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Chicago IL Personal Injury Blog

Friday, September 26, 2014

Daughter Sues Doctor Who Failed to Tell Father of Cancer

A doctor's failure to communicate essential information to a patient can be as harmful as prescribing the wrong medication or botching a surgical procedure.  According to a medical malpractice lawsuit filed in Cook County, Illinois, a Lyons man died because his doctor failed to inform him that he had bladder cancer.

Edward Hines had gone to see to Dr. Alan Sadah, a urologist at an Oak Park clinic, for treatment of a bladder tumor. After removing the tumor, Dr. Sadah told Hines that he was free of cancer.  One week after the 2011 procedure, a pathologist's report showed that Hines still had bladder cancer.  In her lawsuit, Hines's daughter claims that Dr. Sadah never told her father. 

Hines did not discover his condition until a year later when he went back to the clinic complaining of pain and learned he had invasive bladder cancer.  He died at the age of 58 in 2013, after chemotherapy and surgery to remove his bladder and prostate.  

Hines' daughter says that, once his father knew about the cancer, he did everything medically possible to treat it. She believes the outcome could have been different if he had not missed a year of treatment while the cancer spread. 

In documents filed in court in response to the lawsuit, Dr. Sadah presents a different view of events.  He claims he told Hines that he had cancer but that Hines failed to follow up.  He also says Hines did not ask for the pathology report.

A physician Hines hired to review his treatment wrote that Dr. Sadah should have warned his patient about the high recurrence rate of bladder cancer and the need for vigilant monitoring and treatment.  The reviewing physician also wrote that patients should be notified when a pathology report discloses serious problems and an appointment should be set up for them.

A trial may be needed to decide whether Dr. Sadah's version can be believed or whether Hines was kept in the dark about his diagnosis until it was too late.

If your health or the health of a loved one has been adversely affected by a doctor's failure to inform you of a condition, or by any other type of negligent treatment, you should seek the compensation you deserve.  Ryan Ryan & Landa has represented clients in all types of medical malpractice suits.  For a consultation, call (847)416-1989 today.

Thursday, September 25, 2014

Uninsured / Underinsured Motorist Coverage

The following scenarios are very commonplace.  You or a loved one is seriously injured in an automobile accident where the at-fault driver has only state minimum insurance coverage.  Alternatively, perhaps the incident occurs where a hit and run driver causes the collision and flees the scene.  Far too many people believe that they have no recourse in these instances. 

 In fact, the answer is oftentimes just the opposite.  Drivers routinely purchase uninsured-underinsured (UM-UIM) motorist coverage as a part of their automobile insurance policies.  What this does practically is provide you a remedy in each of the aforementioned scenarios.  

Specifically, if the individual who caused your injuries does not have sufficient insurance coverage to compensate you, then you can make a claim against your insurance company on your underinsured motorist coverage.  Similarly, if the individual who caused your injuries has no insurance or flees the accident scene, you can make a claim against your own insurance company on your uninsured motorist coverage. 

It is vital that all drivers understand that these means of recovery are available and that you pay insurance premiums to your insurer so that they can be used when necessary.  

 

 


Tuesday, September 23, 2014

Tort Reform Does Not Work

The Los Angeles Times recently published an article discussing how "defensive medicine" caused by supposed fear of medical malpractice lawsuits constitutes a minor, insignificant portion of overall healthcare spending in the United States.  This term refers to physicians ordering medically unnecessary diagnostic testing (and the like) solely out of an alleged fear of being sued.      

This articles provides further evidence that "tort reform," which seeks to curb individuals' rights to collect their full measure of economic and non-economic damages in medical malpractice cases is a groundless movement.  Studies published around the country have irrefutably shown that: the overall number of physicians in the United States is increasing (refuting tort reformers' claims that people are choosing not to become doctors out of fear of lawsuits), physicians' medical malpractice insurance premiums routinely rise in states that adopt tort reform while medical liability insurers in said states routinely report record profits (refuting tort reformers' claims that the movement is aimed to curb increasing insurance premiums), and that the civil justice system is a more than adequate filter for so-called "frivolous" medical malpractice lawsuits.  

As an example of the latter point, Illinois law requires that a Plaintiff in a medical malpractice lawsuit consult with a physician in the same specialty of the individual they want to sue and obtain an affidavit documenting that their case is meritorious prior to ever filing suit.  This process alone costs thousands of dollars.  For this reason, filing a so-called "frivolous" lawsuit is cost-inefficient, a waste of time, and simply bad business.   

The reality is that tort reform shuts the courthouse doors to severely injured people for one purpose: saving insurance companies money.

http://www.latimes.com/business/hiltzik/la-fi-mh-another-study-shows-why-tort-reform--20140919-column.html

 

 


Monday, September 15, 2014

Lawsuit Over Raccoon Attack in Storage Unit

There are many risks when placing one's possession in a storage locker.  Will the stored items remain in good condition?  Will there be damage from moisture or insects?  One thing most people do not worry about is wildlife.

According to a lawsuit, when Michael Giangrand opened the door of his rental unit at a Public Storage facility in Schiller Park almost a year ago, he was attacked by a startled raccoon.  He is now suing the California-based company in Cook County Circuit Court.  The complaint did not specify what injuries he had suffered or what or damage the raccoon may have done to his property, but he is seeking at least $50,000 plus legal fees.

The suit for negligence claims, among other things, that Public Storage failed to warn customers that the storage units were not secure and that raccoons or other wildlife might gain access to the facility.  

Though the situation has comic elements, animal attacks are no laughing matter and can be fatal, whether from a pet or a feral creature.  Pedestrians bitten by dogs frequently bring civil actions seeking damages from their owners for violating the Illinois Animal Control Act.  More seriously, in February, a kayaker drowned after being attacked by a swan.  His wife brought a wrongful death action against a Des Plaines condominium complex that used swans to ward off geese.  

If you have been injured by an animal or put at risk by any action, inaction, or negligent conduct of others, you should seek the compensation you deserve.  The Chicago and Waukegan, Illinois, law firm of Ryan Ryan & Landa has experience a wide range of personal injury cases, from animal bites to traumatic brain injuries to wrongful death.  For a free consultation, call (847) 416-1989.

Friday, September 5, 2014

Tragedy in South Loop

Tragedy struck the south loop area of the city yesterday as a 34 year old mother was struck and killed by a stone that fell from the wall of a downtown church.  Our condolences are with this individual's family in this time of need. 

 

http://www.chicagotribune.com/news/local/breaking/chi-woman-dead-after-stone-falls-from-historic-south-loop-church-20140904-story.html


Friday, August 29, 2014

O'Hare Bus Crash

A shuttle bus crash at O'Hare International Airport around 6:30 A.M. sent several individuals to the hospital.  The crash occurred as the bus was headed from a remote lot to the departure terminal and crashed into a median.  Several firefighters on their way to work immediately came to the assistance of injured victims in the bus. 

 

Ryan, Ryan & Landa wishes all injured parties a speedy, full recovery.  


Thursday, August 28, 2014

An Illinois Truck Accident Claims a Fifth Victim

In July, a truck accident on I-55 instantly claimed the lives of four people ages 11 to 54. Earlier this month, a local news service published a story reporting that a fifth accident victim had died. The high fatality rate of the accident is consistent with national statistics, which reveal that more than 5,000 people die in truck accidents in the U.S. each year. 

The ratio of the number of trucks to truck accident fatalities is significantly higher than the ratio of the number of cars to car accident fatalities, and this is true for several reasons.  Substance abuse issues are common among long-haul truck drivers, who often need to drive hundreds of miles and stay awake for many hours each day.  Also, trucking companies sometimes fail to provide the necessary vehicle maintenance needed to keep eighteen-wheelers safe. Eighteen-wheelers can weigh up to 80,000 pounds and are highly dangerous when improperly maintained.  In addition, truck drivers sometimes choose to, or are pressured to, drive more than the legally mandated number of hours allowed without a rest break.  Trucking companies sometimes fail to effectively screen hired drivers, resulting in unqualified drivers, drivers without necessary licenses and drivers with criminal records and/or DUIs/DWIs.  Another reason is that semi truck cargoes are sometimes improperly loaded, resulting in shifted cargoes that can cause trucks to go out of control.

The July accident on I-55 appears to be consistent with national data. Truck driver Francisco Espinal Quiroz was charged with a felony for falsifying his driving records and charged with a felony for failing to maintain record of duty status, as well as cited for failure to reduce his speed in order to prevent an accident.  Additionally, prosecutors state that Quiroz had been on the road twelve hours at the time of the accident. Illinois law allows truck drivers to drive only eleven hours without rest.

When drivers and transport companies break laws and injuries result, injury victims and their families should work with experienced truck accident attorneys to prove negligence and recover needed and deserved compensation. The Chicago and Waukegan, Illinois, law firm of Ryan Ryan & Landa has handled numerous truck accident cases, including a case involving a fatigued truck driver that settled for $4.5 million. For qualified truck accident legal help in Illinois, contact our firm at (847)416-1989.

Wednesday, August 27, 2014

Ryan, Ryan & Landa Settles Motorcycle Accident Case for $2.4 Million

Philip Ryan and Michael Viglione recently obtained a $2.4 million dollar settlement for a Ryan, Ryan & Landa client.

The case, which was filed in the Circuit court of Cook County, involved a 48 year old motorcyclist riding on a through street who was hit by an individual turning left from a stop sign in St. Charles, IL.  

The Plaintiff sustained fractures of the right tibia, fibula, calcaneus, and a degloving laceration to the right heel.  The Defendant alleged that the Plaintiff was speeding and that the headlight of his motorcycle was not illuminated prior to the collision and disputed the nature and extent of the Plaintiff's claimed injuries. 

This settlement represents the latest of multiple seven figure recoveries obtained this year by Ryan, Ryan & Landa on behalf of injured accident victims.


Tuesday, August 26, 2014

Super Lawyers 2015

Michael M. Viglione of Ryan, Ryan & Landa was recently elected as an Illinois Super Lawyers Rising Star for 2015. 

This represents the second consecutive year that Michael has received this designation which is awarded less than 2.5% of attorneys in Illinois.  


Friday, August 8, 2014

Lawsuit Filed By Woman Struck By A Puck At Blackhawks Game

When you go to a hockey game, you expect to see some injuries.  Hockey is a rough sport and between the accidents and the brawls that happen on the ice, people are getting hurt all the time.  What you do not expect to see is one of the fans getting hurt.  Unfortunately, this is exactly what happened at a Chicago Blackhawks game.

During Game 1 of the Stanley Cup Finals 2013 Patricia Higgins was seated in the stands at the United Center behind the glass and a safety net.  She was a season ticket holder at the time and was watching the game with her daughter.  All of a sudden she was hit in the face with a hockey puck that had been hit from the ice by one of the players.  The puck had been hit over the glass and somehow made it past the safety net to where Higgins was seated.  As a result of being hit, she sustained injuries to her face and nose including a one and half inch laceration on her face that was down to the bone.  The cut went from her nose to her eyebrow and required 20 stitches to close.  She also sustained a concussion, an injury to her retina, swelling and had to have plastic surgery.  

Higgins has now filed a personal injury lawsuit against the United Center Joint Venture alleging that the safety net was dysfunctional and that is was negligently installed and maintained by the stadium.  Higgins is asking to be compensated for having sustained physical injuries, pain, medical bills and lost wages.  She claims that for some time after the accident she had problems with her vision and an inability to smell or taste.  She also claims that she will continue to be damaged from the injuries she sustained.  While she is not seeking a specific amount, the complaint states that the damages sought are not over $50,000.  It will be interesting to see if a contributory negligence defense is proffered by attorneys for United Center.  

This case is the perfect example of how you can be injured by someone else’s negligent conduct in any situation.  If you or a loved one was sustained personal injuries in an accident, call the experienced Chicago and Waukegan personal injury attorneys at Ryan, Ryan & Landa by dialing (847)416-1989.


Wednesday, August 6, 2014

Ryan, Ryan & Landa Settles Nursing Home Case for $450,000.00

Ryan, Ryan & Landa attorney Michael Viglione recently finalized confidential settlement of a nursing home case that earned a Lake County resident $450,000.00.

 

The case involved allegations that nursing home employees and staff physical therapists improperly stood a 76 year old resident despite admonitions from her family not to do so, and despite the nursing staff's assessing her as unsafe to be stood.  Plaintiff alleged that this improper standing culminated in a broken right ankle that eventually developed gangrenous ulcers due to complications from her diabetes and required a below the knee amputation.

  

Defendants argued that Plaintiff, who was diabetic, suffering from COPD, right-side paralyzed due to multiple prior CVA's, non-ambulatory, non-communicative, and severely osteoporotic, could not pinpoint the time or place she suffered the ankle fracture, and that the fracture could have occurred independent of any wrongdoing.   Defendants also questioned the loss of normal life to an individual who lost their right leg after admittedly being unable to stand, bear weight, or otherwise use the limb for approximately 10 years. 

  

Viglione stated that: "This settlement is confirmation that mistakes were made in my client's care and treatment.  It also confirms the profound effect the loss of her leg had, despite her long-standing physical limitations.  It was a pleasure to represent her."


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Ryan Ryan & Landa represents clients in matters involving catastrophic injuries, wrongful death, medical malpractice, personal injury, insurance litigation, worker’s compensation, construction accidents, and motor vehicle accidents in the Chicagoland area and throughout Illinois.



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