It is alleged that a small but disastrous error on the pill bottle caused Smith’s death. This case marks the fourth trial regarding a pharmacy error that resulted in a fatality since September 2006 for Walgreens, the country’s largest drug store chain in terms of sales and profits. In the three prior trials, which occurred in Illinois, Arizona and Florida, jurors reached verdicts in excess of $61 million against Walgreens, which is based in Illinois.

Walgreens has disputed the three verdicts and has made a motion to dismiss the court complaint filed by lawyers for Smith’s family. Nevertheless, the cases could adversely affect the image for Walgreens, which describes itself as “The Pharmacy America Trusts.” According to the complaint, Walgreens neglected to create a system that was likely to serve as a preventive measure against prescription errors.

In the September 2006 case in Cook County, Illinois, the jury rendered a judgment of $31 million against Walgreens for the death of 79-year-old Leonard Kulisek. A Walgreens pharmacist gave Kulisek the wrong drug instead of his gout medication. The pharmacist gave him Glipizide, a drug used to treat diabetes, which caused his kidneys to deteriorate and compelled him to have regular dialysis, causing his health to undergo a fatal decline. The pharmacist subsequently admitted that he had been abusing prescription painkillers.

Although it has been reported that pharmacy errors do not occur very frequently, the fact that they occur at all and can result in death, is very alarming. Such errors may prompt some people to check their prescriptions after picking them up to ensure that they are receiving the correct medication.

Paul Greenberg is a Chicago medical malpractice lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

It is alleged that a small but disastrous error on the pill bottle caused Smith’s death. This case marks the fourth trial regarding a pharmacy error that resulted in a fatality since September 2006 for Walgreens, the country’s largest drug store chain in terms of sales and profits. In the three prior trials, which occurred in Illinois, Arizona and Florida, jurors reached verdicts in excess of $61 million against Walgreens, which is based in Illinois.

Walgreens has disputed the three verdicts and has made a motion to dismiss the court complaint filed by lawyers for Smith’s family. Nevertheless, the cases could adversely affect the image for Walgreens, which describes itself as “The Pharmacy America Trusts.” According to the complaint, Walgreens neglected to create a system that was likely to serve as a preventive measure against prescription errors.

In the September 2006 case in Cook County, Illinois, the jury rendered a judgment of $31 million against Walgreens for the death of 79-year-old Leonard Kulisek. A Walgreens pharmacist gave Kulisek the wrong drug instead of his gout medication. The pharmacist gave him Glipizide, a drug used to treat diabetes, which caused his kidneys to deteriorate and compelled him to have regular dialysis, causing his health to undergo a fatal decline. The pharmacist subsequently admitted that he had been abusing prescription painkillers.

Although it has been reported that pharmacy errors do not occur very frequently, the fact that they occur at all and can result in death, is very alarming. Such errors may prompt some people to check their prescriptions after picking them up to ensure that they are receiving the correct medication.

Paul Greenberg is a Chicago medical malpractice lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

Charles Chessor sued Dr. James McPike, Memorial Medical Group, Cardiovascular Associates of Southern Illinois and Liberty Village of Maryvale for negligence. McPike performed the pacemaker surgery on the plaintiff on Sept. 30, 2013. Liberty Village was named a defendant in the case for failure to recognize the issues Chessor was having with his pacemaker.

McPike operated on the plaintiff for a generator change to his pacemaker at Memorial Hospital in Illinois. According to the lawsuit, the procedure resulted in injuries as the doctor ignored Chessor when he complained the pacemaker was causing him pain.

The suit alleged McPike failed to select an appropriate site for the implantation and recognize that the pacemaker was herniating out of Chessor’s chest. In addition, the claim said McPike did not administer the required treatment in response to the issues.

Chessor suffered difficulties with his pacemaker, fever, pain and infections over the course of around two years. The lawsuit said he was admitted to several hospitals due to the health problems. He is seeking damages in excess of $50,000 for his medical costs, emotional and mental anguish and pain and suffering from all four defendants.

Paul Greenberg is a Chicago medical malpractice lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit www.briskmanandbriskman.com.

Charles Chessor sued Dr. James McPike, Memorial Medical Group, Cardiovascular Associates of Southern Illinois and Liberty Village of Maryvale for negligence. McPike performed the pacemaker surgery on the plaintiff on Sept. 30, 2013. Liberty Village was named a defendant in the case for failure to recognize the issues Chessor was having with his pacemaker.

McPike operated on the plaintiff for a generator change to his pacemaker at Memorial Hospital in Illinois. According to the lawsuit, the procedure resulted in injuries as the doctor ignored Chessor when he complained the pacemaker was causing him pain.

The suit alleged McPike failed to select an appropriate site for the implantation and recognize that the pacemaker was herniating out of Chessor’s chest. In addition, the claim said McPike did not administer the required treatment in response to the issues.

Chessor suffered difficulties with his pacemaker, fever, pain and infections over the course of around two years. The lawsuit said he was admitted to several hospitals due to the health problems. He is seeking damages in excess of $50,000 for his medical costs, emotional and mental anguish and pain and suffering from all four defendants.

Paul Greenberg is a Chicago medical malpractice lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit www.briskmanandbriskman.com.

The 113 women from 28 states are seeking millions of dollars in damages for their pain and suffering, lost wages and expenses to cover the cost of raising a child. Ninety-four of the women involved in the lawsuit delivered babies following unplanned pregnancies, 17 did not have full-term pregnancies and two women did not get pregnant.

According to court documents, the birth control pills manufactured by Qualitest were allegedly packaged in the wrong order. They were “rotated 180 degrees . . . reversing the weekly tablet orientation.” The error led the women to take the placebo pills at the wrong time of the month instead of during menstruation. The lawsuit claimed the women were left “without adequate contraception” as a result.

Birth control pills are meant to prevent pregnancies through stopping the release of an egg by tricking the body into believing it has already done so. Qualitest, a subsidiary of Endo Pharmaceuticals, announced a national recall of 1.4 million packages of birth control pills for a packaging error in 2011. An Endo Pharmaceuticals spokesperson said the company emphasizes that “patient safety is our top priority.” However, it has not issued any recent or new product recalls.

Paul Greenberg is a Chicago medical malpractice lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

The plaintiffs, Alizabeth and Elvin Hana, received an award of $1.35 million in compensatory damages because their daughter was born with a brain injury, the cause of which was oxygen deprivation. She died three years later.

For the last 10 years, ISMIE has been embroiled in 25 cases concerning bad faith. The Hanas filed a lawsuit naming their obstetricians, emergency room physicians and Rush North Shore Hospital as defendants. They reached a settlement in the amount of $1.5 million with the hospital and ER doctors.

In 2009, the jury rendered an award of $6.17 million against the obstetricians, Albert and Joyce Chams. However, the judgment was limited by their malpractice policy with ISMIE, which was capped at $3 million for the death, and $2 million for the mother’s claim of injury.

According to the plaintiffs’ attorney, the plaintiffs had the option of pursuing the personal assets of the obstetricians, but instead, chose to file the bad-faith claim against ISMIE. The lawsuit alleges that in an attempt to safeguard its legal and financial interests, ISMIE deceived the Chamses regarding the amount of insurance coverage that was available to cover the wrongful death claim, and hid from them a settlement offer from the parents that would have diminished the Chamses’ financial risk. The plaintiffs’ attorney stated that ISMIE had a duty to the physicians to negotiate in good faith on their account.

If you or someone close to you was injured due to the medical malpractice of a doctor or other health care professional, you should consult a medical malpractice attorney.

Paul Greenberg is a Chicago medical malpractice lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

Walgreens, which is headquartered in the Chicago suburb of Deerfield, IL, owns and manages 620 Walgreens pharmacies in California. The California State Board of Pharmacy informed the three district attorneys’ offices of the health risks posed to consumers as a result of pharmacists’ failure to give the requisite consultations. Officials stated that incorrect use of prescription medications causes harm to approximately 150,000 individuals in California every year, and adds to $1.7 billion in financial losses for the state.

The state Board of Pharmacy had implemented rules mandating that a pharmacist is to give a patient a personal consultation if that patient has been prescribed a medication that was not given to him or her on a prior occasion. A personal consultation must also be provided if the drug was prescribed in a different dosage, form or strength, or at the request of the patient.

The three district attorneys’ offices worked in conjunction with the Board of Pharmacy to carry out an undercover investigation of the consultation practices of some large pharmacy chains in California. In the judgment issued against Walgreens, the pharmacy chain must comply with an injunction that requires it to follow California regulations for providing patient consultations, and must start an internal compliance program.

Paul Greenberg is a Chicago medical malpractice lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

The lawsuit was filed by Olessor Anthony against the hospital and medical personnel over the death of Dorothy Foster after a blood transfusion.

According to the lawsuit, Foster was given a transfusion of type A blood cells, though she has type B blood. The lawsuit alleges that hospital personnel failed in their duty to exercise due care in several ways: failing to label blood samples accurately, failing to provide safeguards against clerical errors, failing to provide communication between the nursing staff and the blood bank that could have prevented errors, failing to adhere to proper procedure and failing to proofread the patient’s information. According to the lawsuit, these errors caused Foster to be given the wrong type of blood. Foster died the same day she received the transfusion. The lawsuit claims that her two adult children have suffered pecuniary loss.

The defendants are charged with medical professional negligence. The suit is brought as a survival action, alleging that the patient was conscious and experienced pain and suffering prior to death. The lawsuit claims damages of more than the minimum jurisdictional amount, plus attorneys’ fees and costs.

Paul Greenberg is a Chicago medical malpractice lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

Raymond Simpson filed the lawsuit July 28 in Cook County Circuit Court, claiming negligence in the operation, which took place in November 2014.

According to the lawsuit, on Nov. 24, 2014, Simpson had an emergency laparoscopic appendectomy, but the doctor did not remove the entire organ, leaving a portion of the appendix measuring about three centimeters. The lawsuit claims that there was a later infection and the site ruptured on March 30, 2015, forcing the patient to undergo a second and more serious surgery.

The lawsuit alleges that professional negligence on the part of the doctor caused Simpson to suffer medical expenses, loss of a normal life, disfigurement and pain and suffering, which would have been avoided had the defendants not breached their duty to exercise due care in the first operation.

The plaintiff seeks damages of over $50,000, and attorneys’ fees and costs. The case is Cook County Circuit Court case number 2015L007824.

According to a study published in the Journal of Patient Safety, between 210,000 and 440,000 patients die each year in part because of preventable medical errors, which makes medical malpractice the third leading cause of death in the United States, behind heart disease and cancer.

Paul Greenberg is a Chicago medical malpractice lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

The lawsuit was filed in St. Clair County Circuit Court by Edward McDonald, administrator of the estate of Evelyn McDonald, against Caseyville Nursing and Rehabilitation Center Inc., Caseyville Property and SW Financial Services Co.

According to the lawsuit, Evelyn McDonald died in July 2013. Caseyville Nursing and Rehab Center was the nursing home that last handled her care, as she was a resident there from March 2013 to June 2013, the lawsuit states.

The lawsuit claims that during Evelyn McDonald’s stay at the nursing home, the staff were negligent in their care, and the center violated the Illinois Nursing Home Care Act in multiple ways. According to the lawsuit, Evelyn McDonald suffered from sepsis with organ failure, malnutrition, dehydration, weight loss and multiple open wounds. The lawsuit alleges that these and other conditions caused and contributed to her death. In order to prove the case, the plaintiff must show that negligence occurred and that it was a cause of Evelyn McDonald’s injuries.

The lawsuit seeks $50,000 or more for each of 12 counts of medical malpractice or negligence, plus costs. The case number is 15-L-142 in St. Clair County Circuit Court.

Paul Greenberg is a Chicago medical malpractice lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

A study of 50 pharmacies nationwide found a 1.7 percent error rate. With 4 billion prescriptions filled each year in the United States, that means there could be more than 60 million medication mistakes made annually in retail pharmacies.

In Illinois, accurate statistics on medication mistakes are lacking because the state does not require pharmacies to report them. Fifteen other states do require such reporting. In addition, under national law, as long as pharmacies create an internal review system, they may keep errors confidential. In Illinois, thanks to a court case won by Walgreens, pharmacies can ignore state subpoenas for reports on medication mistakes.

People who suffer injuries due to medication errors may be entitled to compensation through a pharmaceutical negligence lawsuit. Illinois parents Robin and Eda Ahmed filed a lawsuit against Walgreens recently, after their five-year-old son was allegedly given an antipsychotic instead of allergy medication. The antipsychotic was intended for an adult with the same first and last name as the boy, the lawsuit claims.

According to the Ahmeds’ attorney, the pharmacist should have noted that the dosage was ten times the amount that a child should receive. After the child received two doses of the medication, the parents said he could not breathe or talk. The boy’s mother said that doctors told her one more pill would have killed her son.

Paul Greenberg is a Chicago medical malpractice lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

According to the lawsuit, an outpatient hysterectomy and oophorectomy was performed on Tammy Sparks on October 11, 2012, at Protestant Memorial Medical Center in Belleville, Illinois. The complaint states that the doctor perforated the patient’s bladder and vesciovaginal fistula.

The lawsuit claims that as a result of the perforation, Sparks had to undergo multiple additional surgeries and suffered diminishing health as well as physical, mental and emotional anguish. The lawsuit further claims that Sparks experienced pain and discomfort, incurred medical costs, suffered depression and anxiety, lost her normal life and endured financial hardship.

The lawsuit alleges that the doctor was negligent in failing to treat the patient’s symptoms, contact appropriate specialists, complete examinations and workups, monitor the patient and have her properly tested.

The motion to dismiss claims that Sparks failed to attach a report by a reviewing health care professional to her complaint. Sparks filed the lawsuit pro se.

The lawsuit seeks damages in excess of $150,000, plus costs and other relief.

Paul Greenberg is a Chicago medical malpractice lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

The six-count complaint was filed October 29, 2014 by Kristina and Joseph Brand against St. Joseph’s Hospital, Southern Obstetrics & Gynecologic Associates and a doctor. According to the lawsuit, Kristina was a patient at the hospital and had a cesarean section performed in 2012, but was not given appropriate anesthesia. The lawsuit claims that the hospital did not inform the plaintiffs that the care provided by a certified registered nurse anesthetist was that of an alleged independent contractor. According to the suit, the plaintiffs relied on the hospital for care, rather than an independent contractor. The suit further claims that the hospital negligently failed to provide proper anesthesia, causing Kristina to experience extreme pain and suffering, mental anguish, permanent damage and disfigurement.

In addition, the complaint alleges that Joseph Brand has been deprived of companionship, love, support, consortium and services from his wife, to which he was entitled.

On December 16, 2014 the plaintiffs moved to transfer the case from St. Clair County to Clinton County. Judge Vincent Lopinot granted the request the same day.

The lawsuit seeks damages in excess of $75,000.

Paul Greenberg is a Chicago medical malpractice lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

The jury awarded $28,215,278.00 to Anna Rahm for pain and suffering, for future loss of earnings and for future medical expenses after a four-week trial. The jury found Kaiser Permanente liable for improper medical treatment that resulted in Rahm losing parts of her spine, half of her pelvis and her right leg.

According to the lawsuit, in 2008, at the age of 16, Rahm began experiencing pain in her lower back, which later radiated to her right leg. She pursued chiropractic treatment, which was unsuccessful, and then sought an MRI at Kaiser Permanente. Rahm claimed that, accompanied by her mother, she saw a primary care physician and a physical medicine specialist at Kaiser Permanente and requested an MRI.

She alleged in the lawsuit that the doctors refused to order an MRI and refused to document the request. The doctors claimed at trial that no MRI was ever requested.

An MRI was eventually performed on July 2, 2009, and it revealed an osteosarcoma (an aggressive tumor) in Rahm’s pelvis. She required surgery that resulted in the loss of her leg and of portions of her pelvis and spine. Rahm’s lawsuit argued that the hospital’s refusal to perform an MRI resulted in a four-month delay in diagnosing the tumor, which in turn caused the loss of her leg.

Paul Greenberg is a Chicago medical malpractice lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

It is a basic principle of our legal system that negligent parties should not be able to evade responsibility for the damages they cause. Yet the lack of a legal requirement for medical malpractice insurance means that individual doctors and even some hospitals can choose to “go bare,” or purposely choose to forgo carrying insurance. These practitioners may form a corporation and then file for bankruptcy – or threaten to file – if they are sued, leaving injured patients with no recourse.

The vast majority of medical professionals in Illinois do carry insurance. Most hospitals and many managed care plans require it. However, the lack of a state legal requirement means that some patients will not be able to obtain compensation if a medial error causes them injury.

The state of Illinois does not keep records of how many doctors are uninsured. In Florida, another state that does not require such insurance, about 5 percent of doctors choose to go bare. However, Florida requires doctors without insurance to obtain an irrevocable line of credit to cover malpractice claims and to post a notice in their offices informing patients that they do not have insurance. Illinois has no such requirements. Doctors and hospitals may claim that they are self-insured, meaning that they have sufficient resources to cover malpractice claims, but when a lawsuit is filed, they may still threaten bankruptcy.

Doctors cite the high cost of medical malpractice premiums as the reason they forgo insurance. Premiums are indeed high, and at least part of the blame lies with the insurance companies. Insurers often claim that they are forced to raise premiums because of high payouts in medical malpractice lawsuits, but in fact, they have raised rates out of proportion to payouts – and even increased premiums when paid claims are declining.

If insurance companies are fleecing doctors, state regulation of insurers can resolve the conflict. However, this injustice, however real, should not be used as an excuse to allow medical professionals to evade their responsibilities. Illinois should join other states in requiring all doctors and hospitals practicing in the state to carry medical malpractice insurance.

Paul Greenberg is a Chicago medical malpractice lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

The Illinois Jury Verdict Reporter stated that it was a record verdict for Winnebago County for a leg amputation. The trial took place at the Winnebago County Courthouse and lasted two weeks. The jury returned a verdict after less than five hours of deliberation. 

Donald Johnson had a history of peripheral vascular disease. He was complaining of weakness and dizziness on August 10, 2010 when he was admitted to Rockford Memorial Hospital. Johnson was treated by a doctor who applied a special gauze bandage called an Unna Boot to Johnson’s leg, which remained on for a period of five days. The lawsuit claimed that the boot should not have been used — tests had revealed that Johnson had only 41 percent blood flow to the leg, making the restrictive wrap dangerous.

After the boot was removed, Johnson’s leg showed necrotic issue. A below-the-knee amputation was required immediately, and an above-the-knee amputation became needed later.

The lawsuit claimed that the doctor, a general surgeon, failed to consult with a vascular surgeon and failed to employ surgical options to restore blood flow to the patient’s leg.

Paul Greenberg is a Chicago medical malpractice lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

The mother filed the lawsuit on December 20, 2012 in the Circuit Court of Cook County, acting as her son’s guardian. The plaintiff seeks damages for her son’s injuries.

The child was born by Caesarean section on December 25, 2004. According to the complaint, the C-section surgery resulted in a 1.5 centimeter facial laceration on the child’s left temple, which required several stitches. The lawsuit alleges that the attending physicians failed to exercise the proper level of care in performance of their responsibilities and caused significant harm to the infant.

Medical errors such as those alleged in this lawsuit are preventable. Most hospitals have safety protocols to prevent injury to the infant during a C-section. Medical errors during C-sections can result in conditions that can have lasting and tragic results for the affected child, such as cerebral palsy, brain damage and hypoxic ischemic encephalopathy.. Medical costs can be significant.

Patients who have been injured during treatment, or whose children have been injured by medical malpractice, should seek the advice of an attorney.

Paul Greenberg is a Chicago medical malpractice lawyer and Chicago medical malpractice attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

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The Milwaukee County, Wisconsin jury found that the doctor that treated Daniel Nelson was negligent in providing medical care. The hospital and other medical personnel were not found negligent.

Nelson was awarded medical and health care expenses of $994,716 and $1 million in damages for pain and suffering. Nelson’s wife was awarded $50,000 for loss of consortium and his son was awarded $65,000 for lack of companionship and society. At the time of the accident, Nelson’s son was just over a year old.

The doctor’s attorney said that her client had exercised the proper standard of care and strongly disagreed with the verdict.

According to Nelson’s attorney, Nelson and his wife were involved in a motorcycle accident in Lake Geneva, Wisconsin in September of 2000, and both were severely injured. Nelson was at Froedtert Hospital in Milwaukee for 13 months. During rehabilitation, Nelson’s tracheotomy tube became obstructed. The lawsuit alleged that the doctor did not call for an emergency team in a timely manner. As a result, Nelson was in a persistent vegetative state for seven weeks and has problems with speech and memory.

Prior to the accident, Nelson owned an Illinois restaurant for 20 years.

Paul Greenberg is a Chicago medical malpractice lawyer and Chicago medical malpractice attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

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Google’s driverless car technology uses sensors and cameras to detect the physical form of the road, read signs and watch for vehicles and pedestrians.  The car uses the data to adjust speed and steering and apply the brakes.

Sebastian Thrun, Google’s lead developer of its driverless car technology, has made the claim that the system will one day be able to reduce traffic accidents by 90 percent.  In 2009, there were approximately 5.5 million car accidents in the United States, with 9.5 million vehicles involved.  There were 33,808 traffic deaths and 2.2 million people were injured, with 240,000 requiring hospitalization.

The financial cost of traffic accidents is enormous as well.  The American Automobile Association (AAA) studied data from automobile crashes in the 99 largest urban areas in the country and arrived at a cost estimate of $299.5 billion.  Extrapolating from AAA’s figures, it is estimated that the nationwide cost is about $450 billion. This includes damage to property, productivity loss, medical costs, and lowered quality of life.

Google’s bold claim is that its technology can save nearly 30,000 lives per year in the United States, prevent almost 2 million injuries and reduce costs from traffic accidents by $400 billion per year.  The claim may seem extravagant, but it is based in the simple reality that nearly all traffic accidents are caused by human error.  Machines do fail, but not nearly as often as humans do.

On a global scale, the potential impact on traffic safety would be even greater.  According to the World Health Organization (WHO), there are approximately 1.2 million traffic deaths in the world each year, and nearly 50 million injuries.  The problem is expected to get worse.  By 2030, the WHO estimates that traffic accidents will be the fifth leading cause of death in the world, or 3.6 percent of total deaths.  This would be a startling increase from 2004, when auto collisions were the ninth leading cause of deaths in the world, at 2.2 percent of the total.

The driverless car concept has implications beyond safety as well.  Google claims that its technology can also reduce wasted time during commutes by allowing cars to drive faster and closer together, relieving traffic jams.  According to one study, traffic jams waste 1.9 billion gallons of gas and 4.8 billion hours of drivers’ time each year.  In monetary terms, that amounts to $101 billion in gasoline costs and loss of productivity.

In addition, driverless cars could theoretically reduce the number of cars needed in a community, as sharing of vehicles would become more efficient.  After all, most people only use their vehicle at certain times during the day, leaving most cars unused about 95 percent of the time.  The technology could have a positive impact on reducing pollution, and developing countries may be able to reduce vehicle-intensive development if fewer cars are needed.

Robert Briskman is a Chicago car accident lawyer and Chicago car accident attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

According to data from the National Center for Health Statistics, there are more than 31 million injuries requiring the care of a doctor each year in the United States. Two million people require hospitalization from injuries annually, and 162,000 die as a result of their injuries. According to the National Highway Traffic Safety Administration, automobile accidents result in three million injuries and 40,000 deaths each year in the United States. Truck accidents cause an additional 60,000 injuries and 5,000 deaths per year. Construction accidents result in approximately 300,000 injuries and 1,000 deaths annually, and medical errors account for 98,000 deaths per year. Liability for these injuries is often determined through personal injury litigation.

In 2005, a total of 26,948 contract, tort and real property trials were conducted nationwide. Personal injury or tort trials made up almost 60 percent of the total, according to a study from the Bureau of Justice Statistics, part of the U.S. Department of Justice. Given that only about four percent of personal injury cases go to trial, the number of lawsuits filed is quite significant.

The majority of personal injury trials involve automobile accidents. Medical malpractice trials account for 15 percent of the total, and 5 percent of trials involve products liability.

When personal injury cases go to trial, plaintiffs win about half the time, according to the study. Plaintiffs won 61 percent of the time in automobile accident cases and 50 percent of the time in intentional tort trials. Plaintiffs won 39 percent of premises liability cases, 38 percent of product liability trials and 19 percent of medical malpractice cases. In all tort trials, judges sided with plaintiffs 56 percent of the time, and juries found for the plaintiff in 51 percent of cases.

The median award for a plaintiff in a tort trial was $31,000, with automobile accident cases bringing in a median award of $16,000. Higher damage awards were associated with less frequently litigated cases, such as medical malpractice, with a median award of $679,000, products liability ($748,000), intentional torts ($100,000) and premises liability ($90,000).

The study also indicated that taking a personal injury lawsuit to trial is a lengthy process. The average length of tort lawsuits that went to trial was 23 months. Automobile accident cases took 20 months on average, with a 31-month average for medical malpractice cases.

Paul Greenberg is a Chicago personal injury lawyer and Chicago personal injury attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

Those accidents have tragic consequences. According to data from the U.S. Department of Transportation, there were 3,331 fatalities in distraction-related motor vehicle accidents in 2011, an increase from 3,267 in 2010. Approximately 387,000 people suffered injuries in distraction-related crashes. Australian researchers found that motorists who use portable electronic devices have a four times greater risk of being in an accident that results in an injury. The Virginia Tech Transportation Institute found that drivers who try to send text messages while driving run a 23 times greater risk of crashing.

Electronic gadgets are not the only culprit causing drivers to become distracted. Anything that takes the driver’s attention away from driving can cause an accident. This can include a wide variety of stimuli. Visual distractions may include attempting to read a map or look at a GPS device while behind the wheel, or reading billboards or street signs. Manual distractions occur whenever the driver attempts another activity in addition to driving, such as eating or drinking, shaving or putting on makeup. Cognitive distractions are things that take one’s mind off the task of driving, such as conversation with someone in the car or on the phone.

There are laws in the state of Illinois intended to reduce distracted driving. As of 2013, drivers of commercial vehicles may not use hand-held devices for making phone calls or sending text messages while driving, which is in line with federal regulations. All drivers are prohibited from sending text messages while driving, and drivers are prohibited from using their phones at all in construction zones or school zones. Drivers with graduated licenses are also prohibited from using cell phones.

In the City of Chicago, drivers using cell phones must use a hands-free device. Fines range from $100-$500. Other municipalities have passed legislation restricting the use of cell phones while driving, including Evanston, Deerfield, Winnetka and Highland Park. The village of Hinsdale has passed a general ordinance prohibiting any type of distracted driving, including reading or grooming.

Driving while distracted can cause accidents that result in serious injury. If you or someone you know has been injured in an automobile accident, contact an experienced car accident attorney right away.

Paul Greenberg is a Chicago car accident lawyer and Chicago car accident attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

The largest personal injury verdict of the year was for $900 million, which included $700 million in punitive damages. In Webb v. Trans Healthcare Inc., the plaintiff was a resident at a nursing home operated by the defendant. He claimed to have suffered numerous injuries, including multiple infections and large bedsores.

The complaint alleged that after Webb entered the facility following a stroke, he suffered paralysis and was in need of 24-hour care. Webb had pressure sores on his feet, legs and buttocks. He also had an unexplained weight loss and multiple infections. The complaint claimed that the defendant corporations were withdrawing money from the nursing homes they owned, resulting in substandard care.

Trans Health Management Inc. is no longer in business, and its parent corporation, Trans Healthcare Inc., is in receivership. The Maryland receivership stopped defending the case in 2010, after the plaintiff’s firm promised not to bring any further claims, according to the receivership’s attorney, Maria Chavez-Ruark. Circuit Judge Victor Hulslander did not grant Chavez-Ruark’s motion to delay the trial, and he barred her from the courtroom. She vowed to appeal if a new trial is not granted. With the company in receivership, Webb’s widow’s ability to collect on the judgment is uncertain. Webb died in 2010.

In the case of Garcia v. Best for Less Food Mart, a Tampa, Florida jury issued a verdict awarding $716.5 million to the family and estate of a 32-year-old man killed by a drunken driver in a car crash. The defendant owned a convenience store that sold beer to the teenage driver who caused the collision.

Samuel Garcia III was killed in front of an Apollo Beach, Florida restaurant when David Holdsworth, 17, crashed into him, traveling at 75 miles per hour. Holdsworth had purchased alcoholic drinks twice earlier in the day at the Best for Less Food Mart. He is currently serving a prison sentence for DUI manslaughter. The plaintiff’s ability to collect on the judgment is in question, as the store’s owner resides overseas.

Another nursing home resident was awarded $200 million, which included $140 million in punitive damages, after a jury found the defendant liable for her death after a fall in Nunziata v. Trans Health Management. The defendant is part of the same set of corporations that were defendants in the Webb case.

Elvira Nunziata was 92 years old when she suffered a fall down a stairwell in the nursing home where she lived. Nunziata had dementia and was strapped into a wheelchair. She entered the stairwell through a door likely left open by employees taking a cigarette break. By the time of the jury award, the company that operated the nursing home no longer existed. One company had inherited the company’s assets and another its liabilities. The defendant was not represented at trial and the ability to collect on the judgment is in question.

Paul Greenberg is a Chicago wrongful death attorney and Chicago wrongful death lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

The term “damages” simply refers to the loss the injury has caused you. Damages can include, among other things, financial harm in the form of lost wages and medical bills and intangible harm such as pain and suffering. A lawsuit determines what compensation you are owed because of the economic, physical or mental harm you have suffered.

In a personal injury lawsuit, the injured person is the plaintiff, who files suit against the person or company that is legally responsible for the injury (i.e., the defendant or an insurance company). During the discovery process, both sides learn what evidence may be presented to a judge or jury. The vast majority of cases are resolved by a negotiated settlement, but it is sometimes necessary to take a case to trial. In either case, the amount of the settlement or verdict depends on a number of factors.

The primary category of damages in a personal injury lawsuit is compensatory damages, which are intended to make the plaintiff whole by providing monetary compensation for an injury. Some damages, such as medical expenses or property damage, are fairly simple to calculate. But other damages, such as pain and suffering, are not as easy to determine. Compensatory damages can also include loss of income, emotional distress and loss of enjoyment. When the spouse of the injured person is a plaintiff, damages can include loss of consortium.

Monetary awards in a personal injury lawsuit can also include punitive damages, which are awarded when the defendant’s behavior is judged to be not merely negligent but particularly egregious or reckless. The purpose of punitive damages is to punish the defendant and deter such conduct by others.

Damages may be reduced based on the plaintiff’s conduct. The State of Illinois is a modified comparative negligence jurisdiction. Comparative negligence refers to situations when the plaintiff shares fault for an injury, for instance when two drivers each make errors that contribute to a collision. Under the law of modified comparative negligence, an injured party can only be compensated if he or she is less than 50 percent responsible for the injury, and the amount of damages that can be awarded are determined by the percentage that each party contributed to the injury.

Paul Greenberg is a Chicago personal injury lawyer and Chicago personal injury attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com.

The states vary in the restrictions they place on drivers’ cell phone use, with some prohibiting any use of handheld devices while driving and others having no restrictions. In Illinois, cell phone use is prohibited in construction areas and school zones, and drivers under the age of 19 may not use their phones while on the road. Commercial drivers may not use handheld devices while driving. The City of Chicago and some other municipalities have banned the use of handheld devices while driving.

As governments have moved to restrict cell phone use, automakers have been introducing technology that connects electronic devices with the automobile, so that the car can alert the driver to incoming calls or read text messages aloud. Ford’s approach is based on the idea that some situations are particularly dangerous.

Ford’s biometric steering wheel measures the driver’s heart rate, using the same technology found in gym equipment. Infrared sensors measure the driver’s body temperature, and the seat belt contains a piezoelectric sensor to detect the driver’s rate of breathing.

The new technology also measures traffic flow around the vehicle, using tools already available on current vehicles. There is a front-facing camera that measures traffic density in the lanes ahead and a blind spot detection device that uses sonar.

Another set of sensors measures the controls of the automobile itself: speed, acceleration, braking activity and steering wheel position. Lateral acceleration and yaw rate (changing lanes and turning corners) are also measured.

The combination of sensors is used to determine whether a particular driving situation requires the motorist’s full attention. The technology can then temporarily disable access to the driver’s handheld device. The system will use an algorithm to determine whether the combination of traffic conditions and the driver’s stress level indicates that a distraction may be particularly dangerous at that moment.

The new technology builds on Ford’s existing MyKey system, developed for younger drivers. MyKey allows parents to program a vehicle to block text messages and phone calls while the car is in motion and limit the car’s top speed and top radio volume. In addition, if the front seat passengers don’t buckle their safety belts, the audio system is muted.

Paul Greenberg is a Chicago car accident lawyer and Chicago car accident attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

According to GBS International, a group that promotes awareness of Group B Strep, the condition is the most likely cause of infections in newborns.

GBS does not infect every newborn that is exposed and women who carry the bacteria do not carry it consistently. Babies are most likely to become infected with the bacteria as they pass through the birth canal.

GBS can leave a baby with handicaps like deafness, blindness or cerebral palsy, according to GBS International.

Protecting a baby from GBS involves testing. Doctors can do a urine culture for GBS or other bacteria during the first and third trimesters. It is important for pregnant women to see a doctor immediately if they show signs of a vaginal infection. C-section babies are still at risk, according to GBS International, and IV antibiotics before the surgery can help reduce the risks of infection.

If an expectant mother tests positive for GBS during pregnancy, she should be given IV antibiotics for as long as four hours. In half of GBS infection cases, the mother showed no signs of risk factors, according to the Canadian Pediatric Society. This is why testing is an important step during pregnancy.

Symptoms of GBS include vaginal irritation or burning. The bacteria is also likely to give women bladder infections.

Pregnant women in the United States and Canada are tested as a standard of care. Even if a woman tests negative during a pregnancy, GBS International suggests being retested during the third trimester and again for each subsequent pregnancy. In a baby, GBS causes blood infections, sepsis, lung infections or infections in the fluid or the lining around the brain.

In order to reduce the risks to the unborn baby, a mother who has GBS should be given four hours of IV antibiotics before the baby is born. If the baby comes sooner than that, the hospital should observe the baby for 48 hours, according to GBS International. Breastfeeding also may supply a baby the needed antibodies to fight an infection. Everyone in the delivery room should wash their hands immediately before handling the baby, especially when the mother tested positive for GBS.

Most importantly, ask the doctor what needs to be done during every step of pregnancy and delivery if a mother has GBS. Parents of children who have tested positive for GBS should contact a medical malpractice attorney to understand their rights.

Robert Briskman is a Chicago medical malpractice lawyer and Chicago medical malpractice attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

The problem with surgeries was originally highlighted in 1998 by the Joint Commission, a nonprofit group that accredits health care organizations. The health care community has made many necessary fixes, but there is still a long way to go, according to Commission President Mark Chassin.

Many hospital groups across the country have been successful addressing these surgery mistakes through procedural changes, according to Hospitals and Health Networks Magazine.

A Safe Surgery Coalition in Minnesota began a campaign to eliminate surgeries performed on the wrong site in three years. In its first year, the campaign brought wrong site surgeries down from two or three a month in the state to only one per month. In Pennsylvania, one group of hospitals reduced its wrong site surgery numbers from an average of 15 a year down to only four.

These positive changes are the result of disciplined work, according to the magazine. Hospital groups unwilling to put in the effort still have unacceptable rates of surgery site mistakes. The causes of wrong site surgeries can be complicated to solve. Errors usually happen because of miscommunication during surgery prep, according to the magazine.

The procedural fixes that can lead to fewer or even zero wrong site surgeries are so simple, they sometimes do not get enough attention, according to Dr. Bill Berry, who is the program director of Safe Surgeries 2015, an initiative from the Harvard School of Public Health.

Wrong site surgery problems can occur in several places throughout the process including scheduling, consent forms, on-site marking and operating room time outs. The procedure that can bring about the biggest change when done correctly is known as the OR time out. A time out is the final check before the surgery begins.

The state health department in Minnesota created a process to address wrong site surgeries called the Minnesota Time Out. Researchers there found that the time outs were chaotic and rarely consistent or thorough, according to the magazine.

By creating a time out process where everyone in the room has a role and the procedure is followed every time, Minnesota has seen improvement.

Sometimes adding new processes to protect the patient can ruffle the feathers of health care professionals who are set in their ways, but that is where a hospital CEO must step in and insist that safe surgery processes be implemented and followed, according to the magazine.

Victims of wrong-site surgeries have real and long-term effects from the incorrect procedures. A medical malpractice attorney can hold the guilty party responsible while the victim recovers.

Robert Briskman is a Chicago medical malpractice lawyer and Chicago medical malpractice attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.