St. Louis Injury Lawyer Blog

Madison County, Illinois, has been the subject of ridicule for a medical malpractice crisis. There is no crisis and never has been.

Over the past 10 years, there has been an average number of 5 medical malpractice cases each year that go to trial in Madison County, Illinois, and the significant majority of them result in verdicts for the physicians and hospitals. Unfortunately, this is far less than the perception of the public.

Why are there a limited number of medical malpractice cases filed? Under Illinois law, a case must be reviewed by a physician in the same field as the Defendant doctor or hospital, and this costs money - usually several thousand dollars. Most of the time, the review shows no malpractice - resulting in a loss to the client or attorney. In order to file suit, a physician's affidavit explaining the malpractice must be attached to the complaint.

Once the claim is filed, the doctor or hospital will begin defending the case. The insurance companies for the doctors and hospitals normally have the case reviewed by a board of physicians, compred of 25 or more physicians. All of them will render an opinion as to whether or not there is malpractice and advise the insurance company of their opinions. Even if there is a consensus of malpractice, the physicians generally have the final say on whether or not to admit malpractice and pay the claim. They rarely do - sometimes out of ego.

For clients and Plaintiffs attorneys, the risk is great. The cost of hiring expert physicians is great, ranging between $20,000 and $50,000 to prosecute one case. A loss at trial means these costs will not be recovered.

Due to the risk and expense of these claims, small claims are cost prohibitive. Generally, there needs to be significant injury, such as a wrongful death, and clear liability. If liability is not clear, insurance companies will not pay. Moreover, juries will not find for a Plaintiff in a close case - they always side with the doctor or hospital.

For these reasons, no frivolous claims are made. Most personal injury attorneys will not handle this type of claim. Further, there are only a limited number of attorneys who can afford to prosecute this type of claim, and spend the significant time required to research the medicine and work with experts.

The fact of the matter is that medical errors occur in Madison County, Illinois, as well as across the country. The national trend of increasing deaths due to medical accidents is a fact. Hearst newspapers have recently reported that the rate of these deaths has increased since 1999. This figure is appalling.

The effect of malpractice on families can be great. Victims can be affected for the rest of their lives. Patients are entitled to good patient care, and medical malpractice claims keep physicians and hospitals in check.

Continue reading "There Is No Medical Malpractice Crisis In Madison County, Illinois " »

Several patrons of a popular downtown Edwardsville, Illinois restaurant and tavern became sick after dining in February of 2007. Three women dining together at Vanzo's were subsequently diagnosed with salmonella, along with several others.

Madison County Health officials investigated the claims. Vanzo's agreed to shut down for a period of time during the investigation and was sold soon thereafter unrelated to the outbreak.

All victims dealt with cramping, stomach pain, vomiting and diarrhea for a few weeks. One of the victims in her 20s was diagnosed with rheumatoid arthritis only 4 months after the incident and continues to deal with symptoms she did not have before the illness. Her physicians believe the illness triggered symptoms that otherwise may have remained dormant. Another victim was set to take the California bar exam, and was forced to take the exam one week later while suffering from ongoing symptoms.

Two of the lawsuits were filed on the arbitration docket in Madison County, Illinois, and arbitrators recently rendered verdicts in favor of two of the victims.

One of the theories of recovery in a food poisoning case is strict liability. Under the theory of strict liability, restaurants may be held "strictly liable" for certain activities that harm others, even if they have not acted negligently. One of the reasons for this protection is that restaurants are in the best position to protect their customers, and obviously customers are at their mercy.

What are the causes of salmonella poisoning? There are several ways. Food may be contaminated during food processing or food handling. The unwashed hands of an infected food handler will contaminate food. A frequent cause is a food handler who does not wash his or her hands with soap after using the bathroom.

Continue reading "Edwardsville Illinois Restaurant Sued Over Salmonella Outbreak " »

In 2002, Andrew Schneider and Phillip O'Connor wrote an article in the St. Louis Dispatch entitled, "Nation's Nursing Homes are Quietly Killing Thousands." In this article they discuss how thousands of elderly Americans have died due to neglect in nursing homes. Bed sores, malnutrition, and dehydration are the main causes of death in these nursing home neglect cases. All of these problem can easily be solved. In one case a man named Donald Mallory, lost 40 pounds in a 37-day stay in the former Claywest Nursing Home in St. Charles. Court records say that 60 year old Mallory, was dehydrated, malnourished, and severely infected with bedsores when he died. Doctors who reviewed Mallory's medical records for a lawsuit said neglect caused his death. This is only one of thousands of cases of easily avoidable deaths.

Louisiana Sen. John Breaux, a Democrat and chairman of the Senate Special Committee on Aging, called deaths from nursing home neglect "a hidden problem." Investigations by his staff and other research show that 500,000 to 5 million cases of elderly neglect and abuse take place in institutions and private homes each year, although about 80 percent go unreported.

In this article, the Post-Dispatch examined the death certificates and the physicians' evaluations of 55 nursing home residents in Missouri and Illinois who died in the past two years and whose relatives decided to sue for neglect. The newspaper found that the cause of death listed on the certificate differed from what physicians said the medical records actually showed in 42 of the 55 cases. In 40 of these cases, the nursing homes involved agreed to a settlement with the family before trial or were found in civil proceedings to have committed neglect.

If you see any of the following signs of elderly abuse in nursing homes, they should be immediately investigated:

- Unexplained bruises, cuts, burns, sprains, or fractures in various stages of healing.
- Bedsores or frozen joints.
- Unexplained venereal disease or genital infections; vaginal or anal bleeding; torn, stained, or bloody underclothing.
- Sudden changes in behavior.
- Staff refusing to allow visitors to see resident or delays in allowing visitors to see resident.
- Staff not allowing resident to be alone with visitor.
- Resident being kept in an over-medicated state.
- Loss of resident's possessions.
- Sudden large withdrawals from bank accounts or changes in banking practices.
- Abrupt changes in will or other financial documents.
http://www.nursing-home-abuse-resource.com/nursing_home_abuse/signs.html

Continue reading "Nursing Home Neglect Signals" »

A local woman brought suit against Kerasotes Showplace Theater in Edwardsville, Illinois over a defective step. Interestingly, the entire trip and fall is on video. The movie goer walked down some steps in the middle of the movie to use the restroom. Between the upper and lower seats is a walkway. However, the walkway had about a 4 inch raise - for no apparent reason. It appears to be a design flaw. The woman fell straight to the ground when her foot struck the step, resulting in a signficant knee injury and surgery.

The defect is believed to be in every theater at the Edwardsville theater. Depositions have revealed that perhaps 10 or more people fell on the same or similar defect as Plaintiff. The "incident reports" produced in the lawsuit by Kerasotes indicate injuries have occurred to numerous victims and Kerasotes has yet to remedy the situation.

In trip and fall type cases, a Plaintiff must prove that the owner had knowledge of a dangerous condition. It is often difficult to prove a Defendant knew or should have known of a dangerous condition - they regularly deny knowledge of a defect. Here, Kerasotas acknowledges the situation via numerous reports, but has failed to make the condition safer for customers.

Continue reading "Edwardsville, Illinois Theater Sued Over Defective Step" »

As Illinois injury attorneys, we often handle workplace accidents. On February 2nd, 2009, a maintenance electrician working for Miller-Coors brewery in Golden, Colorado was found dead. His body was discovered near an energized electric panel. Regulators are considering fining Miller-Coors $128,500 for failing to meet required safety standards for their employees. The Occupational Safety and Health Administration (OSHA) found 10 safety violations of safety rules concerning electrical hazards.

On April 10th there was another incident where two employees were burned by electrical units at a Miller-Coors brewery. Of the 10 safety violations there was one alleged willful violation where MillerCoors failed to ensure employees wore proper protective equipment when working near energized electrical parts. OSHA found all ten violations involve work practices and protective equipment.

The data below was found on Electrical Safety Foundation International's website

• In the workplace, data from the National Safety Council indicate that electrical hazards cause nearly one workplace fatality every day.
• Annually, electrical hazards are listed as the cause of approximately 4,000 injuries.
• Electrical incidents, while only a small portion of those that occur on-the-job, are far more likely to be fatal.

According to the OSHA, "electricity has long been recognized as a serious workplace hazard. In 1999, for example, 278 workers died from electrocutions at work, accounting for almost 5 percent of all on-the-job fatalities that year, according to the Bureau of Labor Statistics. What makes these statistics more tragic is that most of these fatalities could have been easily avoided." When companies do not follow the safety procedures set up by OSHA, accidents are likely to occur.

This table taken from the OSHA shows the general relationship between the amount of current received and the reaction when current flows from the hand to the foot for just 1 second.

Below 1 milliampere: Generally not perceptible
1 milliampere: Faint tingle
5 milliamperes: Slight shock felt; not painful but disturbing. Average individual can let go. Strong involuntary reactions can lead to other injuries.
6-25 milliamperes (women): Painful shock, loss of muscular control*
9-30 milliamperes (men): The freezing current or " let-go" range.* Individual cannot let go, but can be thrown away from the circuit if extensor muscles are stimulated.
50-150 milliamperes : Extreme pain, respiratory arrest, severe muscular contractions. Death is possible. 1,000-4,300 milliamperes : Rhythmic pumping action of the heart ceases. Muscular contraction and nerve damage occur; death likely.
10,000 milliamperes : Cardiac arrest, severe burns; death probable

Continue reading "Better Safe Than Sorry in the Workplace" »

A cyclist successfully brought a civil suit for brain damages caused by a hole in Route 111 in Wood River, Illinois. She was riding her bike next to the road when witnesses testified that it appeared she struck a hole and flipped over the handlebars. She was unconscious at the scene and bleeding from the ears. The injuries have prevented the woman from living a normal life.

The roadway and adjacent gutter and concrete had several defects that would not accomodate bicycle riders even though bicyclists are intended users of roadways. Illinois law provides the same protections to cyclists as it does to vehicles. Illinois statute 625 ILCS 5/11-1502 provides as follows: Traffic laws apply to persons riding bicycles. Every person riding a bicycle upon a highway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle. The Illinois Department of Transportation has an excellent website detailing applicable laws and safety precautions.

The woman was not wearing a helmet although it was unclear whether or not a helmet would have made a difference in these circumstances. Despite the fact that she was not wearing a helmet and had no memory of the event (because of the severe brain injury), a successful suit was brought. Illinois law does not require cyclists (or motorcyclists) to wear helmets and if the matter had gone to trial, a jury could not hold that against her.

Of other significance, suits against municipalities such as cities, are difficult and complex. Through the years, the state legislature has passed numerous laws making it difficult for injured persons to hold municipalities (cities, parks, schools...) accountable for their negligence. In Illinois, one difficulty is the fact that suit must be brought within one year of the injury (this is called the statute of limitations) as compared to suits against private businesses and individual homeowners where the requirement is two years.

The laws contain numerous immunities for a city preventing any recovery. For example, if the cyclist was riding in an area which was not intended for cyclists or not the purpose of the roadway, the city could be dismissed from the lawsuit.

In this case, the evidence and use of expert testimony was used to show that the immunities did not apply.

Continue reading "Wood River, Illinois Sued by Bicyclist For Defective Street" »

On July 29th, 2009 it was reported that Krista K. Hall, a 56 year old woman, was trying to return her neighbor's dogs back to his yard and was severely mauled. She lost an arm as a result of this attack. The two witnesses, Hall's granddaughters, saw the dogs attack and quickly called 911. Hall's daughter stated that if the two girls had not called 911 so quickly, she believes that her mother would have died from blood loss because one of the arteries in Krista's arm was severed.

Hall's doctor Aleeca Ford said, "There were over 50 bites or puncture wounds that had to be repaired with a couple hundred stitches." This was not the first time that these two dogs, a Boston terrier and a boxer, had attacked someone. Less than a year earlier the dogs attacked 11 year old Anna Marie Rose De Stefano while she was playing in her yard. De Stefano's father explained that if people had been doing their jobs right that the dogs would have been put to sleep after the first attack on his daughter, and Hall would not have had to go through what she did. Krista Hall is now in stable condition and will hopefully recover swiftly from her injuries.

Below are statistics put out by the Center for Disease Control and Prevention.

1) Each year, 800,000 Americans seek medical attention for dog bites
2) 386,000 people require treatment in an emergency department because of dog bites
3) About 16 people die each year because of dog attacks.

The Illinois Animal Control Act provides that, "If a dog or other animal, without provocation, attacks, attempts to attack, or injures any person who is peaceably conducting himself or herself in any place where he or she may lawfully be, the owner of such dog or other animal is liable in civil damages to such person for the full amount of the injury proximately caused thereby."

A dog bite victim can get money for all of the following things:

• Medical treatment
• Future medical treatment for scar reduction
• Psychological counseling
• Loss of earnings from work or the victim's business
• Torn clothing and broken glasses
• Pain and suffering
• Future disability

Dog owners should always use a leash when walking a dog. Even is the dog had not displayed a propensity to bite, dogs and animals in general go through changes, such as hormonal changes, which cause them to bite or attack.

Continue reading "Brutal Dog Mauling Leaves Woman Disabled" »

A Quincy, Illinois family brought suit for the death of their mother due to negligence of doctors. The mother had gone in for a colonoscopy at the Quincy Surgical Center----she had low blood pressure due to the prep----probably due to loss of fluid.

The colonoscopy went as expected, but the patient continued to have abnormally low blood pressure. She was discharged home without IV fluids. At home, she complained of chest pain and falling.

Eventually she was rushed to the Blessing Hospital with the low blood pressure and chest complaints. An EKG was abnormal as well as a blood test for heart damage. The ER doctor failed to recognize and treat this heart attack and then failed to call in a cardiologist timely.

Four and a half hours later, the patient died due to the heart attack without being treated by a cardiologist.

Suit was brought against the doctor for performing the colonoscopy for discharging the patient without stabilizing her vital signs; and against the ER doctor for not recognizing and treating the heart attack. It was thought that the low blood pressure prevented the heart from getting adequate blood causing the heart attack.

Suit is pending in Adams County, Illnois with WWF&G prosecuting the case.

Continue reading "Quincy, Illinois Doctors Sued For Medical Malpractice In Heart Attack Death" »

The federal government estimates that 30% of all vehicle accidents in the U.S. are caused by driver distraction. This includes not only talking on the phone, but texting as well. Text messaging, or texting, is a term referring to the exchange of brief written messages between mobile phones, over cellular networks. It is very common among teenagers.

The State of Illinois has taken appropriate action. The Associated Press reports that Illinois has outlawed texting while driving. Illinois motorists will be issued a ticket if they send a text message or read their messages while their car is moving.

The law will be controversial because it does not outlaw reading navigation systems, but does outlaw texting.

Drivers are allowed to check messages if they pull over to the side of the road or are at a standstill in traffic, for instance at a train crossing when their car is in park or neutral.

Governor Quinn signed the bill at a ceremony at Northeastern Illinois University in Chicago with Secretary of State Jesse White.

The law firm of WWF&G regularly represents clients who are injured as a result of driver distraction. During a deposition in one case, it was confirmed that the Defendant driver of a vehicle was arguing with his wife on a cell phone, when he ran a stop sign at 70 mph. Not only did he cause severe and permanent injuries to the Plaintiff, but he was killed in the accident.

Continue reading "Illinois Outlaws Texting While Driving" »

Problems with police arrests such as the one in Cambridge, Massuchesetts (involving a Harvard professor), can occur in local towns such as Collinsville, Illinois. There, a couple living in a beautiful subdivision, were subject to an unlawful search and arrest.

The Collinsville police had come to the house because of a loud music complaint. The couple had music playing in the livingroom with the windows open. Their teenage son was having a birthday party in the basement.

When the couple asked the police what they wanted, the police stated they were there for a noise complaint. The police had stepped into the house without permission. The homeowners asked the police to step outside to discuss the matter. The police refused.

When there was a noise from inside the house, the police, despite the protest of the owners, proceeded to search the basement and arrested underage drinkers. In the process the parents were arrested for obstructing justice and resisting arrest. Both parents were injured by the police and taken into custody in handcuffs.

Fortunately, the State dismissed the charges against the parents. A federal lawsuit ensued where the parents claimed violation of their Constitutional Rights, battery, trespass, and false imprisonment.

In cases such as this, the police only have a right to enter a home if they have a search warrant or probable cause that a crime is being committed. No person can be arrested without there being probable cause that they have committed a crime.

Without a warrant or probable cause, citizens have the right to sue for damages for violation of Federal Civil Rights as well as for State claims for battery, tresspass, and false imprisonment.

Continue reading "Collinsville, Illinois Police Sued for Unlawful Search and Arrest" »

An Alton, Illinois woman resolved her claim against Ponderosa. The elderly woman was with her daughter when she left the Ponderosa on Homer Adams Parkway in Alton. The sidewalk around the building came to an abrupt dropoff without warning. There was no handrail, lighting, or other warning to protect the woman or other customers against this defect.

The elderly woman tried to break her fall with her outstretched hand, causing a fracture to her shoulder. She had surgery to repair the injury, but was left with permanent injury of the shoulder, including loss of range of motion, loss of strength, and pain and suffering.

Often times, businesses fail to fix defects until an accident happens, and even then, they many times fail to protect their customers against known dangerous conditions. In this case, the parking lot and walkways appeared to be in disrepair when the accident happened. The Ponderosa restaurant subsequently closed unrelated to the accident.

Continue reading "Alton, Illinois Trip and Fall Claim Against Ponderosa Resolved" »