Medical malpractice occurs when medical professionals, such as doctors, nurses, dentists, or surgeons, knowingly or through negligence, fail to meet the medical standard of care and this failure leads to a patient's injury. Misdiagnosis and missed diagnosis occur when a medical practitioner fails to accurately diagnose a patient’s condition. In certain situations, failure to diagnose a patient's condition may lead to a medical malpractice claim. If you suffered from the results of a misdiagnosis, contact a medical malpractice attorney to see whether you are eligible for compensation. 

What You Need to Know About Missed Diagnosis in Relation to Medical Malpractice

Missed diagnosis is one of the substantial cases a medical malpractice claim may hang upon. It occurs when a physician misdiagnoses or overlooks a disease or condition that they should have diagnosed, and as a result, the patient suffers adverse effects. A missed diagnosis can be detrimental to the health and well-being of the patient and can result in severe consequences for doctors and medical professionals, including legal liabilities. 

Reasons for Missed Diagnosis 

There are various reasons why missed diagnoses occur, including:

On February 11, 2023, WLS-TV reported that a person was struck and killed by a Chicago Transit Authority (CTA) Yellow Line train in Skokie, even though all signal devices were properly functioning at the time of the accident. Public transit injuries in Chicago are much more common than people realize, and it can be difficult for people to know how to pursue these types of personal injury claims.

The Regional Transportation Authority (RTA) oversees three transit agencies in Illinois: the CTA, Metra, and Pace. The city is also served by Amtrak, tourist trolleys, and various taxis.

Differences with Public Transit Injury Claims

The Local Governmental and Governmental Employees Tort Immunity Act under 745 Illinois Compiled Statute (ILCS) § 10/ can make it much more challenging for a person to obtain financial compensation from a public entity. The good news for most injury victims is that the CTA is not afforded the same immunity from legal actions as other government entities.

Car accidents involving large commercial trucks such as semi-trucks or 18-wheelers can be especially devastating. The sheer size and weight of these vehicles can cause a great deal of destruction, and serious injuries or fatalities are not uncommon. If you were injured or a loved one was killed in an accident involving a commercial truck, you may be exploring your legal options. A personal injury claim or wrongful death claim is often the best way to hold a negligent truck driver or carrier accountable and recover monetary damages.

When it comes to investigating an accident involving a commercial truck, one of the most important pieces of evidence is the data recorded by the vehicle’s "black box" or event data recorder (EDR).

What is an Event Data Recorder and What Does it Record?

An EDR is a device that records various metrics related to a truck’s operation. It is similar to the black box recorder on an airplane, and can be just as informative when investigating the cause of an accident. The data recorded by an EDR includes information such as speed, braking, acceleration, engine rpm, transmission shift points, and seat belt usage. It can also store data related to the truck’s overall performance such as tire pressure, distance traveled, fuel levels, and engine temperature.

Protestors have been taking to the streets across the United States in response to the video depicting Tyre Nichols’s arrest. Unfortunately, videos showing violent police interactions with the public are not new, and this is not the first time a video like this has led to nationwide protests against police brutality.

In many cases, police brutality leads to physical injury, or even death. When these types of incidents occur, those affected may be able to file a civil rights violation claim against the police department involved.

Taking Legal Action After an Injury or Death Caused by Police Brutality

The victims of police brutality, or the family members of those killed due to police brutality, may be able to seek compensation for their injuries or loss. Claims can be filed against the officers involved in the incident and the department employing them.

Every year, there are a variety of new developments, perspectives, and insights that take place in the fields of personal injury and civil rights law. This can make it difficult to keep up with what is relevant in the ever-evolving legal space. However, at The Law Offices of David A. Kadzai, LLC, we strive to keep our clients informed about the law and the legal developments that may affect them, and we regularly publish blogs that provide helpful information about the legal issues we help clients address. Here is a list of our most-read blogs for 2022:

1. What Can I Do if I Am Falsely Arrested and Imprisoned in Illinois? - This blog explains the rights to due process that apply to all Americans and the steps people can take to respond to violations of these rights by law enforcement.

2. Can an Interrogation Violate My Civil Rights? - This blog looks at illegal tactics police may use during an interrogation to coerce confessions, including the use of violence.

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The roads throughout the United States can be dangerous, and car accidents occur on a regular basis. While multiple parties are aware of these issues, including automakers, government officials, and drivers and other road users, safety issues have continued to affect people, and the number of fatal accidents has continued to increase. Unlike many other countries, which have taken steps to improve roadway safety and reduce traffic fatalities, the United States has allowed for conditions that put many people at risk of harm. Those who are injured in car accidents will need to understand their options for pursuing compensation from a negligent driver or other responsible parties, and they can do so with the help of a skilled personal injury lawyer.

Reasons for Car Accident Deaths in the United States

The transportation system in the U.S. is designed with cars in mind, ensuring that as many people as possible can travel to their destinations quickly. Unfortunately, this emphasis on cars over people has led to safety issues that have resulted in increasing numbers of traffic fatalities. In 2021, almost 43,000 people were killed in car accidents, and many more suffered serious injuries. This represented an increase of more than 10 percent from 2020, continuing a troubling trend in which overall car accident rates have risen significantly over the last decade.

There are multiple reasons for the increase in the number of car accident deaths, but many of them stem from a failure to take steps to protect the safety of all road users. The average size of vehicles in the United States has increased, and while these vehicles provide high levels of protection for drivers and passengers, they do not take the safety of those outside of vehicles into account. Pedestrians and bicyclists are more likely to suffer serious or fatal injuries in collisions with large vehicles. Trucks or SUVs can also cause a great deal of damage to smaller cars, resulting in injuries for their occupants.

No one wants to worry about the possibility that their elderly loved one may have been mistreated while residing in a nursing home. Unfortunately, nursing home abuse and neglect are all too common. According to the National Institute on Aging, around 10 percent of people over the age of 60 have experienced some form of abuse, whether it be physical, emotional, financial, sexual, or neglect. 

Family members can play a key role in preventing nursing home abuse by catching it early on. Visiting your loved one regularly and being familiar with the staff at a nursing home will help you notice any changes in your loved one’s behavior or appearance that could be indicative of abuse. It is important to be aware of the signs of abuse and neglect so that you can take action if you suspect that your loved one is being harmed.

Signs of Physical Abuse

Physical abuse includes any type of physical force that results in pain or injury, such as hitting, slapping, pushing, or kicking. Signs of physical abuse may include bruises, cuts, broken bones, or other unexplained injuries. If you notice any of these signs on your loved one’s body, it is important to ask them what happened and report these issues to the nursing home staff immediately.

It is no secret that drinking and driving do not mix. The dangers of drug or alcohol use by drivers are well known, yet many people continue to get behind the wheel even though they know that their use of these substances has made them incapable of driving safely. In fact, the number of people who are seriously injured or killed in these types of accidents is on the rise. According to the National Highway Traffic Safety Administration (NHTSA), alcohol-related crashes claimed 11,654 lives in 2020, and this was a 14 percent increase from the previous year.

Car accidents caused by drunk driving can be very serious, and victims may suffer multiple types of serious injuries. Drivers who acted irresponsibly by using alcohol or drugs before getting behind the wheel will usually be considered to be at fault for an accident, and victims may pursue compensation for their injuries and damages, or a drunk driver may be held liable for someone's wrongful death. To ensure that they will be properly compensated, victims can work with a personal injury attorney who can protect their rights and advocate for their interests.

The Dangers of Drunk Driving

Alcohol or drug use can significantly increase the likelihood of an accident due to the following effects that drivers experience:

If you or a member of your family have suffered a serious injury, you may be unsure of how to proceed, especially if someone else was responsible. Making sure you receive the proper medical care can be confusing and difficult enough on its own, but if your ability to work has been affected, you and your family may be facing significant financial difficulties. To make matters more confusing, you may have been contacted by attorneys who claim that they can help you receive financial compensation, but you probably do not know how to choose the right attorney to help with your situation. By understanding the factors that may affect your choice of a personal injury lawyer, you can be sure that you are making the best decision for your case.

Questions to Ask When Selecting a Personal Injury Attorney

As you determine whether a lawyer will be the best person to represent you in your injury case, you will want to consider:

• Does the attorney have experience in personal injury cases? Many lawyers and law firms provide multiple types of services for clients. While a firm may market itself as a provider of personal injury services, it may focus primarily on other areas, such as family law, criminal defense, estate planning, or real estate. To make sure a lawyer will be able to provide you with the representation you need, you will want to make sure they have the necessary experience and devote a significant amount of their practice to personal injury cases.
• Does the attorney have experience in your type of injury? While an attorney may regularly provide representation for clients in personal injury cases, they may not have the necessary experience to address a particular type of injury. For example, a lawyer may usually assist clients with cases involving car accidents, and they may not have significant experience dealing with matters related to medical malpractice or nursing home neglect.
• Does the attorney have a record of success obtaining verdicts and settlements for clients? You will want to make sure the attorney has previously achieved success when representing clients in personal injury cases. The lawyer should be able to provide you with information about their case results, including the number of cases they have handled, the percentage of those cases that resulted in a favorable outcome for their clients, and the amount of money they have been able to recover by negotiating settlements or obtaining jury verdicts.
• Does the attorney provide legal services on a contingency basis? The costs involved in a personal injury lawsuit can be significant, and they may involve investigating the circumstances surrounding an injury, preparing and filing multiple types of documents, and hiring medical experts, accident reconstruction experts, or other experts. To ensure that you will not be required to pay these types of costs upfront, you will want to work with an attorney who handles cases on a contingency fee basis. When this type of fee structure is used, you will not be required to pay legal fees and expenses during your case, and your lawyer will only charge fees if they are able to recover compensation for you through a verdict or settlement.

Contact Our Hyde Park Personal Injury Lawyer

If you or someone close to you has been injured due to someone else's negligence, you probably have many questions about how you can address your needs and pursue financial compensation. At The Law Offices of David A. Kadzai, LLC, we can answer your questions and provide you with the assurance that you will have an experienced legal advocate fighting for your rights. To discuss your case with a South Side of Chicago personal injury attorney, contact us at 312-229-0050 and arrange a free consultation.

An accident involving motor vehicles should not be taken lightly, more so if one of those vehicles is a hazmat truck. Since hazmat trucks pose a greater risk to those they share the road with, there are various federal regulations they must adhere to. Truck drivers and affiliated companies are responsible for accidents caused by equipment failure, unsecured cargo, reckless or distracted driving, as well as driving under the influence. If you have been involved in a hazmat truck accident, you may be in need of a personal injury lawyer.

FMCSA Truck Regulations 

It is important to note the danger a hazmat truck presents to the road. This additional level of danger can be credited to the obvious, hazmat trucks carry hazardous materials. The Federal Motor Carrier Safety Administration (FMCSA) has defined 9 classes of hazardous materials a hazmat truck may be carrying; explosives, gasses, flammable liquid, flammable solids and spontaneously combustible materials, oxidizers and organic peroxides, toxic materials and infectious substances, radioactive materials, corrosive materials, as well as miscellaneous hazardous materials that are not included in the other categories. When materials such as gasoline and other combustible substances are spilled onto the road it may lead to slippery driving conditions or explosions. Incidents involving hazardous spills can result in car pile-ups, untreatable injuries, and fatalities. Even if you are not directly involved in the accident, airborne hazardous toxic gasses can travel miles away from the site of the leak, and exposure to these gasses can lead to lifelong respiratory ailments and neurological conditions. 

Filing a Personal Injury Claim 

The good news is that there is help available in the event of injury. Physical, emotional, and vehicular damages may entitle you to compensation. With the help of a lawyer, a personal injury lawsuit can be filed. Because legal processes can be confusing, a personal injury attorney can help you gather evidence, negotiate with insurance companies, determine liability, and file a personal injury lawsuit if deemed necessary. It’s vital to do so in the timeframe of two years following the accident, as the Illinois statute of limitations for personal injury lawsuits is just two years.

Nursing homes and other long-term care facilities must ensure that residents are protected and safe. A crucial aspect of this responsibility is preventing accidental injuries. Falling is especially dangerous for elderly and disabled individuals. A minor fall accident can have catastrophic consequences.

Many residents cannot move around independently. They need assistance to get in and out of bed, use the bathroom, or go to common areas of the nursing home facility. When residents are not given the help they need, they may try to move on their own, leading to slip and fall or trip and fall injuries. Falling can cause potentially life-threatening head injuries.

If your loved one suffered a head injury or traumatic brain injury because of an avoidable nursing home fall accident, contact a nursing home injury lawyer for help.

It is impossible to be fully prepared for a potential car accident, especially since you cannot predict the actions of others. Even if you obey all traffic laws and drive as safely as possible, other drivers may act negligently or recklessly, leading to dangerous collisions that can result in serious injuries and extensive property damage. To make matters worse, the person who caused an accident may be uninsured, making it difficult for you to receive coverage that will fully address your injuries and damages. Fortunately, one way you can prepare for this eventuality is by ensuring that your auto insurance policy includes uninsured/underinsured motorist coverage.

Reasons to Consider UM/UIM Coverage

If a driver who causes an accident does not have insurance, uninsured motorist (UM) coverage will address the expenses related to the injuries that occurred in the collision. Underinsured motorist (UIM) coverage will apply in situations where a driver has insurance, but the limits of their policy will be insufficient to address the injuries you have suffered. You should consider including these coverages in your auto insurance policy for multiple reasons, including:

1. 11.8% of drivers in Illinois are uninsured. This means that you have more than a 1 in 10 chance of getting in an accident with someone who does not have insurance coverage. In these situations, you may have limited options for receiving compensation that will address your expenses.

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As the weather warms up in the spring and summer and people begin to spend more time outdoors, the number of pedestrians on the roads will increase. Unfortunately, this means that pedestrian accidents will be more likely to occur. Pedestrians who are struck by cars or trucks are likely to experience multiple types of severe injuries, and in many cases, these accidents are fatal. By understanding the reasons that these types of accidents occur, injury victims can determine who was responsible, and they can take action to recover financial compensation that will address their injuries and other damages.

Pedestrian Accident Statistics

Data released by the Illinois Department of Transportation for 2020 shows that while pedestrians were involved in only 1.3 percent of all motor vehicle accidents, these accidents accounted for 15.8 percent of fatal crashes and 5.8 percent of crashes involving injuries. The risks that pedestrians face are significant, and some of the most common factors that play a role in pedestrian accidents include:

• Alcohol use - Around 46 percent of all fatal pedestrian accidents involve some consumption of alcohol by either a driver or pedestrian. While pedestrians may be at higher risk of being injured if they have consumed alcohol, drivers who are intoxicated are much more likely to cause injuries to others. Drunk driving significantly affects a driver’s ability to notice and respond to pedestrians, and an intoxicated driver is much more likely to inflict serious or fatal injuries in a collision.

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While there are many reasons that car accidents occur, driver negligence is often to blame for a collision. There are many different forms of negligence, including violations of traffic laws, aggressive driving, or failure to keep a vehicle properly maintained. However, distracted driving is one of the most prevalent issues that affects safety on roads throughout Illinois and the United States. Drivers who fail to fully pay attention to the road put everyone around them at risk. When drivers cause harm to others because of this type of negligence, victims who suffer injuries or other damages will want to determine their options for pursuing financial compensation.

Common Distractions That Affect Drivers

Distracted driving can take many forms, and it may include any actions that cause a person to look away from the road, take their hands off the steering wheel, or divert their attention away from operating their vehicle safely. Some of the most common types of distracted driving include:

• Texting while driving - Many people find it difficult to put down phones and electronic devices and refrain from using them while they are behind the wheel. The desire to stay connected and in contact with others can lead people to read and respond to text messages when they should be paying attention to the road. This can be very dangerous, since using a smartphone will make a person much more likely to miss important details and become involved in collisions.

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In January 2021, Illinois’ landmark Safety, Accountability, Fairness and Equity-Today (SAFE-T) Act began to go into effect. This massive law, inspired in part by George Floyd’s death in police custody and supported by the Illinois Legislative Black Caucus, enacted a wide range of criminal justice reforms. Now new additions are cracking down even further on police brutality and civil rights violations.

Noteworthy Provisions of the Original Law

Policing Reforms. By 2025, all law enforcement officers must wear body cameras for increased accountability. Anyone can now make a complaint against a police officer, even anonymously. Probationary officers now have to train on the use of force, de-escalation techniques, and mental-illness responses, as well as ethnic and racial sensitivity. Police also have more restricted justifications to use force during arrests and are required to stop other officers from using unapproved force.

Pre-Trial Court Procedures. Starting in 2023, Illinois ends monetary pre-trial bail. Instead, defendants will be released upon promising to appear in court (barring certain restrictions).

Snow and ice are common issues that Illinois residents have to deal with during the winter months. When cold weather or winter storms result in slippery sidewalks, parking lots, or other walking areas, the risk of injury in a slip and fall accident increases significantly. Even though people are aware of these hazards and will usually take care to avoid injuries when walking outside during the winter, accidents can still occur. 

A fall on snow or ice can result in multiple types of injuries, including broken bones, sprained or dislocated joints, or traumatic brain injuries. People who have been injured may struggle with a variety of financial and personal issues during their recovery, and they will want to determine their legal options, including whether they may pursue financial compensation from the owner of the property where an accident took place.

Premises Liability and Unnatural Accumulations of Snow and Ice

When a person suffers injuries while they are visiting property owned by someone else, the property owner may be held liable for the person’s damages. Generally, premises liability laws will apply if an injury occurred because of hazards on the property that the owner should have known about and failed to take action to address. Property owners or tenants who manage and control a property must take steps to correct safety issues or provide visitors with warnings about potential risks. 

18-wheeler trucks and other commercial vehicles are much larger and heavier than passenger vehicles. Because of this, truck accidents are likely to lead to serious injuries or wrongful death. While there are many reasons why these types of collisions may occur, driver fatigue is one of the most common problems that can affect safety on the road. Drivers, passengers, or others who are injured in collisions with commercial trucks will want to determine who was responsible, and with the help of an attorney, they can take action to recover financial compensation for their injuries.

Common Causes of Truck Driver Fatigue

Drowsiness and fatigue can be dangerous for any driver. If a person is drowsy, they will be much more likely to miss important details, and they may be unable to react in time to changing conditions on the road. If a person gets two fewer hours of sleep than normal, they will experience effects similar to drinking three alcoholic beverages, and going for 20 hours without sleep is generally considered equivalent to being legally intoxicated. Those who experience fatigue are three times more likely to become involved in a collision. For truck drivers who must remain in full control of a vehicle that weighs tens of thousands of pounds, drowsiness can be deadly.

There are many different reasons why truck drivers may become fatigued, including:

Certain types of abuse that occur in nursing homes, like severe neglect or even assault, lead to immediate and obvious physical harm. Other types of nursing home abuse are more insidious in that they may not directly and immediately cause physical injuries - but can lead to long-term negative health effects, or be associated with other forms of abuse that do cause physical harm. If you have a loved one who resides in a nursing home and suspect any type of abuse or neglect, it is important that you see that the matter is investigated. An attorney can help guide you through the next steps. 

How Non-Physical Forms of Abuse Can Cause Physical Harm

In elder populations, mental health is closely associated with physical health. Nursing homes that will engage in any form of abuse or neglect are not putting their residents first, and it may be prudent to question the safety of those in their care. The following forms of abuse can ultimately lead to physical harm down the road: 

• Verbal abuse - A resident who is being verbally abused may be reluctant to ask for help from staff when she needs it. This can lead to treatable health issues going untreated because a resident was fearful of raising her concerns. Nursing home residents often need assistance getting in and out of their beds or chairs or with other daily tasks like hygiene and toileting. An abused resident may hesitate to call for assistance and attempt to get up or perform a task alone, leading to a fall or accident. 
• Financial abuse - Stealing from a nursing home resident can cause more harm than just the immediate financial impact. Seniors are often on a fixed income and have limited money to spare. If a nursing home is taking financial advantage of its residents, there is a very real risk that they will not be able to afford other necessities. If your loved one has money missing, you may want to take a deeper look into whether they are missing any needed supplies like medications or have skipped doctor’s appointments. Even if the financial abuse has simply led to a resident needing to cut back on outings or recreational activities, these things are vital to the continued health of elders. 
• Sexual abuse - Residents who experience this horrific form of abuse may suffer extreme detrimental health effects,. Sadly, residents who are less able to communicate what is happening to them - or less likely to be believed if they try - are more vulnerable to this type of abuse. Physical harm can come about if a resident withdraws from social or physical activity or resists having certain hygiene needs met as a result. 

All types of nursing home abuse are to be taken very seriously. Quick action may be needed to protect vulnerable residents from further harm. 

Jails and prisons are designed to be unpleasant. They are punitive institutions, after all. However, just because you made a mistake and were sent to a correctional facility does not mean that you immediately lose all your rights. In the United States of America and in the state of Illinois, people confined in jails and prisons still enjoy certain constitutional protections. Being locked up may take away your freedom for the time being, but that does not mean you are entirely at the mercy of the guards. Treating prisoners in an abusive way or failing to meet their basic needs may amount to a civil rights violation that could be taken to court. If you believe that you or someone you care about has had their rights violated in jail or prison, speaking with an attorney should be your next step. 

What Rights Do People Have in Jails and Prisons?

The Eighth Amendment prohibits the use of cruel and unusual punishments.There are limits as to what means can be applied to punish criminals. Inmates check some, but not all, rights at the jailhouse door. Even if you are locked up, you still have these constitutional protections: 

• Humane conditions - Even if you have been convicted of a crime, you are still entitled to be housed in humane conditions. Significantly unsanitary or overcrowded conditions can amount to a violation. 
• Medical care - People in jail cannot leave to secure medical care for themselves. Prisons are charged with the care of their inmates, including necessary health care. Medical treatment inside may not be as good or as easily accessible as it is on the outside, but it must be adequate. 
• Discrimination - Correctional facilities may not discriminate against inmates based on their membership in a class that enjoys constitutional protections anywhere else. This means that if you faced discrimination based on your race, religion, age, or other such protected traits. 
• Complaints - Inmates have the right to lodge complaints about prison conditions without fear of retaliation. If you were punished for complaining, your rights could have been violated. 
• Cruel and unusual punishment - The exact definition of what constitutes cruel and unusual punishment can be elusive. Cruel and unusual punishment is a rather broad category. Acts like beating a prisoner who is not resisting or using starvation as a means of discipline certainly meet the criteria. Unfortunately, these are common examples of Eighth Amendment violations rather than extreme cases, as one would hope. 

Abuse of incarcerated persons is a serious issue, both in Chicago and across the nation. Guards may see inmates as easy victims with little recourse or believe that no one cares about the rights of prisoners enough to take action. However, there is recourse through the courts for inmate victims. Filing a civil rights claim can not only help you but also help other inmates who may suffer the same injustices you did. 

Every senior who relies on a skilled nursing facility for their daily care has the right to be treated with respect and to have their basic needs met, every day. Sadly, this is not always the case. If your loved one resides in a nursing home, you may be worried about how to make sure they are being adequately cared for. Now that many nursing homes are beginning to allow in-person visitation again after COVID-19 lockdowns, it may be wise to make note of a few subtle but common signs that a nursing home resident is being neglected. 

If you suspect that your loved one is being neglected in a nursing home, contact a qualified attorney. Your loved one may be entitled to compensation, and an attorney will be able to help you navigate any steps you may need to take to protect them. 

What Signs May Indicate Neglect of a Nursing Home Patient? 

Signs of purposeful abuse, like major unexplained injuries or a loved one who reports being yelled at, may be clear. Signs of neglect can be harder to spot, at least until the neglect has caused major health problems for the victim. Here are some more subtle signs of nursing home neglect to look out for during your visits: