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Chicago Personal Injury Attorneys Blog

Allegations of unnecessary procedures at Chicago hospital

  • 13
  • May
    2013

Many people in Chicago were likely quite disturbed to learn about the alleged scandals involving Sacred Heart Hospital on the West Side. Last month, federal agents arrested the longtime owner of the for-profit hospital, in addition to another hospital executive and several physicians. Federal investigators believe that these people and others were involved in various kickback schemes that jeopardized the health of hospital patients and nursing home patients.

Authorities have accused the physicians and hospital of preying on the elderly and poor by ordering unnecessary and dangerous medical procedures in order to reap in profits by billing Medicaid and Medicare. Additionally, investigators believe that a scheme involving ambulance companies was used to unnecessarily admit nursing home patients to the hospital. Authorities say that at least four doctors--including one who was allegedly known as the "king of nursing homes" around the hospital--received kickbacks for referring patients to the hospital.

'Silver' drivers need a vehicle safety rating, says NHTSA

  • 06
  • May
    2013

Many Chicago area families with teenage drivers in the household are familiar with the New Car Assessment Program. The National Highway Traffic Safety Administration runs the five-star safety ratings program to provide vehicle safety performance ratings to consumers. While most Chicago families are very concerned about the safety of vehicles driven by teenagers, NHTSA thinks we should also be concerned about the cars that older family members are driving.

Older drivers and vehicle occupants are generally less able than younger people to withstand the force of a car accident. In fact, federal statistics show that older drivers face the highest rate of death in serious car accidents. As a result of this information, and the fact that America's largest generation is reaching retirement age, NHTSA has proposed a new safety rating that would specifically assess vehicle safety as it pertains to older drivers.

April is National Distracted Driving Awareness Month

  • 30
  • April
    2013

Even though April is National Distracted Driving Awareness and this is the last day of the month, it is never to late to remind the public of the safety issues involved with distracted driving.

In honor of this month, the U.S. Department of Transportation's National Highway Traffic Safety Administration(NHTSA) has released new survey results that show that Americans continue to use electronic devices while driving despite warnings that it causes their own driving to deteriorate and can lead to motor vehicle crashes, injuries and traffic fatalities.

The National Occupant Protection Use Survey (NOPUS) shows that at any given daylight moment across America, 660,000 drivers are using cell phones or manipulating electronic devices while driving. According to NHTSA date, more than 3,300 people were killed in motor vehicle crashes and 387,000 were injured in crashes involving a distracted driver.

So far 39 states, the District of Columbia, Puerto Rico, Guam and the Virgin Islands ban text messaging for all drivers. Also 10 states, the District of Columbia, Puerto Rico, Guam and the Virgin Islands prohibit all drivers from using handheld cell phones while driving.

More than 6000 respondents age 16 and older were interviewed by phone for the National Survey on Distracted Driving Attitudes and Behaviors. Almost half of drivers said they answer an incoming call and one in four drivers are willing to place a call on all, most or some trips. Slightly fewer are willing to make a call while driving compared to 2010 (28% to 24%), but there is little if any change in those who answer a call while driving (52% to 49%). Considering that in 2011 there were almost 212 million licensed drivers in America, about 102 million drivers were answering calls and 50 million drivers were placing calls while driving.

Chicagoland's Injury Lawyers at Grazian and Volpe want you to stay off the phone while driving and stay safe. Read about Distracted Driving in NHTSA's premier of Safety 1N Num3ers, a new online month newsletter.

Wrongful Death of Pedestrian Caused by Texting Driver

  • 25
  • April
    2013

The family of a 15-year-od boy has filed a wrongful death lawsuit against a man who, while texting and driving, struck and killed the boy while the victim and a friend were walking on the shoulder of a street. The man's vehicle left the road and struck the victim who died the next day in the hospital.

The man has a long history of traffic violation and has been charged in criminal offense, automoble homicide involving the use of a hand-held wireless communication device while driving which is a felony.

Utah, where the accident occurred had just passed an amendment to its' texting-while-driving law making it illegal to be doing anything on a hand-held wireless communication device except making or receiving a call, or using GPS navigation. Before the amendment, the driver had to be sending a text at the instant the accident occurred. Merely looking at a text or screen of a cell phone was not illegal.

Grazian and Volpe applauds the broadening of Utah's texting -while- driving laws. As we have pointed out in numerous article texting-while-driving causes more accidents that driving and drinking. We cannot be too tough on this practice.

It is always better to stay safe and avoid accidents-but if you can't stay safe-stay with Grazian and Volpe- Chicagoland's Injury Lawyers for over 30 years.

Bicycle and Large Truck Accidents and Deaths Rise Suddenly and Sharply

  • 23
  • April
    2013

Deaths of bicyclists and occupants of large trucks rose sharply last year even as total traffic fatalities dropped to their lowest level since 1949 according to federal safety officials. Bicyclists deaths jumped 8.7 percent and deaths of occupants of large trucks increased 20 percent while overall traffic fatalities dropped 1.9 percent.

The increase in bicycle deaths may reflect more people riding bicycles to work and for pleasure according to Jonathan Adkins, deputy executive director of the Governors Highway Safety Association which represents state highway safety agencies.

For example, in Washington D.C. there has been at 175 percent increase in bicyclists during morning and evening rush hours since 2004.

The increase in large truck accidents in death may be more difficult to ascertain. The NHTSA is working with the Federal Motor Carrier Administration to gather more information to better understand the reason for the increase. Industry officials suspect there may be a connection between states increasing their speed limits and the increase in deaths. Texas has increased the speed limit to 85 mph on Highway 130 between Austin and San Antonio with a correlating increase in accidents.

Grazian and Volpe cannot stress enough the need for bicyclists to obey safety laws. where protective gear and use equipment and clothing that is lighted and/or visible in all weather conditions.

Remember-it is always better to stay safe and avoid accidents but if you can't stay safe stay with Grazian and Volpe-Chicagoland's Injury Lawyers for over 30 years.

$109 Million Wrongful Death Verdict Against Power Company

  • 18
  • April
    2013

The largest personal injury award in the county's history was awarded in a wrongful death lawsuit to the husband and family of a woman who was killed by a falling power line in her backyard. The woman burned for more than 20 minutes while in mother-in-law and two young daughters watched helplessly until utility crews arrived to turn off the electricity. The victim's mother-in-law attempted to help but was burned in the process and unable to render aid. The victim had several fingers severed from her left hand and her left arm was amputated by doctors in an attmept to save her but she died three days later in a local hospital.

Evidence was presented showing that the power company failed to properly train workers for years before the accident and after the victim's husband told the company that he was concerned for his family's safety because the spliced power line in their backyard had failed twice before.

It was shown that the power company did not properly train its workers to use a wire brush to clean the power lines before they were spliced. This failure caused the splices to rust which leads to overheating and failure of the lines. The victim had gone outside to call the power company because she saw a tree burning to the overheated wire, cutting power to the house.

This was the most tragic of premises liability injuries and the jurors were justly incensed by the wanton nature of the power company's response to this safety issue and deliberated less than two hours.

As summertime approaches and more adults and children venture outdoors, Grazian and Volpe advises that all be aware of the presence of power lines and their conditions. Fallen and impaired power lines should be avoided and reported and children taught safety awareness in the presence of these lines-especially where lakes or pools are present.

It is always better to avoid accidents and stay safe but if you can't stay safe-stay with Grazian & Volpe, Chicagoland's Injury Lawyers for over 30 years.

Wrongful Death Suit Settled Against Senior Housing

  • 16
  • April
    2013

A wrongful death lawsuit was settled on behalf of the children of two elderly parents filed against a senior housing unit in St. Joseph, Missouri.

89-year-old Ellis Marion Stephens and his 86-year-old wife, Iris were killed in a fire at the Danford Hall Apartments.

The decedent's children filed a wrongful death suit alleging negligence which caused their parent's deaths.  The fire had started when a man using oxygen in another apartment who was using oxygen fell asleep while smoking.

The negligence alleged involved improper and insufficient fire warning systems and failure to supervise.

Grazian and Volpe if pro-active in counseling their clients as well as the general public of the potential dangers to residents of senior housing and nursing facilities. Relatives and friends of senior residents need to be vigilent in policing the care and staffing of these facilities and to educate themselves as to care and treatment plan proscribed for their loved ones.

It is always best to stay safe and avoid injury, but if you can't stay safe-stay with Grazian & Volpe, Chicagoland's Injury Lawyers for over 30 years.

Injured at Work- Don't be Bullied-You Can Still Choose Your Own Doctor!

  • 12
  • April
    2013

If you are injured at work, do not be bullied by your employer into choosing the company doctor. Doctors are hired by companies to put you back to work and the horror stories abound where employees are sent back to work before they are fully healed.

Don't be bullied. 

When you are injured in the workplace your employer may compel you to see the company doctor or industrial clinic. However, you may and should see the doctor of your choice. The doctor chosen by your employer was chosen because he or she renders treatment and diagnosis that are most favorable to your employer. This means they may advise less beneficial, cheaper treatments and are focused on getting you back to your employer's workplace as soon as possible. In addition and most disturbing is that the doctor recommended by your employer is not liable for any malpractice that they commit during the course of treating you! Your employer can compel you to see the company doctor or industrial clinic of their choice. However, if you are not satisfied with that treatment, you can and should insist on seeing the doctor of your choice.

Your employer won't tell you that you can choose your own doctor and will encourage you to remain with the company doctor or preferred industrial clinic. Remember, you have the choice! Choose the doctor that will work for your best interest and not your employers. Many employees worry that insisting on their rights may result in losing their job however this is retaliatory discharged and not permitted under the law. If your employer fires you because you insist upon your rights, they will face additional liability and you will be entitled to additional compensation (see blog, Grazian and Volpe, July 27, 2011 Workers' Compensation and Machine Guarding).

We have been writing about the effect of the new changes to worker's compensation on our Chicago Injury Attorney and South Chicago Accident Lawyer blogs since the Illinois Legislature finalized the rules. It is not more important then ever that an injured worker confer with their worker's compensation attorney, most beneficially with a law firm that combines the expertise of workers' compensation and personal injury(See Grazian and Volpe Blog dated 8/3/2011 Workers' Compensation May Not Be All). 

Grazian and Volpe has been Chicagoland's Injury Lawyers for over 30 years and we are dedicated to advocating on the behalf of all  injured plaintiffs whether the accident occurred in or outside the workplace. Remember to call Grazian and Volpe as soon as you are able. When injured in the workplace look for a firm that combines expertise in workers compensation and personal injury

Why Young Children Run in Front of Cars

  • 26
  • March
    2013

As warmer weather approaches, parents brace for the advent of outdoor play and the dangers associated with young children running in parks and neighborhoods located in areas surrounded by local streets. The increase in the number of car and pedestrian accidents involving children is an unwelcome and tragic feature of summers in Chicago.

The lawyers at Grazian and Volpe dread the inevitable and tragic calls we receive from parents when their child has darted out from between two cars or neglected to heed a street sign when engaged in a game or chasing a friend.

More than 13,000 children, ages 5 to 9 are struck and injured by cars while crossing the street in the U.S. every year according to the National Center for Injury Prevention and Control. A recent study sought to determine why children are so vulnerable. Researchers at the University of Idaho compared traffic-detection skills in 35 adults ages 19 to 50 and 50 children ages 6 to 9.  Participants listened on headphones to 24 recordings of a car approaching at 5, 12 and 25 miles per hour, from both directions, and pressed a computer key when they detected the vehicle, identified its direction and thought it had arrived at their location. 

The results were stunning. Adults detected the car significantly earlier than children, though 8 and 9 years old heard the car before 6 and 7 years. Adults detected the vehicle traveling at 5 miles per hour at a distance of about 48 feet compared with 3 feet for younger children and 41 feet for older children.

The accident lawyers at Grazian and Volpe hope this new study is informative in helping to prevent car accidents involving children. Adult drivers should be aware that children simply lack the perceptual skills to interpret important pedestrian safey cues and never assume that a child is aware of a presence of a moving car.

It is always better to stay safe and prevent accidents but if you can't stay safe, stay with Grazian and Volpe, Chicagoland's Injury Lawyers for over 30 years.

Nursing home may close after widespread patient neglect

  • 22
  • March
    2013

Some of the most disturbing personal injury cases are those that involve nursing home neglect or abuse. Deciding to put a loved one into a long-term care facility is not an easy step, and it is important that families can trust the health care professionals at these facilities to treat their loved ones competently and with care. When this trust is breached and a nursing home resident is hurt, it can be very difficult for families to come to terms with this reality.

Some Chicago residents may have heard the unsettling story about a nursing home in the south that is now going to be shut down after numerous allegations of patient neglect and abuse.

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Grazian Volpe, P.C. | 5722 West 63rd Street | Chicago, IL 60638 | Phone: 773-309-4488 | Toll Free: 888-841-1210 | Fax: 773-838-8135 | Chicago Law Office