January 14, 2019

Insider Information Lawyers Know About Malpractice

Medical Malpractice Attorney Chicago, IL

Would you like to know insider information about your malpractice claim that lawyers usually only tell their friends and family?  Read on, we spill some of the helpful tips that can make the difference between a substantial payout and your case being dismissed.

Many law firms already have hired relationships with doctors and nurses to help perform initial reviews of cases.  These medical professionals are trained in chart review how to look for signs an error or negligence may have happened directly causal to symptoms you suffer from.  You can help this process through doing your own careful documentation in a typed or handwritten log of key events in a timeline of your claim.

Sadly, there is no legal published list stating how many times a doctor has been sued in the past or was a part of a medical malpractice settlement.  Only In recent years have doctors received patient ratings that show up during internet searches. At times just one very ill patient or one with unrealistic expectations can skew the results for a given doctor to a low score.  Also be aware that these scores are very subjective. Some of the most skilled physicians aren’t necessarily the most personable. Sometimes patients are rating based on bedside manner and not just clinical results.

Next, the geographic location where your claim happened matters. Veterans Administration hospitals is held liable for medical malpractice under the Federal Tort Claims Act. Their rules and procedures will be handled differently from that of an average public or private hospital. Malpractice claims are filed in the county where your event occured. Cook County is known to be the most supportive in Illinois for plaintiffs to file, but the success rate for cases that goto trial is still only around 20%.  Don’t be surprised if it is more beneficial for your possible recovery to accept a settlement. But only make this decision after being sure you trust your legal team. Only they know the best legal strategy given all the complex factors that come into play in cases such as these.

In rural counties in Illinois, the success for plaintiffs is very low.  This is one reason why when you select where to go for future complex health treatments it is often wise to seek several opinions.  Also it is a good idea to consider travelling to a well-regarded teaching or urban hospital. In many cases the doctors there will be more experienced due to a higher volume of cases treated.   

You hold responsibility for your own treatment. One example of failing to doso can be if you left the hospital early AMA, Against Medical Advice, what insurance companies call comparative negligence. This means if you found to be 50% responsible, then you may only recover 50% of the associated damages in an injury claim. If found more than 50% at fault, you will get nothing.  In the future, bring a witness with you to procedures where you may have poor memory of directives the doctor gave or be coming out of anesthesia.

There are very few firms that have a track-record of winning medical malpractice cases. Hiring inexperienced firms can ruin your chance of winning your case.  Make sure you interview a potential medical malpractice attorney Chicago, IL offers at The Law Offices of Konrad Sherinian, LLC carefully.

January 14, 2019

Toys to Teach Kids STEM Skills

Patent Attorney Chicago, IL

By Krista Sherinian

It’s been said when children learn through play they absorb new information twenty times faster than using standard classroom methods.  Given it is predicted that the jobs of the future haven’t been fully conceptualized due to how fast technology is evolving it is wise to teach kids a variety of tech skills from coding to how to interact with artificial intelligence and robots.

Instead of traditional dolls that focus on style and accessories why not buy the girl in your life a Inventor Action Figure?  Created by Goldie Blox, they have a variety of toys that promote girls developing engineering and problem solving skills while having fun learning through play.

For example, the toy kits use pulleys, cranks, and other mechanisms to operate the toys such as a Spinning Machine or a Builder’s Survival Kit.  The Girl Scouts partnered with Goldie Blox to offer specially priced kits that troops can use to earn Mechanical Engineering badges through individual and groups challenges using the kits.  With many STEM fields still male dominated it helps that toys assist girls in visualizing themselves in these roles in a successful manner.

SnapCircuits kits use snaps, wiring into simple mechanisms and a project book.  What’s interesting is kids can build a number of projects from the same kit. They have the satisfaction of making lights turn on with switches or hooking up the power circuit to operate a motor with a fan. K’NEX is also a toy with project kits teaching teens to create things like amusement park ride replicas, track toys using sturdy plastic parts that link to metal battery powered mechanisms.  For kids that enjoy building toys like Legos, K’NEX is a natural progression.

Most exciting of all is ways to combine gaming devices with a motivation for parents and kids to work as a team to build complex projects using cardboard and other building materials to hold various disconnected touchscreens that interact with Nintendo Switch. For example, the traditional gaming remote becomes housed in a cardboard sleeve that allows new movements than a joystick. Predictions from tech parent blogs are rolling in about other platforms such as Shapeways possibly creating other post-market ways to use these systems with components made from 3D printers. The Nintendo Labo can construct models, vehicles, robots and a piano complete with 3D cardboard keys folded from pre-fab kits. Could this be the next trend in gaming since the Wii made kids more willing to exercise while they game?

If you have questions about intellectual property or technology laws contact an patent attorney Chicago, IL offers at The Law Offices of Konrad Sherinian, LLC  today.

December 16, 2018

Criminal Charges Filed Against Vicious Dog Owners in Texas

Personal Injury Lawyer

Fox 4 News is reporting that two people have been charged with felonies in connection with a mauling in September by two of their dogs in Arlington, Texas.

The 58-year-old victim, Milton Sturges, was viciously attacked by two pit bulls while he was handing out flyers and lost his nose and ears as a result. In an affidavit provided by police, doctors who treated Sturges labeled the incident as the worst dog mauling they have ever seen. As a result of the brutal attack, police in Arlington tracked down the owners of the dogs, 39-year-old Michelle Taylor and 37-year-old Lerondrick Taylor, and arrested them over the incident. Michelle Taylor turned herself in, and Lerondrick was already in custody on unrelated charges.

Lieutenant Chris Cook with the Arlington Police said the department believes the dogs were getting out of the house and roaming the area on a regular basis. Cook noted that it is lucky no children were killed or seriously harm by the dogs, whom police say the owners were unable to control.

To stop the attack on Sturges, police officers were forced to fire on and kill the animals. Although the attack took place near the end of September, it took the investigators on the case some time to determine where the animals had come from. Police documents show that the owners tried to use another dog to prove to police that their animal was alive and well and that the attacking dogs did not belong to them.

According to investigators, it was the uncovering of removed Facebook posts that allowed them to trace the two vicious dogs to the home of the Taylors, even though they had deleted the Facebook account previously.

One witness, who declined to be named but did speak to the area news, said she saw the dogs actually latch into Sturges during the attack, which was incredibly violent. Lt. Cook also added that the victim nearly died from his injuries and will have a lot of facial scarring for the rest of his life due to all the medical procedures needed to restore his face.

In Texas, there is an “attack by dog” charge that can be used to elevate dog bite cases from civil proceedings to criminal ones. Due to the severity of the mauling, the Arlington Police decided to use this state law for the first time, which has resulted in felony charges against the Taylors. The couple is now facing a fine of of up $10,000 and a possible jail sentence of two to ten years.

Sturges is currently recovering at his home, and police say he was pleased to hear they made the arrests in his case.

When animal owners are not responsible, someone else often pays the price. If you have been attacked by a dog and suffered injuries or losses because of it, you may be entitled to compensation from the person responsible for that animal. Talk to the best dog bite lawyer Denver, CO offers about your case today to protect your rights.

Thank you to our friends and contributors at the Law Office of Richard J. Banta, P.C. for their insight into dog bites and personal injury claims.

December 11, 2018

How Long Do I Have to File My Case?

Car Accident Lawyer

Every state has a set of laws that limit the time in which legal claims can be filed in courts. Those laws are called statutes of limitations. The time in which a lawsuit must be filed is called a “limitations period.”

States set different limitations periods for different kinds of lawsuits. For example, people usually have a longer period of time to sue for breach of contract than they have to sue for a personal injury. The limitations period for bringing an employment discrimination claim is usually shorter than the limitations period to sue for unpaid wages.

Personal Injury Limitations Periods

Different states set different limitations periods for personal injury lawsuits. Depending on the state in which the injury occurs, the statute of limitations may be as short as 1 year or as long as 6 years. Limitations periods of 2 or 3 years are fairly common.

The same state may set a different limitations period depending on whether the injury claim is based on an intentional act or negligence. Some states set shorter limitations periods for medical malpractice claims or wrongful death lawsuits than other kinds of personal injury cases.

Many states extend the limitations period when the accident victim is incapable of bringing a lawsuit. For example, minors usually cannot sue on their own behalf, so states often give minors who are injury victims a longer period of time to file suit. Individuals who are disabled or imprisoned may also be subject to a longer limitations period, depending on state law.

Injury victims need to be careful when they compute the applicable limitations period. For example, the limitations period in a negligence case might be measured from:

  •   the date of the negligent act;
  •   the date on which the injury arising from the negligent act occurred;
  •   the date on which the negligent act was discovered; or
  •   the date on which the injury arising from the negligent act was discovered.

The limitations period might also be extended when the negligent party fraudulently conceals a negligent act (as when a doctor falsifies medical records to conceal medical negligence). Since the limitations period can be difficult to calculate, it is wise to explain all the facts to a personal injury lawyer and to seek a legal opinion about the applicable limitations period.

Why Do Limitations Periods Exist?

A statute of limitations is sometimes called a statute of repose. The legal concept of repose means that people who might have done something wrong should not need to look over their shoulders for the rest of their lives, wondering whether they will be sued for their alleged misconduct. At some point, people should be allowed to stop worrying.

A more practical reason for imposing a limitations period is that it prevents evidence from growing stale. As time goes by, memories fade and physical evidence is more difficult to find. Requiring people to bring lawsuits while evidence is still relatively fresh improves the quality of outcomes by limiting the risk that claims and defenses will be based on unreliable evidence.

Lawmakers sometimes say that people should not be allowed to “sit on their rights.” That’s another way of saying that victims who have been harmed by another person’s actions should be encouraged to bring their lawsuits promptly. This is fair to the person who is accused of misconduct, because it becomes more difficult for those persons to find and preserve evidence to defend themselves as time passes.

Notice of Claim Statutes

A notice of claim requirement is similar to a statute of limitations. When claims are asserted against the government — such as a claim that a car accident was caused by poor road maintenance or a malfunctioning traffic light — the person bringing the claim is often required to give the government notice that the victim intends to bring a legal claim.

Notice of claim statutes may also apply to injuries caused by government employees. Whether they apply to traffic accidents in which a government employee (such as a municipal bus driver) was driving while “on duty” depends on state law.

Notice of claim statutes are generally much shorter than limitations periods. Injury victims may only have three to six months in which to file a notice of claim.

Required contents of the notice differ from state to state. Notice of claim statutes generally require the injury victim to identify the date, place, and cause of the injury. Some states require the notice (or a separate notice) to itemize the damages that resulted from the government’s negligence.

Failure to comply with a notice of claim statute, like the failure to file a lawsuit before the limitations period expires, can be fatal to the injury victim’s case. Injury victims should always consult with an auto accident lawyer Atlanta, GA trusts as soon as the injury occurs so that the limitations period and any notice deadline can be calculated promptly.

Thank you to our friends and contributors at Butler | Tobin for their insight into car accident claims and personal injury cases.

November 10, 2018

Broken Bones After a Car Accident

Car Accident Lawyer Naperville, IL

Getting into a car accident can already be an inconvenience for you. Your car might need repairs, you might be late to work, or you might even need a new car. However, having broken bones from a car accident can be serious, and it can mean time missed from work or school and even high medical bills. Attorneys know the damage that car accident injuries can cause. It can impact your family’s financial well-being, and it can result in months of healing and even physical therapy. Being injured by the negligence of another person on the road is never a small deal. Attorneys work hard to ensure your case is reviewed with diligence and fight to get you the compensation you deserve after a thoughtless accident.

How Car Wrecks Cause Broken Bones

It is not uncommon to have a broken bone after a car accident. When a bone is fractured, it is physically broken in some way. Two common types of broken bones are:

  • Minor Stress Fractures
  • Compound Fractures

When someone else hits your car—let’s say you were involved in a head-on collision—you and the other vehicle suddenly and abruptly come to a crashing stop. When this happens, the cars stop moving, but your body continues to move due to inertia. You keep moving forward but other parts of your body might jerk backward or from side to side. This alone can cause bones to break. Other ways your bones could break are due to outside forces. For example, airbags can cause rib damage, and outside objects can put enough pressure on your bones, forcing them to break, if your car is being pushed or compacted in any way. These incidents can cause severe fractures, especially if broken bones result in open wounds.

What Happens After a Broken Bone?

It is important to keep in mind that any broken bone sustained by a car accident is serious and should be treated through professional medical care. However, some broken bones can lead to more serious damage.

  • Joint or Muscle Pain. This can become chronic after an accident. Joint or muscle pain can be a result of a broken bone and last for years or even for the rest of your life.
  • Infection. When a bone breaks or pierces through the skin, infection is not uncommon. When these areas are exposed to bacteria, they can lead to complications and higher risks during the healing process.
  • Deformities. While your broken bone might heal just fine, that does not mean it will heal perfectly or heal in the way it was originally. A healed broken bone can still be damaged or different from how it was before the accident.

Contact an Attorney For Help

Receiving compensation for injuries sustained after someone else’s negligence caused by an accident should be the last thing you worry about. A car accident lawyer Naperville, IL relies on at The Law Offices of Konrad Sherinian, LLC will fight to get you the best possible outcome for your case and work hard to help get you compensation. Never settle for less.