Chicago, IL Personal Injury Blog

In busy hospitals human mistakes can result in serious consequences. One common mistake is a medication error where either a nurse or pharmacist incorrectly prescribes or fills a prescription. This can happen easily with medication that have similar sounding names such as Celebrex and Cerebyx, or in a noisy fast paced environment a medication may be entered in the wrong patients chart.

Dr. Donald Berwick, steward of the Medicare and Medicaid programs, has been fighting to improve efficiency and reduce errors at hospitals across the country and in Illinois. Berwick has looked outside of the medical field to find innovative ways to reduce errors. One simple change that has been effective is a quiet zone where nurses are able to place medication orders without interruption.

In recent months, distracted driving - driving while using a cell phone, GPS device or other electronic device - has received a great deal of attention as a leading cause of serious motor vehicle accidents. And while leading studies indicate that distracted driving is, in fact, dangerous, a new study from the U.S. Transportation Department indicates that drinking and driving is still a more serious threat.

According to statistics compiled by the National Highway Traffic Safety Administration (NHTSA), distracted driving accounted for approximately nine percent of all highway fatalities in the U.S. in 2010. In the same time period, 31 percent of traffic fatalities were linked to alcohol.

The Law Offices of Mathys & Schneid is proud to report that justice was served yesterday in this medical malpractice case. In Louisville, Kentucky, a jury found in favor of Micheatria Donelson, represented at trial by Mark Mathys and local counsel Wade Yeoman and Larry Jones. The jury found that Ms. Donelson's doctors were responsible when one of her doctors improperly placed a cerclage that led to the early delivery. Then during the delivery, Dr. Billota decapitated her baby. The jury awarded nearly $1.4 million to Ms. Donelson, who now suffers post traumatic stress disorder as a result of this horrific event. Prior to delivery of the child, the evidence showed that the baby's legs were kicking but stopped before the doctor arrived. Unfortunately, the baby was only 21 weeks old was not viable and not entitled to any independent recovery for wrongful death under Kentucky law.   

"This is a clear victory for Micheatria," attorney Mark Mathys said. "This is a significant amount of money that will help her for the rest of her life."

Those who live or work in Chicago know that the constant movement of people and traffic can be both exhilarating and frustrating. It can also be very dangerous for pedestrians, who are hit and killed by vehicles at breathtakingly high numbers in our city.

The Dangers Facing Chicago Pedestrians

Approximately 3,000 accidents between vehicles and pedestrians occur each year in Chicago.

The vast majority of Chicago pedestrian accidents occurred at intersections, according to a recent National Highway Transportation Safety Administration study commissioned by the Chicago Department of Transportation. The accidents usually happened to people who were crossing with the light; this may be contrary to instinct for some, who would assume that pedestrians would be safest at these times.

Although the chief danger arises from cars that are turning at intersections, pedestrian accidents can happen anywhere in Chicago. Hit-and-run accidents are common, with two per day that cause injuries or death. Rates of accidents involving taxis are very high in the central business district.

Patients will soon be able go online to look up information on Illinois doctors, including judgments and settlements in medical malpractice lawsuits, because Gov. Pat Quinn signed the "Patient Right to Know Act" on Tuesday, August 9, 2011. The law reinstates a "popular web-based tool," which was available in Illinois for roughly two years. But after the Illinois Supreme Court struck down a medical malpractice reform law in its entirety, the state was forced to halt the feature, which included a physician-profile tool. The searchable database, which is expected to be up and running in roughly two months will include information on more than 46,000 doctors.

The Chicago Tribune (8/10, Twohey) reports that the legislation "passed this year as a stand-alone bill after a Tribune series found that state regulators allowed dangerous doctors, even those convicted of sex crimes, to continue practicing," and that "patients were often unaware of the physicians' criminal convictions, malpractice or terminations." As a result of the new law, "the Illinois Department of Financial and Professional Regulation will be required to post the doctor profiles on its website, idfpr.com," in the next two months. "The profiles also will include medical schools attended, specialty board certification, number of years in practice and locations, and whether the physician participates in the Medicaid program, among other details."

Information about physicians, whether it is good or bad news, is useful and necessary for all patients when selecting their physician.

The family of a woman killed in a head-on collision can sue Mazda, the manufacturer of the van she was riding in, after the Supreme Court held that some state tort suits are not preempted by federal auto safety standards. Many have hailed the Court's decision in Williamson v. Mazda Motor of America, Inc. as a victory for consumers' right to bring automobile defect suits, which often play a meaningful role in improving product safety.

The Facts of Williamson

In 2002, Thanh Williamson was traveling with her family in their 1993 Mazda van when another driver struck them head-on. Delbert and Alexa Williamson, both of whom were wearing lap-and-shoulder belts, survived. Unfortunately, Thanh, who was sitting in a rear aisle seat, was only wearing a lap belt and she died in the accident.

The Williamson family sued Mazda in California, claiming that Mazda should have installed lap-and-shoulder belts in the van's rear aisle seats. The California court dismissed the suit, finding that federal regulations allowed the installation of either lap-and-shoulder or lap-only seat belts. Mazda was, therefore, allowed to choose which belts to install in its vans and this choice preempted the Williamsons' lawsuit. The decision was upheld by the California Court of Appeal.

Illinois law states that drivers must have auto insurance. Auto insurance is divided into several different areas, however, and it is useful for drivers to understand their coverage.

Although Illinois law sets out minimum levels of insurance coverage that drivers must secure before they can register their vehicles, it is wise to buy more coverage if it is affordable. The damage that an auto accident can cause, in terms of both people's health and property, can be significant.

Regina Cabrales has filed a suit in the Cook County Circuit Court against Araceli Beas, claiming she had been driving while updating her Facebook page when she fatally struck Cabrales' father in South Chicago. Beas' mother denied the allegations regarding her daughter in court February 15, claiming Beas posted the message when she was two miles away from the scene of the crash.

On December 27th 2010 Cabrales' father, 70 year old Raymond Veloz had gotten out of his vehicle to exchange insurance information with another driver after they had had a minor accident. According to the police report, 21 year old Beas was temporarily blinded by the sun when she struck Veloz with her vehicle.

Veloz was pronounced dead later at the hospital. Beas received a ticket for failing to avoid striking a pedestrian. Cabrales' lawyer commented that he needed to analyze the timing mechanisms in both cell phones to prove his client's allegations.