Posted On: November 30, 2009

Diabetes on the Rise Could Lead to Higher Insurance Costs

It is predicted that the number of Americans with diabetes would nearly double over the next 25 years. At the same time, the cost of care would almost triple as patients live longer and develop more of the disease’s long-term complications.

Med%20Money%203.gifA University of Chicago researcher, Dr. Elbert S. Huang, the lead author of a recent paper says that, “In 25 years, there is going to be this convergence of the population getting older but also many people having had diabetes for a long period of time, and that would lead to higher costs”.

The projections estimate that the population of diabetic individuals will rise to 44.1 million by the year 2034. At the present time there are approximately 23.7 million persons afflicted with diabetes with medical spending increasing to $336 billion from $113 billion.

Continue reading " Diabetes on the Rise Could Lead to Higher Insurance Costs " »

Posted On: November 27, 2009

Kreisman Law Offices Wishes You A Happy Thanksgiving

Thanksgiving is a time to take stock and recognize all the blessings in one's life and give thanks. I'd like to take this opportunity to thank those people who have had a positive impact on my life during this past year.

First, I would like to thank my family. My wife, sons, mother, and extended family are the center of it all. This past year is full of many wonderful memories and some important milestones. I am thankful for the amazing support system you provide that helps keep me grounded and focused.

And then there is my wonderful staff at Chicago's Kreisman Law Offices. Without you the day-to-day matters of my firm would not run as smoothly or as expertly. I am thankful for your hard work and upbeat spirit that makes our law office such a positive environment to work in.

And to my clients, who make all of this possible. I know that you have a choice when deciding on an attorney and I want to take the time to thank you for entrusting me with your legal matters. I appreciate the large amount of trust that goes into choosing an attorney and I thank you all for placing your trust in me. I take this trust very seriously and will not let you down.

Continue reading " Kreisman Law Offices Wishes You A Happy Thanksgiving " »

Posted On: November 25, 2009

Illinois Wrongful Death Case Brought by Family of Man Who Died of a Brain Injury When Brain Bleed Not Recognized

Bleeding seems like a simple enough problem to correct. We've all had a cut or scrape that has resulted in some sort of bleed and we all know the proper way to stop the bleeding: apply pressure and elevate the area. However, when bleeding is internal it is a completely different matter and can result in severe medical complications or death.

Med%20Image%201.gifThis concept is illustrated by a recent Illinois wrongful death settlement where a hospital's failure to recognize a brain bleed in a timely manner resulted in this man's death. The decedent had presented to Advocate Lutheran General Hospital and was admitted to the hospital's surgical intensive care unit for neurological observation after he sustained a brain injury as a result of hitting his head in a fall. Upon his admission a CT scan showed a small hemorrhage in his brain, which is basically another way of saying he there was a small bleed in his brain.

The plaintiff’s family alleged that the healthcare providers were medically negligent in their failure to recognize the importance of subsequent signs that indicated that this brain bleed had progressed. Further, they alleged that the doctors should have known and acted on those signs in time to prevent permanent damage and death by ordering an operation that would have relieved the increased pressure in the decedent's brain.

Continue reading " Illinois Wrongful Death Case Brought by Family of Man Who Died of a Brain Injury When Brain Bleed Not Recognized " »

Posted On: November 23, 2009

Illinois Motorcycle Accident Involving Father and Daughter Settled Against Maintenance Worker

Motorcycle accidents in Illinois and nationwide are often more severe than car or truck accidents. Due to the nature of motorcycles, the riders are often more vulnerable than those within a car or truck. A recent Illinois motorcycle accident settlement involving a father and daughter illustrates just how dangerous a motorcycle accident can be.

Motorcycle%202.jpgA father and daughter were riding a motorcycle together in Joliet, Illinois when they were struck by a pick-up truck that failed to yield the right of way. The father was driving the motorcycle with his 15 year-old daughter seated behind him; both were thrown from the motorcycle when it was struck by the pick-up truck.

The 15 year-old girl's ankle was severely broken and the father sustained multiple injuries, including a fractured wrist and ankle. Meanwhile the truck driver sustained little or no injuries. In the two years since the accident the girl has required multiple surgeries and is scheduled for an additional surgery this year that will fuse the bones in her ankle. This fusion surgery will limit her mobility and flexion of her ankle.

Continue reading " Illinois Motorcycle Accident Involving Father and Daughter Settled Against Maintenance Worker " »

Posted On: November 20, 2009

Chicago Birth Injury Case Settled: Delay in Delivery Results in Severe Brain Damage to Baby

During labor and delivery minutes can sometimes be the difference between a good outcome and a poor outcome. So consider the case of a Chicago mother who was forced to wait over two hours before her baby was finally delivered. A recent Chicago birth injury malpractice case settled with Northwestern Memorial Hospital highlights the importance of timing during labor and delivery.

Crib%201.jpgAccording to the mother's statement, she waited for more than two hours in the obstetrical waiting area at Northwestern Memorial Hospital before a physician even evaluated her. The plaintiff's lawyers alleged that this lengthy wait was negligent in light of the fact that upon arrival to the hospital she had been ordered for an immediate induction of labor due to her severe lack of amniotic fluid. Amniotic fluid is what protects the baby inside the womb and is extremely important to the baby's well-being.

During the two hour wait the physicians were apparently waiting for confirmation of the baby's status via newer tests. When the results finally did arrive they confirmed that the fetal heartbeat was very faint and that an emergency Cesearean section was in fact required. However, this delay resulted in a severe birth injury to the baby boy. He was born nearly lifeless and required resuscitation in order to be revived. He was diagnosed with severe brain damage and immediately placed on life support. The baby passed away a month after he was born.

Continue reading " Chicago Birth Injury Case Settled: Delay in Delivery Results in Severe Brain Damage to Baby " »

Posted On: November 18, 2009

Cook County Trucking Accident Results in Wrongful Death Claim

A recent Cook County trucking accident settlement raises some interesting question about driver responsibility. The Cook County wrongful death lawsuit was brought by the family of a 47 year-old Illinois auto worker who was killed in a collision with a truck.

Trucks%203.jpgThe surviving truck driver was not fluent in English and admittedly could not read English. The truck driver therefore was unable to read highway signs warning drivers that an accident had occurred up ahead and advising them to slow down. The truck driver did not slow down and crashed into the rear end of the decedent's pick-up truck, which was then propelled forwarded and pinned against the median wall. The decedent was trapped in the vehicle as it ignited in flames.

The decedent's estate claimed that the truck driver was an employee of Ford Air, Inc. and that the company knew or should have know that the driver could not speak or read English. Federal law requires truck drivers to have enough knowledge of English to be able to converse with a police officer. The idea is that in the event of an accident those with commercial driving licenses should be able to provide details about the chain of events. The truck driver in this case clearly did not meet this federal standard, which the estate claimed contributed to the Cook County trucking accident.

Continue reading " Cook County Trucking Accident Results in Wrongful Death Claim " »

Posted On: November 16, 2009

Chicago Foundation Celebrates Its 60th Anniversary

Last Friday the Chicago Union League Civic & Arts Foundation marked its 60th anniversary celebration with a gala event that featured several of its former Foundation award winners. Chicago civil attorney Robert Kreisman attended the "Showcase of Stars" and was treated to a night of high quality classical music.

Music%201.jpgThe Civic & Arts Foundation (CAF) is dedicated to sponsoring and supporting young artists in the Chicago community. The CAF not only hosts artistic competitions and concerts, but also provides civic services such as legal services, supportive services for recently divorced parents and children, and civic education.

The success of the CAF's efforts can be seen in the high level that their former award recipients have achieved. Showcasing their talents were performers Rachel Barton Pine, violinist; Wendy Warner, cellist; Nancy Gustafson, soprano; Rodrick Dixon, tenor; and Jonita Lattimore, a soprano with the Chicago’s Children Choir.

Chicago Attorney Robert Kreisman was among the crowd enjoying the fruits of the CFA's efforts in the form of a beautiful concert. Like many of the attendees he looks forward to another successful 60 years for the CAF and what their future will bring.

Continue reading " Chicago Foundation Celebrates Its 60th Anniversary " »

Posted On: November 13, 2009

Chicago Man's Partial Paralysis Leads to Medical Malpractice Settlement

A Cook County resident filed a medical negligence lawsuit against a neurosurgeon and neurologist who allegedly failed to correctly diagnose a cancerous growth on the man's spine. The delay in the diagnosis allowed the tumor to grow larger, which resulted in partial paralysis and permanent neurological deficits.

xray%202.jpgThis particular Chicago medical malpractice lawsuit demonstrates the importance of a timely diagnosis. A review of the case facts indicates that if this man's tumor had been diagnosed earlier that his resulting paralysis would not have developed to the same degree of severity. This issue of a delay in diagnosis lies at the center of many Chicago medical negligence cases.

The 50-some year-old male presented to the physicians at NorthShore University Health System, f/k/a Evanston Northwestern Healthcare, with complaints of lower back pain and leg numbness. An MRI was ordered, which did in fact show the cancerous growth on the spine. However, the neurosurgeon didn’t identify the growth and the neurologist reportedly didn’t view the MRI film prior to reaching the incorrect diagnosis.

Continue reading " Chicago Man's Partial Paralysis Leads to Medical Malpractice Settlement " »

Posted On: November 11, 2009

Guidelines for Selecting a Nursing Home for the Elderly

In an age when reports of nursing home abuse are becoming all too common, picking a nursing home for an elderly relative is never an easy task. A recent book, Taking Charge: Good Medical Care for the Elderly and How To Get It, makes the process a little easier by creating a checklist to facilitate the search for a suitable nursing home.

Investigate deficiencies. There are standards that are established by the federal government and state and local health departments in order to monitor nursing home neglect. A nursing home that fails to comply with a standard or regulation is issued a deficiency citation. Information about these deficiencies can be found on Nursing Home Compare website, sponsored by Medicare.

Chose quality over location. The primary reason for selecting a nursing home facility is high quality of care, not location. The quality of care is measured in the staffing levels and the direct connection with the hospital. Again, the Medicare website is a good place to start your search.

Monitor the care. Relatives and loved ones of a nursing home resident should visit often and at various times, including nights, weekends, and holidays when the staff members on duty may not be the most experienced. Make sure medications are given at the right times and check on the amount of fluids the patient is actually consuming. Malnutrition and dehydration are common hazards in nursing homes and can be fatal.

Assist at meals. For those nursing home residents and patients not able to feed themselves, make sure that arrangements are made to assist the person with eating. This assistance is most important at lunch, which is the main meal in nursing homes.

Hire a geriatric care manager. If a relative or loved one is not near enough to make personally assisting the nursing home patient reasonable, consider hiring a professional who can serve as a family liaison. A geriatric care manager is trained in gerontology and can visit the patient, evaluate and monitor the situation for any signs of nursing home abuse or neglect. The National Association of Professional Geriatric Care Manager website maintains a directory searchable by ZIP code.

Continue reading " Guidelines for Selecting a Nursing Home for the Elderly " »

Posted On: November 9, 2009

Could Product Defect Be at Fault? Toyota and Lexus Cars Reported to Have Numerous Sudden Acceleration Accidents

According to the Chicago Tribune, since 2001 over 1,000 Toyota and Lexus owners have reported that their cars having suddenly accelerated on their own. Sometimes these runaway cars were found after crashing into trees, parked cars, brick walls, and other obstacles. In fact, some of these crashes have resulted in death with as many as 19 deaths directly related to sudden accelerations reported over the last ten years.

toyota_logo%201.jpgTo date there have been no less than eight investigations into the sudden accelerations in Toyota and Lexus cars by the National Highway Traffic Safety Administration (NHTSA) over the last seven years. NHTSA investigated the cases from all angles, including whether there was any product defect responsible for the occurrences.

Toyota recalled around 85,000 vehicles in response to two of those inquiries, but the federal agency closed six other cases without finding a defect. Some of those cases closed by federal officials were those in which drivers said they were unable to stop runaway cars even trying to stop by using their brakes. In spite of the NHTSA closing some of these cases, fatal crashes involving Toyota cars have continued to rise.

Continue reading " Could Product Defect Be at Fault? Toyota and Lexus Cars Reported to Have Numerous Sudden Acceleration Accidents " »

Posted On: November 6, 2009

Negligent Cook County Delivery Results in Brain Damage to the Child

A Cook County birth injury lawsuit that alleged a baby boy had suffered severe brain damage during a delay in his birth was settled. The medical malpractice lawsuit was against Northwest Community Hospital, a nurse midwife, and the midwife's employer. The case was settled and approved by a Cook County Circuit Court judge.

Waterbirth%201.jpgWhat was particularly interesting about the case was that the delivery was actually a waterbirth. A waterbirth is a birthing method wherein the mother is immersed in a small pool of warm water. Proponents of this method argue that it is safe and offers improved pain relief for the mother and less trauma for the baby.

In this particular Cook County birth injury case, the baby's shoulder became trapped during the end of the delivery. The plaintiff alleged that the nurse midwife and assisting nurses did not drain the birth tub quickly enough to use the standard birthing maneuvers to free the baby's shoulder, and that their actions delayed the baby's delivery. Any delay in delivery can result in harm to the baby, and in this case the plaintiff alleged that the delay resulted in oxygen deprivation and brain damage in the form of cerebral palsy.

Continue reading " Negligent Cook County Delivery Results in Brain Damage to the Child " »

Posted On: November 4, 2009

Cook County Emergency Room Malpractice Verdict Returned in Favor of Woman's Surviving Family

A jury returned a Chicago medical malpractice verdict for the family of a 45 year-old diabetic woman who died after suffering a cardiopulmonary arrest while in the emergency department of Little Company of Mary Hospital. The woman is survived by two children and a husband.

ER%203.jpgThe decedent's estate alleged that the Chicago emergency room nurses failed to appropriately triage the patient as “urgent” and to properly monitor her deteriorating physical condition, which it alleged was medical negligence on the part of the Chicago hospital. According to reports, the defendant's argued at the trial that warning alarms on devices monitoring the patient’s vital signs did not activate to indicate that her condition was worsening toward cardiac and respiratory arrest. However, the jury obviously did not buy into this defense and found that the Chicago emergency room errors had resulted in the decedent's death.

The woman had severe hyperglycemia when she arrived at the Chicago hospital. Hyperglycemia is a condition in which an excessive amount of glucose/sugar circulates in the blood and is something that the Chicago emergency room staff should evaluate for, especially in those already diagnosed with diabetes. Signs and symptoms of hyperglycemia include high blood glucose levels, high levels of sugar in the urine, frequent urination, and increased thirst. If left untreated hyperglycemia can worsen quickly and develop into a diabetic coma.

Continue reading " Cook County Emergency Room Malpractice Verdict Returned in Favor of Woman's Surviving Family " »

Posted On: November 2, 2009

Illinois Medical Malpractice Verdict Stands On Appeal For Doctor’s Failure to Diagnose

An recent Illinois medical malpractice jury verdict was affirmed by the Illinois Fifth District Appellate in favor of an injured plaintiff in a medical malpractice lawsuit. The appellate court's decision effectively denied a physician's claims that the plaintiff had failed to effectively prove the defendant had breached the standard of care. Cummings v. Jha, M.D., et al., No. 5-0-0182.

Scalpel%202.jpgThe plaintiff's, Kevin Cummings, original Illinois medical malpractice claim for a failure to diagnose and treat a bile leak following surgery was against two physicians; however, the physician who performed the actual surgery settled out of court. Therefore the jury verdict was only against one of the physicians, a doctor who had been standing in for the defendant surgeon while he was out of town.

The stand-in physician appealed the $210,000 jury verdict in favor of the plaintiff, claiming that he was entitled to a judgment notwithstanding the verdict and contending that the plaintiff failed to show he breached the standard of care or that the alleged breach was a proximate cause of Cummings’ injury. However, the Illinois Appellate Court rejected those arguments and affirmed the lower court’s medical malpractice verdict.

The court said that the evidence showed that the second doctor breached the standard of care when he failed to fully investigate and inquire about Cummings’ history and didn’t obtain sufficient information to make an appropriate clinical diagnosis. One of the experts for plaintiff also testified that the history of plaintiff’s gallbladder surgery should have prompted a reasonably competent physician to investigate Cummings for a surgical complication.

Continue reading " Illinois Medical Malpractice Verdict Stands On Appeal For Doctor’s Failure to Diagnose " »