Martin Law, LLC FindLaw IM Template2024-02-20T22:37:01Zhttps://www.martinlawchicago.com/feed/atom/WordPress/wp-content/uploads/sites/1103167/2020/04/cropped-site_icon-32x32.jpgOn Behalf of Martin Law, LLChttps://www.martinlawchicago.com/?p=496592024-02-20T22:37:01Z2024-02-20T22:32:14Z“If they just would have believed me, this wouldn’t have happened to another woman.”
Over the course of a yearlong investigation, the Chicago Tribune found that well-known Illinois health systems have allowed workers accused of abusing patients to keep providing care. The Tribune identified 52 medical providers accused of sexual misconduct with patients in Illinois over the last decade.
In a front page story, which appeared in the Chicago Tribune on Sunday, February 18, 2024, Lisa, Schencker, and Emily Hoerner described how local healthcare providers, abused patients and yet those providers stayed on the job. This shocking story includes details of sexual abuse and assaults, being committed upon patients at a number of institutions. If you wish to read more about this, please click on the attached link.
https://www.pressreader.com/usa/chicago-tribune-sunday/20240218/282432764078068]]>On Behalf of Martin Law, LLChttps://www.martinlawchicago.com/?p=496552023-08-31T07:10:54Z2023-08-31T07:09:54Zpublished Wednesday in JAMA Surgery suggests there is a qualitative difference in the way female surgeons practice. The study suggests that patients treated by female surgeons have lower rates of adverse postoperative long-term outcomes including death compared to similar patients treated by male surgeons. Long-term is defined as any outcome within 90 days or within a year.
The new study builds on previous research that had similar findings about patient outcomes related to the sex of the surgeon, but within 30 days, the traditional time period used to examine surgical outcomes, including in the National Surgical Quality Improvement Program.
For more details, click on the following link:
https://martinlawchicago.wordpress.com/2023/08/30/study-finds-female-surgeons-have-lower-rates-of-long-term-adverse-outcomes-than-their-male-peers/]]>On Behalf of Martin Law, LLChttps://www.martinlawchicago.com/?p=496512023-08-03T13:43:06Z2023-08-03T13:39:32ZPropublica investigation in March that detailed Cigna’s software system for approving and denying claims in batches. The algorithm works by flagging discrepancies between a diagnosis and what Cigna considers “acceptable tests and procedures for those ailments,” according to the lawsuit. Over two months last year, the company denied more than 300,000 claims, spending an average of 1.2 seconds on each claim, Propublica reported. While medical doctors signed off on the denials, the system didn’t require them to open patient medical records for the review.
After the lawsuit was filed Monday, Cigna defended the software system. "PXDX is a simple tool to accelerate physician payments that has been grossly mischaracterized in the press,” spokesperson Justine Sessions said in a statement. “The facts speak for themselves, and we will continue to set the record straight.”
This situation raises questions about how technology could harm patients as more healthcare organizations look to embrace artificial intelligence ("AI") and other new tools.
For more details, click on the following link:
https://www.forbes.com/sites/richardnieva/2023/07/24/cigna-sued-over-algorithm-allegedly-used-to-deny-coverage-to-hundreds-of-thousands-of-patients/?sh=62ecf0cb4b14]]>On Behalf of Martin Law, LLChttps://www.martinlawchicago.com/?p=493922023-05-01T09:34:31Z2023-05-04T09:33:49ZWhen personal injuries happen (through a car crash, slip-and-fall or medical malpractice), it is crucial to determine who is at fault so the injured party can claim the damages they are entitled to. Fault is the foundation of every personal injury claim. So, how is it determined?
Every state has specific laws that govern how fault is determined and, thus, damages awarded in a personal injury claim. In Illinois, this statute is known as modified comparative negligence. But what does it mean and how will it impact your damages?
Understanding modified comparative negligence
If someone is 100 percent responsible for the accident that resulted in your injuries, you can hold them fully responsible for the resulting economic and non-economic damages such as the cost of treating your injuries, lost income, property damage and any other expense that may result from the accident. But what if you played a role in the accident? Well, this is where modified comparative negligence comes in. Modified comparative negligence states that you will only be eligible for damages if your role in the accident that resulted in your injuries was less than 50 percent. In other words, you can only be eligible for damages if your contribution to the accident was 49 percent or less. And even so, your damages will be reduced based on your degree of fault.
How do you strengthen your case?
To win your personal injury claim and receive the damages you deserve, you need to present evidence that clearly faults the other party. This can include:
Your medical records
The police report
Photos and videos of the accident scene
Witness statements
Personal injuries happen every day. If you are hurt as a result of someone else’s unlawful actions, you need to learn more about Illinois personal injury laws so you can safeguard your rights and interests while pursuing damages.]]>On Behalf of Martin Law, LLChttps://www.martinlawchicago.com/?p=493892023-04-21T06:41:58Z2023-04-26T06:41:29ZYou might not have thought about the safety difference between turning left and turning right before. After all, you can get injured doing either. Yet recent studies show that left turns are the more dangerous of the two, accounting for one in six intersection crashes.Why is that, and what can you do about it?
Turning left forces you to travel across the oncoming traffic
There is so much going on at intersections that it is easy for crashes to occur. It only takes one driver to misjudge something. When you turn left, you are exposed to a whole stream of oncoming traffic, as well as the traffic that is in front of you and behind you, so there are more people to potentially make an error that affects you. Equally, if you make an error, there’s a greater chance it affects someone else.Turning right is, therefore, simpler and safer because you cut out that whole other set of vehicles. So why doesn't everyone cut out the left turns? That’s a good question. Some delivery companies, such as UPS, have adjusted their navigation software to prevent their drivers from turning left.
Won’t keeping to rights make the journey longer?
It may increase the distance you travel, but it won’t necessarily take any longer, and it may save you gas. To turn left, you normally need to wait with your motor running, sometimes for a few minutes. Turning right avoids this delay and wasted fuel, thus making it more efficient overall, according to UPS.You also need to remember that even a minor collision can result in a significant and costly delay. A major intersection crash could prove fatal or leave you in need of significant compensation. ]]>On Behalf of Martin Law, LLChttps://www.martinlawchicago.com/?p=493852023-04-11T17:28:12Z2023-04-14T17:27:41ZAbuse and neglect are unfortunately common in nursing homes. In 2021, approximately 1 out of six people aged 60 and older endured abuse in care settings. That said, you can take steps to ensure your friend’s or relative’s safety. Here are four ways you can protect your loved one.
1. Visit your loved one often
Check on a beloved relative a few times a week. Regular visits not only allow a patient to alert you of good (and bad) news, but they also prevent loneliness, especially if your loved one has little or no friends at their nursing home.
2. Get to know some of the staff
It’d be nice if every nursing staff member were kind, honest and reliable. Alas, abusers exist in all sectors, including medical professions. Educating yourself on a caregiver’s personality and behavior helps you determine which individuals are trustworthy and which ones you need to keep a close eye on.
3. Look for signs of abuse
During your visits, check for common signs of abuse with some of them including:
Physical injuries like cuts or bruises
Change in behavior, e.g., quieter than usual, appears fearful and withdrawn
Bank statements have sudden, unexplained debits or expensive items are missing from their room
Change in weight
4. Remove your loved one and transfer them to a safer care
If the nursing home refuses to address the abuse or punish the responsible parties, remove the patient and take them to a safe place. It is also the time to take action against the facility.It’s horrible that many nursing homes fail to provide adequate care to residents. Pursuing litigation against them might not only bring justice; it could protect prospective patients from harm, too. If your loved one suffered neglect or abuse at a nursing home, it helps to seek legal guidance. ]]>On Behalf of Martin Law, LLChttps://www.martinlawchicago.com/?p=493812023-04-05T04:48:40Z2023-04-11T04:47:40ZWhen an older adult starts to develop significant issues with their short-term memory, this can create safety problems that may limit their ability to keep living independently. Due to a diagnosis of Alzheimer’s or dementia, many older adults find that they are safer when they move into a memory care facility or a memory care unit within a larger residential facility.
Unfortunately, the well-founded concerns that many loved ones have about abuse and neglect in nursing homes and other long-term care facilities can be amplified if their loved one is a memory care resident.
What are the unique challenges that loved ones should be aware of?
Memory care residents are usually unreliable narrators and are rarely in a position to advocate for their own interests effectively. Therefore, they rely on others to understand when something is going wrong so that they can benefit from intervention and protection. As a result, it often falls to loved ones to spot signs of abuse and neglect because memory care residents can’t speak to their experiences. Generally speaking, the old adage “If you see something, say something” should always remain in the backs of the minds of those whose loved ones are memory care residents. Although abuse and neglect of these older adults can be challenging to identify and prove, they are members of a uniquely vulnerable population and are abused and neglected at astonishing rates.As such, if something seems truly wrong and the explanations that are being provided for a resident’s physical injuries or emotional changes aren’t quite adding up, it can benefit loved ones to speak with an experienced legal professional. They can help get to the bottom of what’s happening and help you understand your options.]]>On Behalf of Martin Law, LLChttps://www.martinlawchicago.com/?p=493712023-03-27T02:56:58Z2023-03-31T02:56:41ZMillions of people each year receive the wrong diagnosis from their doctor or don't get diagnosed when they desperately need an answer about what causes their symptoms. What rights does a patient have when they trust their primary care doctor or a specialist to diagnose them and the doctor fails or makes a mistake?
Patients can sometimes file medical malpractice claims
Typically, the only real means of seeking personal and financial justice available to a patient is a medical malpractice claim. By accusing the doctor of providing substandard medical care, they can potentially connect with payment from a malpractice insurance policy. In some cases, a major mistake will lead to a claim that might even change the way that a physician practices medicine.
Medical malpractice claims may go to court and may draw media attention, but often they settle outside of court and involve non-disclosure agreements. For a patient to effectively protect themselves and pursue justice, they will usually need their medical records and the review of another physician who affirms that the care that they received was inappropriate or that their doctor failed to do what other reasonable physicians would in that situation.
Most people will also need help handling negotiations and filing claims with an insurance company and/or paperwork with the courts. Although the process of pursuing a medical malpractice claim may be lengthy, it is one of the few options for justice and financial recourse available for people who have been harmed by a doctor's diagnostic failures. Working with a legal professional to determine whether a situation warrants a medical malpractice claim can help those who didn't receive a timely and accurate diagnosis and suffered harm as a result.
]]>On Behalf of Martin Law, LLChttps://www.martinlawchicago.com/?p=493742023-03-21T06:21:41Z2023-03-24T06:20:58ZWhile much of the country welcome springtime, northern Illinois residents realize we’re not out of the woods yet regarding wintry weather. All it takes is one big storm barreling in off Lake Michigan to create potentially deadly lake effect weather conditions.
Snow and ice are two of the most hazardous highway conditions that semitruck drivers face. Both can lead to an 18-wheeler jackknifing on the interstate.
Why jackknifing trucks are so dangerous to other drivers
A jackknifing big rig is completely out of the control of its driver. The term refers to the “V” or sometimes “L” shape of the truck’s final position because it appears like an opened pocketknife, When the truck’s cab and its trailer go in opposite directions, occupants of the cars and trucks in the lanes beside the jackknifing semitruck can be seriously hurt or even killed.
The role of weather in jackknifing incidents
Trucks jackknife during all four seasons of the year, although snow and ice enhance the risk. All it takes is a slick road surface to cause the semitruck’s wheels to lose traction and start the skid.Truck drivers can sometimes bring their rigs out of a skid – but only if they have sufficient room. If they have been following too closely on the bumper of the vehicle ahead of them, they neither have the time nor the space to stop safely and prevent a jackknife incident.
Were you injured in an accident with a jackknifed truck?
If so, you may struggle for months or even years with the challenges that come with recovering from serious injuries from a wreck with a semitruck. Some injuries can cause permanent damage that prevents wage earners from ever working again. Learn all you can about your options to pursue civil justice here in Illinois.]]>On Behalf of Martin Law, LLChttps://www.martinlawchicago.com/?p=493682023-03-08T20:44:31Z2023-03-10T20:44:13ZAlthough most car crashes aren't deadly, collisions are still a leading cause of modern death across all demographic groups in the United States. When severe collisions occur, the people affected are often left dependent on insurance.
Unfortunately, those who have lost a loved one may learn that the insurance available is far too low based on the losses their family will suffer. They have few options other than potentially taking the matter to court. Why would those who lose a loved one in a car crash need to pursue a wrongful death lawsuit?
State insurance rules are not strict enough
Some people have relatively sizable insurance policies because they want to protect themselves from financial liability. However, it is quite common for drivers in Illinois to only buy the coverage the state requires. There is a state requirement for at least $20,000 of property damage liability coverage. Drivers also need to carry bodily injury coverage in case they hurt someone else or someone dies. There are two coverage amounts for bodily injury protection. The minimum is $25,000 if one person gets hurt or dies and $50,000 per crash regardless of how many people suffer injuries. $25,000 likely won't be enough to cover medical bills, let alone a lifetime of lost wages. For many grieving Illinois families, wrongful death lawsuits become necessary because of inadequate car insurance. A claim in civil court can lead to a judgment awarding the full economic impact of someone's death to their loved ones. Exploring every option for support after a fatal car crash, including a wrongful death claim, will help those who survive demand justice from the party responsible.]]>