctors and their medical institution will respond in predictable ways.

This post will outline the three phases of a medical malpractice suit and what you can expect in each stage.

Phase One: Filing Notice

To start the proceedings of a lawsuit in Illinois, a medical malpractice lawyer in Chicago will notify the doctor of their client’s intent to file a lawsuit. At that point, the doctor will contact their (or their institution’s) insurance company to be assigned a lawyer.

At this point, it’s unlikely you’d hear much from the doctor as they allow their lawyer to evaluate the case as it stands before making any moves.

Phase Two: The Lawsuit

Once you and a medical malpractice lawyer in Chicago file suit, what’s called the “discovery phase” will begin. The doctor and their lawyers will research any information that will help their case. You will have to respond to requests for information regarding potential witnesses, damages, etc.

You and your lawyer must respond to any request for information that is considered “discoverable.”

Phase Three: The Trial

Once a lawsuit goes to trial there are a few common focuses of the defense in medical malpractice suits.

  1. Discrediting expert testimony

Because malpractice suits depend on whether a physician violated the standard of care, an expert is needed to help determine that standard. If the physician and their lawyers successfully discredit expert testimony, it’s much more difficult to prove malpractice.

  1. Reducing or eliminating monetary damages

A key component to malpractice suits is that the mistake the doctor made had to have caused damages to the victim. So, a doctor may admit an error, but still win the case because the victim wasn’t physically hurt.

  1. Causation

Similar to number two, defense attorneys often argue that the damage a patient suffered was inevitable. For example, say a doctor makes a misdiagnosis and the patient dies a week later. If the defense could argue that the proper diagnosis wouldn’t have prevented the death anyway, the doctor wouldn’t be liable.

Malpractice suits are complicated and very difficult to win. If you have questions, contact the premier medical malpractice lawyers in Chicago at the Law Offices of Scott DeSalvo. Call us at (888)487-8318 today!

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Malpractice Examples: How To Know If You’re a Victim

Malpractice Examples: How To Know If You're a Victim

Every year, there are about 15,000 to 19,000 medical malpractice lawsuits in the US.

Medical malpractice law helps patients get compensation for injuries they suffer after receiving subpar treatment.

We always put our trust in medical professionals when we seek medical attention. We trust that they'll provide us with the best attention, care, and advice for our situation.

However, when they betray that trust, serious harm can happen and leave us seeking not only relief but also answers.

Here, we'll look at what medical practice is, the difference between medical malpractice and medical negligence, and common medical malpractice examples.

Medical Malpractice Meaning

Medical malpractice is the failure of a doctor or other medical professional to apply an acceptable level of learning or skill in giving treatment, which causes injury, damage, or loss to the patient.

Or it's a dereliction of duty by a medical professional through gross negligence, appalling ignorance, or criminal intent.

Medical malpractice happens when a doctor, other medical professional or hospital, through an omission or negligent act, causes harm to a patient. The negligence may due to errors in treatment, diagnosis, health or aftercare management.

Do You Have a Reasonable Medical Malpractice Case?

Medical malpractice cases are quite common in the US. However, simply having a negative experience after receiving medical care doesn't mean your healthcare provider committed medical malpractice.

To have a realistic medical malpractice claim, you and your lawyer must prove these things:

  • The standard of medical attention was violated
  • The medical negligence caused the injury
  • The injury led to significant financial loss

If your medical malpractice claim meets the above criteria, you might have a case. Also, it's important to understand the most common examples of medical malpractice. This will help you determine if you've got a claim.

Medical Malpractice vs. Medical Negligence

First of all, not every negative outcome after medical care is medical malpractice.

Physicians and other medical professionals can only do so much in all situations. Sometimes they won't be able to prevent a negative outcome or save a life. However, they owe their patients a duty of care.

In other words, they should know what a normal person with the same knowledge and in the same situation would have done. Proving this may be hard, which is why it's essential to use a reliable and experienced medical malpractice lawyer immediately.

Medical malpractice occurs when a medical facility or medical professional violates their duty of care for a patient. It has shades of intent in it while medical negligence doesn't.

Here's a classic example of medical malpractice: The medical professional knew they should have treated the patient but didn't do so knowing full well that their action may cause that patient harm.

While the medical professional didn't intend to harm the patient, what they did was intentional because they knew that their actions would put the patient at risk of harm.

For instance, a doctor opts to not do a costly diagnostic exam because the patient's insurance provider won't pay for the cost of carrying out the test. As a result, the doctor will bear the cost of failing to run the test.

In contrast, medical negligence doesn't involve intent. It occurs when a medical professional commits an error while treating a patient and that error causes injury to the patient.

Although the omission or act is definitely medical negligence, it's not the same as medical malpractice. This is because the medical professional didn't commit the error to cause harm to the patient or knew that the patient could suffer harm.

What about a medical negligence example? There are many good medical negligence examples, one of which is when a nurse unintentionally leaves a pair of scissors inside a wound.

She didn't deliberately injure the person, so her action might not result in a medical malpractice lawsuit.

Only a reputable and experienced medical malpractice lawyer is qualified to assess your case. They will use your facts to determine whether your claim is for medical malpractice or medical negligence.

Common Medical Malpractice Examples

Medical malpractice cases aren't as many as other cases each year. However, some medical errors are quite common in many medical malpractice claims, including:

Delayed Diagnosis or Misdiagnosis

A huge chunk of medical negligence claims involve delayed diagnosis or misdiagnosis. Failure to diagnose a serious illness early or misdiagnosing a patient can have disastrous consequences for them.

Failure to properly diagnose a patient can make them miss out on useful treatment early on. Therefore, their illness may progress and become much worse.

If you believe you've had a delayed diagnosis or you've not been properly diagnosed, you can take certain steps.

Most medical negligence attorneys will recommend visiting different medical providers within the same specialty. This is so you can compare their treatment to that of your original doctor.

The secret to proving medical malpractice is to show that another medical provider, in the same situation and with the same skill, wouldn't have misdiagnosed you.

Anesthesia Errors

Anesthesia errors are quite rare but may be deadlier than surgery errors. Even a minor mistake by an anesthesiologist can cause brain damage, permanent injury, or even death.

Examples of anesthesia mistakes that might cause malpractice include:

  • Failure to investigate the medical history of a patient for potential complications.
  • Failure to let a patient know about pre-operative procedures (such as avoiding food for a given period before surgery)
  • Giving a patient too much anesthesia
  • Failure to monitor the vital signs of a patient
  • Incorrectly placing a tube inside the trachea to help a patient breathe (intubation)
  • Using defective anesthesia equipment

Medication Errors

A surprisingly huge number of people suffer injuries due to medication mistakes. These mistakes may be due to the doctor's method of administration or the initial drug prescription.

Medication errors that might result in a medical malpractice suit include:

  • Prescribing the wrong medication
  • Prescribing the wrong dosage of medication
  • Administering the wrong dosage of medication, or through the wrong route

When medication mistakes occur, there's the risk of the person's medical condition not improving. In addition, injury, additional symptoms, or even death may occur.

Surgery Errors

Surgeons and nurses working under them may make surgery mistakes that lead to a medical malpractice lawsuit.

Sometimes surgeons leave surgical tools inside a patient's body, puncture internal organs, or perform an operation on the wrong part of the body.

On the other hand, a nurse could be negligent in providing post-surgery care. This may cause complications like a serious injury or even death.

Prenatal and Childbirth Injuries

Medical negligence cases usually involve childbirth or prenatal care. Mistakes made in these stages may harm a baby in various ways.

Fetal injuries can include bone fractures, brain injuries, and nerve damage in the limbs. Negligent prenatal care may cause harm to the fetus and the mother.

Common errors committed by doctors before childbirth include:

  • Failure to detect birth effects
  • Failure to detect medical problems in the mother that may affect the pregnancy
  • Failure to detect an ectopic pregnancy

Childbirth negligence is another case common case of medical malpractice. A doctor's errors during childbirth may cause harm or death of the mother or baby or both. These errors can involve:

  • Missing birth complication signs
  • Failure to properly respond to fetal distress
  • Failure to sanction a Caesarean section when necessary
  • Failure to use vacuum devices or forceps in a competent way

If you've got any concerns about you or your loved one's treatment during pregnancy, consult respected negligence attorneys in your area.

IV and Catheter Problems

Catheters and IVs are regularly used to administer medicines, nutrition, and fluids to patients. Injuries may occur if the catheter or IV is not properly placed or monitored. Patients may suffer injuries due to fluid extravasation (leakage of fluids into tissues).

Improper catheter placement may damage internal organs. For instance, failure to place catheters properly may injure the urethra, which can cause permanent injury and infection.

Falls in Medical Facilities

The laws in place stipulate that hospitals and nursing care homes must take proactive steps to protect patients from falls.

They're required to assess a patient's risk of slipping and falling and take affirmative steps to reduce the risk. Falls are a common source of nursing home or hospital malpractices.

Post Surgical Infections

Infections after surgery are a very scary and very real problem that all doctors and medical facilities try to avoid.

The bad news for patients is that it's very hard to prove the origin of an infection. This means that even when patients are admitted to hospitals, negligence isn't automatic.

Closing Thoughts

Have you or your family member experienced any of these medical malpractice examples? If so, find a good law firm to represent your claim against the healthcare facility, doctor, or nurse responsible for the injuries.

While it may be difficult to argue and prove a case of medical malpractice, the experienced lawyers at the Law Office of Scott D. DeSalvo can help you.

Contact us today for a free evaluation of your case.

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