Chicago Injury Attorney Blog

We all make mistakes, even doctors from time to time and it's good to admit it when we make a mistake. In fact, a recent report on medical mistakes from the National Academy of Sciences' Institute of Medicine, concludes that 44,000 to 98,000 Americans die each year not from the medical conditions they checked in with, but from preventable medical errors. But when it comes to doctors, a recent study suggests they're more likely to say it's important in theory to disclose a medical error to patients than they are to actually 'fess up'.

Only 41 percent of physicians surveyed said they had actually disclosed a minor medical error they made, and just 5 percent said they had revealed a major error during their career. Moreover, 19 percent said they had made a minor medical error but not disclosed it; 4 percent said they had made a major error and not disclosed it. Apparently, most healthcare providers are taught that admitting mistakes when they occur and compensating patients reduces the funds available for patient care.

In another study, 98 percent of patients surveyed desired admission of even minor mistakes. Moreover, patients were more likely to consider a lawsuit if mistakes were not disclosed. In fact, for moderate mistakes, 12 percent of the patients surveyed would consider a lawsuit for disclosed mistakes; on the other hand, 20 percent of the patients would consider a lawsuit if mistakes were not disclosed but were discovered by the patient in another way.

The new Michael Moore movie "Sicko" exemplifies the failure of physicians to admit their mistakes. A physician testified before congress that that several years ago she refused a life saving operation for a child because the insurance company offered to send her to Hawaii in exchange for her denial of care. The child died but the insurance company saved thousands of dollars. She never informed the family of her actions and only testified after the time to file a lawsuit had expired.

This is another sad example of placing profits over people and this is the exact reason why you should pursue your legal rights whenever possible.

Posted by Steven J. Malman | Permalink | Email This Post

Posted In: Medical Malpractice , Nursing Home Abuse and Neglect , Personal Injury

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Every day, five children under the age of 19 die as the result of an accidental shooting or suicide by gun. According to the American Academy of Pediatrics, firearms (accidental, suicide and homicide) claim the lives of some 4,000 children under age 20 each year. Most of the deaths are preventable.

We recently represented a Chicago family for the accidental shooting death of their 16-year-old son. My client lived next door to a young girl whose father possessed a handgun. A young boy from the neighborhood asked the girl to provide him with the gun so he could look at it. When the girl handed the boy the gun, he refused to return it. Later that week the boy was showing my client the handgun when it accidentally fired, striking my client in the head and killing him.

We filed a wrongful death lawsuit against the shooter as well as the owner of the gun. The shooters family was insured by a homeowner's policy that covered the accidental shooting. We recovered 100% of the available insurance.

We also made a substantial recovery against the owner of the gun. After an arbitration hearing, the Judge ruled that it was negligent to leave a handgun in a place that was accessible to a child.

Unfortunately, most fatal firearm accidents occur when children and teens discover firearms at home that have been left loaded or unsecured. Because of the serious risk of firearm related death and injury to children, the decision to keep a firearm in the home is very serious and one that must not be made lightly.

Posted by Steven J. Malman | Permalink | Email This Post

Posted In: Personal Injury , Wrongful Death

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In the last three years there were 248,000 preventable hospital deaths in the United States. Interestingly, the most wrongful deaths due to hospital mistakes occur during the night shift. In fact, a study found that babies born late at night were 16 percent more likely to die than those born in the daytime. There are several reasons why hospitals are more dangerous at night.

First, nighttime surgery is usually emergent and there are only skeleton crews working. As a result, you are less likely to be treated by a specialist or top surgeon.

Second, fewer nurses and doctors means less experience. Since workers with seniority get the first choice of daytime positions, the night shift is often staffed with nurses, nursing assistants and lab technicians with little experience. In addition, usually less than conscientious workers find it easier to go unnoticed at night.

Finally, fatigue is a major contributor to night shift errors. Hospital staffers generally work long hours and fatigue tends to be worse at night. Researchers found that people who had worked 24-hour shifts had the equivalent performance level of someone legally intoxicated.

To best protect yourself, compare the hospitals in your area before you are admitted. In addition, you can prevent some hospital errors by asking certain questions, especially at night. Ask the name of your night nurse and insist on the same nurse caring for you throughout the night. Make note of any staffers that stand and express your concerns to him or her. Lastly, if you are uncomfortable with the care you are receiving, ask a relative or friend to spend the night with you.

Posted by Steven J. Malman | Permalink | Email This Post

Posted In: Medical Malpractice , Nursing Home Abuse and Neglect , Personal Injury , Wrongful Death

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In 2006, Chicago based A.D.R. Systems of America, LLC., resolved over 1,100 cases through the use of mediation and arbitration. Malman Law resolves 98% of all cases before trial with the help of this process. Many of the top personal injury lawyers in Chicago utilize mediation and arbitration to resolve cases. This is evidence that the aggressive use of mediation and arbitration to settle personal injury cases is growing rapidly. These are voluntary meetings agreed to by the parties, as opposed to those connected with the court system. The process is private and confidential.

I have successfully resolved many types of cases through the use of mediation and arbitration including, auto accidents, truck accidents, medical malpractice, nursing home neglect, construction accidents, slip and falls, accidental shootings, dog bites and other personal injury matters.

Mediation is a dispute resolution process where a neutral party, usually a retired Judge, helps to negotiate a settlement for a case. There is usually no live testimony at a mediation. The parties have total control over the outcome of the mediation and decisions are made after being informed of all information available. At a mediation the parties are not required to agree to a settlement, it is completely the parties own decision.

Arbitration is similar to a trial but is faster, less expensive and final. In an arbitration, the parties submit, usually to a retired Judge, all of the evidence to prove a case. This includes live testimony as well as written documentation. The Judge then renders a final binding decision. Sometimes, the decision can be controlled with a "high/low" agreement. This means that the parties can agree to the least amount that a party can recover and the most amount a party can recover. This allows for a range of expected recovery.

My many years of experience has taught me that the keys to alternative dispute resolution (A.D.R.) are preparation, patience and an open mind. I am always willing to listen to what someone has to say if it is in my client's best interest. See you out of court!

Posted by Steven J. Malman | Permalink | Email This Post

Posted In: Automobile Accidents , Cerebral Palsy , Construction Accidents , Dog Bite/Animal Attacks , Medical Malpractice , Motorcycle Accidents , Nursing Home Abuse and Neglect , Personal Injury , Police Brutality/Civil Rights Violations , Products Liability , Slip and Fall Accidents , Truck Accidents , Workers' Compensation , Wrongful Death

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On Aug. 22, an OSHA officer, while driving by a Chicago-area residential construction site, observed employees working at approximately 30 feet above grade performing roofing work. He stopped at the worksite and saw an employee trip on a slide guard and nearly fell off the roof. Luckily, the employee caught himself on the side of a chimney. The officer initiated an inspection and asked the employer to cease work until employees were provided adequate fall protection.

This is just another example of construction companies disregarding safety to increase the speed of a project. Unfortunately, many construction companies are more concerned with completing a project on schedule than safety. In this case, it was quicker to allow employees to work without fall protection than to require them to wear a safety line or provide other fall protection.

If you are employed in the construction industry, you should demand compliance with all known safety regulations. In addition, you should report any safety violations to your foreman or general contractor. Working in safe conditions is your right, which must protected at all costs.

If you are injured at a construction site, it is important that you retain top quality legal representation. You should hire an attorney who has a track record of success in representing victims of construction negligence.

Malman Law has the skill and experience to handle construction site accident cases. We believe the key to success in construction cases is being aggressive and persistent. This type of aggressive representation has resulted in the recovery of millions of dollars for our clients.

Posted by Steven J. Malman | Permalink | Email This Post

Posted In: Construction Accidents , Personal Injury , Slip and Fall Accidents , Workers' Compensation

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One out of every 10 construction workers is injured every year. The most common accident at construction sites is falls causing more fatalities than any other construction activity. Ironworkers have the greatest likelihood of being injured on a construction site, more than any other trade.

We recently settled a case for an Ironworker who was injured in Rosemont, Illinois. Our client was helping a co-worker move a steel beam when the co-worker slipped and dropped the beam. As a result, my client was left holding the entire weight of the beam. The beam was so heavy that my client felt an immediate "pop" in his back causing immediate pain. He eventually was diagnosed with a herniated disc in his back and underwent surgery to fuse his spine. We were able to prove that during a rain storm the general contractor ordered my client to move a steel beam. Our expert determined that the general contractor was negligent for failing to shut down the site and for ordering my client to perform work in unsafe conditions.

Construction site cases can be very complex. The most difficult aspect of these cases is determining all of the liable parties. If the injured worker is employed by the general contractor then we must determine what role, if any, the sub-contractors played in the injury. If the worker is employed by a sub-contractor, then we must determine the liability of the general contractor, the owner and other sub-contractors.

At Malman Law, we feel the best way to establish liability in a case is through the use of expert witnesses. We utilize construction safety experts who have worked for OSHA and understand government regulation of the construction industry. We are often able to uncover poor safety compliance and a disregard for government regulations.

A construction site is a very dangerous place. Construction companies are well aware of the dangers of the site but will often disregard safety for speed and profits. If you are injured, it is important to exercise your legal rights . By exercising your rights, you will bring to light to unsafe conditions which may help to prevent future injuries.

Posted by Steven J. Malman | Permalink | Email This Post

Posted In: Construction Accidents , Personal Injury , Slip and Fall Accidents , Workers' Compensation

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In the United States there are over 4,7000,000 dig bites per year with over 800,000 resulting in injuries requiring medical attention. The Illinois Animal Control Act creates liability for dog and animal attacks. In Illinois, anyone who owns or harbors a dog, or other animal, is responsible to pay money damages to a person injured by the animal. The only defense to a claim under the Illinois Animal Control Act is provocation by the injured person. Generally, homeowners insurance will provide coverage for the action of the owner's dog.

As a dog owner, I am amazed to see so many people failing to leash their dogs. In order to help prevent dog attacks, I strongly recommend that you leash your dog. If you want to run your dog off leash, then go to a dog park. There is no reason to endanger other people and children by allowing your dog to roam free.

If you or your children want to pet a dog, always approach from the front. Ask the owner if you can pet the dog and let the dog come to you. Do not pet the top of the dogs head rather, let the dog sniff your hand and pet the dogs sides or back.

In the event of a dog attack you should be prepared to react. If the dog attacks someone else, you should lift the dog from the hind legs in order to stop the attack. Generally, a dog will release the victim when you lift the hind legs. If you are attacked by a dog you should remain still. I know this is difficult, but if you remain still the dog will become bored and let you free.

The most important action you can take to help prevent dog bites is to ask your neighbors to leash their dogs. In addition, take caution when you approach a dog. Unfortunately, dog bites do occur and you should pursue your legal rights against the owner.

Posted by Steven J. Malman | Permalink | Email This Post

Posted In: Personal Injury

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In Illinois there are over 63,000 lawyers who can represent you. How do you choose the right lawyer for you? As a Chicago personal injury lawyer, I believe that with a little research you can find quality representation that will leave you feeling good about our legal system.

I feel that the most important characteristic in an attorney is experience handling the particular type of case that you have. For example, at Malman Law we represent the injured for automobile accidents, work injuries, nursing home abuse and neglect, slip and falls, medical malpractice and products liability. If you were injured in a car accident, many lawyers are happy to represent you. However, many of these attorneys are general practitioners or do not concentrate in injury law. They attempt to handle automobile accident cases because they think they are uncomplicated. Many lawyers are unaware of legal technicalities, insurance company policies, legal theories and case values. This can lead to long delays in your case or a poor result. Before you retain an attorney, confirm that he or she has handled many similar cases in the past.

Your lawyer should immediately able able to answer any of your legal questions concerning your case. We cannot give any guarantees or exact case values, but an experienced injury attorney has heard most questions many times and knows the answers. For example, if client was riding a bike and was injured in a hit and run collision, I know what to ask. First, I need to determine if the client has automobile insurance coverage. If he did, then the automobile insurance uninsured motorist provision would apply to a hit and run accident. If the client did not have any insurance, then I would inquire if you live with any relative who has automobile insurance. If the answer is yes, then that policy may also apply. Unfortunately, many lawyers are unaware of the available coverage contained in insurance policies. Only retain an attorney if he or she has answered all of your questions satisfactorily.

When you speak to an attorney, listen carefully to determine whether or not you can build a good working relationship with him or her. Some cases take several years to resolve and you will be speaking to your lawyer many times during the course of the case. Be sure that your personalities mesh.

Finally, confirm that your lawyer is licensed in Illinois and is in good standing. This process takes one minute and can save you from a nightmare.

Posted by Steven J. Malman | Permalink | Email This Post

Posted In: Automobile Accidents , Personal Injury

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We recently forced a Chicago nursing home to settle a case for severely neglecting an elderly resident. The case involved a nursing home resident who was placed in a bed with out siderails. Our client fell out of the bed and came to rest on an iron block heater. As a result, he sustained a severe leg burn causing ulcers to develop. Eventually, the residents legs were amputated.

All nursing home residents have the right to be free from abuse and neglect. At Malman Law , we concentrate in protecting those rights. Today there are over 65 million peple in the United States over the age of 65. According to best estimates, between 1 and 2 million of these elders have been abused or neglected.

Unfortunately, most residents are never informed that they may have rights concerning falls, fractures and bed sores. It is important to exercise those rights since a nursing home will not inform you, or your family, of the right to pursue a claim against them.

There is no requirement that a nursing home inform a resident of neglect. We believe that when a nursing home becomes aware of neglect, the staff should have the obligation to inform the resident and family of their rights. Moreover, the State should be informed of the neglect and allowed to investigate any allegations by the resident or family.

In this case, we forced the nurses and staff to step forward and admit their neglect. If you or a loved one are in a nursing home you have an obligation to protect and pursue your rights. The protection of the elderly is of paramount importance at Malman Law and we will continue to fight for their rights.

Posted by Steven J. Malman | Permalink | Email This Post

Posted In: Nursing Home Abuse and Neglect , Personal Injury

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Many people have the unfortunate experience of being involved in an automobile accident. In fact, in 2005 there were over 6,420,000 car accidents in the United States resulting in over 2,900,000 injuries. It is the leading cause of injury and death for people ages 3 to 33. Accordingly, at Malman Law we believe it is important to know what to do immediately after an accident to protect your rights. After an accident, we recommend doing the following:

First, seek medical treatment. Automobile collisions are traumatic and only trained medical personnel are qualified to diagnose your injuries. If you fail to seek immediate treatment an insurance company may later dispute the extent of your injuries based upon the lack of emergency medical care.

Second, preserve any evidence involved in the collision. Be sure to take photographs of your injuries, the vehicles involved and of the scene. Obtain witnesses names, addresses and telephone numbers. If you are unable to do this yourself, ask your spouse or a friend. This information may be invaluable to prove your case at a later date.

Third, do not give any statements or sign any papers. Insurance companies are notorious for taking statements in hospitals or at your home shortly after an accident. Insurance companies also often make very low cash offers to settle your case. Do not accept any offers until you have had an opportunity to think about the situation.

Finally, contact a lawyer. A lawyer is trained to determine your rights and is better qualified to determine the value of your case. Remember, the United States legal system works best when you stand up for your rights.

Posted by Steven J. Malman | Permalink | Email This Post

Posted In: Automobile Accidents , Personal Injury

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We recently represented a woman in Chicago, Illinois, for a severe burn and injuries she sustained after her oven mitt burst into flames. This case highlights the disregard for safety that some manufacturers have for consumers.

My client was removing a pan from an electric oven when the oven mitt came into contact with the heating element causing the oven mitt to explode into flames. Her night shirt caught on fire and she severely burned her chest and arms resulting in the need for surgical skin grafts.

Malman Law felt obligated to protect this woman's rights. She had the right to compensation for: medical bills, future medical bills, pain and suffering, lost wages and disfigurement.

We obtained a substantial settlement after the oven mitt was tested at a laboratory for flammability. Our expert determined that the oven mitt violated accepted safety standards for oven mitts. In fact, during our testing the oven mitt exploded and almost burned the expert.

At Malman Law we believe that protecting the consumer from dangerous products is our obligation. It is our goal to force manufacturers to place people over profits.

Posted by Steven J. Malman | Permalink | Email This Post

Posted In: Personal Injury , Products Liability

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