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.
]]> The allegations in this case are quite shocking. Federal authorities had reportedly been investigating the hospital for three years when concerns about unnecessary tracheotomies prompted them to execute search warrants on the hospital and make the arrests.Tracheotomies are very dangerous procedures and one surgeon at this hospital had a tracheotomy mortality rate of three times the Illinois average.
One woman told the Chicago Sun-Times that her 48-year-old brother was sent to Sacred Heart from a nursing home in Englewood in November 2012. She believes that he then died as a result of an unnecessary tracheotomy at the hospital.
The woman is now considering suing the hospital. As this criminal case continues to unfold, many people may learn that they or their family members may have been victims of these schemes. Victims and the surviving loved ones of victims may also choose to pursue civil lawsuits. This is an option when negligence leads to injuries or death in a nursing home or hospital, and this allows victims to recover compensation for related financial costs as well as pain and suffering.
Source: Chicago Tribune News, "6 arrested in alleged kickback scheme at Sacred Heart Hospital," Jason Meisner, April 16, 2013
Source: Chicago Sun-Times, "Sister of dead Sacred Heart Hospital patient: 'I think they killed him,'" Kim Janssen and Monifa Thomas, April 17, 2013
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.
]]> NHTSA is currently calling it the "silver rating" and it would be designed to help older drivers select cars that they may be safer in. Inflatable seatbelts as well as technology that helps avoid pedal misapplications--such as accidentally hitting the gas instead of the brake while parking--are two safety features that the agency believes are particularly beneficial for older drivers.According to the AARP, by 2025 one-fifth of U.S. drivers will be at least 65, and of course it is important that cars are designed to keep occupants as safe as possible. However, AAA has suggested that NHTSA may be missing the mark, because most Americans do not want to be reminded that they are getting older--even if it is by a program meant to benefit them.
In addition to the silver rating, NHTSA is considering a family rating that would assess how well vehicles protect backseat passengers. Both of the new ratings would take several years to be implemented.
It is important that drivers and passengers, of any age, are as safe as possible on the roads here in Illinois. In the event that accidents and injuries do occur, victims may benefit from seeking legal counsel to learn about their rights.
Source: Washington Post, "NHTSA Proposes Older Driver, Family Vehicle Safety Ratings," Suzanne Kane, April 9, 2013
● Our personal injury law firm helps car accident victims in Chicago and the surrounding areas seek compensation for their injuries.
]]>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.
]]>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.
]]>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.
]]>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.
]]>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.
]]>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.
]]>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.
]]>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.
]]> Late last month, Tennessee state officials banned any new admissions to the nursing home and began preparing to transfer residents to other nursing homes as it moves to de-certify the facility. These extreme moves come on the heels of the state health department's release of a telling 143-page inspection report of the home.Several instances of neglect at this nursing home involved medication errors. In multiple instances, for reasons that are unclear, nurses delayed administering medications; medications that physicians ordered were not available; and doctors' medication orders were incorrectly transcribed.
In one transcription error case, a patient was prescribed three units of insulin and she was then administered 28. In another case, a patient was supposed to receive a one-time dose of a certain medication but it was administered daily for 23 days.
In other cases of neglect at this nursing home that were mentioned in a news report, residents went without showers for weeks and some went without food at mealtimes due to staffing shortages.
These are just a few reported instances of the neglect and abuse at this facility. The state finally investigated the home after several residents' families began complaining.
It is important that the state became aware of these conditions and is now intervening to prevent further abuse and neglect. Those who are aware of nursing neglect or abuse, however, do not need to wait for their state to act. Those who think that their loved ones may be receiving poor care might be wise to contact a nursing home neglect and abuse attorney. It is sometimes possible to hold nursing homes accountable with a lawsuit, which can also result in compensation for any injuries and pain and suffering.
Source: The Tennessean, "Madison nursing home gave patients wrong doses time and time again," Feb. 26, 2013
]]>Researchers from the department of sport science at the University of Innsbruck set out to determine whether wearing a helmet while skiing increased people's willingness to take risks, in which helmets could actually decrease safety on the slopes.
They found no correlation between wearing a helmet and increased risk taking behavior. In fact, the more experienced the skier, the more likely they were to wear a helmet. In addition they found that helmets reduce the risk of serious head injury by as much as 60 percent but a surprising number of safety experts and snowsports enthusiasts remain convinced that helmets reduce overall risk.
A survey of ski patrollers from across the country found that 77 percent did not wear helmets because they worried that it would reduce peripheral vision, hearing and response times.
However, researchers brought snowboarders and skiers into the lab in 2011 to test this theory. What they found was that peripheral vision and reaction times were virtually unchanged when they wore a helmet, compared with wearing a hat. Goggles slightly reduced peripheral vision and increased response times but helmets had no significant efffect.
Dr. Adil H. Haider, a trauma surgeon and associate professor of surgery at Johns Hopkins University in Baltimore states that the take-away form the growing body of science is unequivocal, "Helmets are safe. They don't increase risk taking. And they protect against serious, even fatal head injuries. The Eastern Association for the Surgery of Trauma has issued a recommendation that "all recreational skiers and snowboarders should wear safety helmets," making them the first medical group to on record advocation universal helmet use.
The lawyers at Grazian and Volpe have represented hundreds of clients who have sustained serious injury due to a head trauma. We advise all our clients to wear protective head gear whenever engaged in an activity that presents the potential of a fall or collision. We now add skiers and snowboarders to that list.
Remember, it is always better to remain safe and avoid injury, but if you can't stay safe, stay with Grazian and Volpe, Chicagoland's Leading Trauma Injury Lawyers for over 30 years.
]]>The Commission found that nearly half of those who died in bedrail accidents had medical problems, such as dementia, heart disease and Parkinson's disease and occurred when the person became stuck in the bedrails, mainly by his or her neck.
Consumer safety advocates have long campaigned for federal regulators to study bedrail deaths and injuries. Advocates state that oversight remained on of the biggest issues because there are unanswered technical questions about which rails are medical devices and which are consumer products.
Unfortunately, hospital records or doctor's notes do not indicate the manufacturer of the offending bedrail making it difficult to track a defect in a design or its implementation.
The Consumer Product Safety Commission will use this report to effect better coordination between federal regulators, namely consumer and drug agences as well as the Federal Trade Commission. The hope is that Congress will enact a task force to address the regulation of bedrails and bed systems, specifically rails that blur the line between being medical devices and comsumer products.
Grazian and Volpe has represented hundreds of victims of hospital and nursing home abuse and negligent. We advise loved ones to be ever vigil in noting and adressing lapses in care and the condition of the patient. Bedrail safety appears to be another area that the bedridden and their loved ones need to be cognizant.
Remember it is always better to stay safe and avoid injury, but if injury finds you, call Grazian and Volpe, Chicagoland's Injury Lawyers for over 30 years.
]]>To be sure, the general rule in the law is that a party is not responsible for the acts of a third party. But the legal principle of negligent security creates an important exception to this rule. Even though the actual injury was inflicted by a third party - someone who committed a crime - the principle of negligent security allows the injured person to hold the property owner or proprietor accountable.
]]> A recent Chicago case provides an example of how this works. Earlier this month, after a basketball game between high school teams in Chicago, a fight broke out. The altercation moved into the parking lot, where a 17-year-old boy was shot dead.The game was held at Chicago State University, so neither of the two teams involved was the home team. Chicago State had provided security to perform searches at the doors as fans entered the basketball arena. A video tape of the game apparently showed nothing especially amiss in terms of physical play on the court or unruly behavior by fans in the stands.
It is not difficult, however, to envision a situation where security was inadequate. What if the teams involved had a history of animosity and rough play - and fans or players were known to threaten their counterparts on the other team? If that were the case, a negligent security claim might well be in order if an attack occurred after the game.
Source: "HILLARY SMITH: Can safety remain pure in pure athletics," NWI.com, 1-20-13
]]>In response, the N.F.L has altered rules and fined and suspended players who hit opponents in the head. The N.F.L. has also contibuted millions of dollars fort he study of head and traumatic brain injuries.
The league recently announced that independent neurological consultants will be on the sidelines at every game to help detect head injuries and concussions.
In addition, the new initiative with General Electrice represents the N.F.L.'s most aggressive collaboration in pursuit of resolutions to some vexing player safety issues: determining if some players are predisposed to head and brain trauma; diagnosing and gauging the extent of brain injury and detecting the chronic effects of concussion; as well as improving equipment to insulate the brain during play.
These efforts will benefit the public at larger by determining those most vulnerable to brain trauma and diagnosing the trauma and long term effects. These tools will help doctors recognize brain trauma earlier and provide treatment that may prevent long term cognitive impairment. The improvement in helmets will aid bikers, skiers, construction workers and all persons engaged in activities that may threaten a head injury.
The lawyers at Grazian and Volpe caution all their clients to wear protective head gear whereever appropriate. We know that prevention of injury is always the best course, but it you can't prevent an injury and accident, call Grazian and Volpe, Chicagoland's Leading Injury Lawyers for over 30 years.
]]>Tenants may have a claim for personal injuries against the property owner, the manager or the security company in the event that they are attacked and assaulted in their apartment building or where they work.
As a tenant of or worker in a building it is important that you notify the property owner, manager or security company of any issues related to the safety of the building such as faulty door locks, lighting or security systems. If you are assaulted or attacked and it is established that these parties were aware of the security issues, liability will be a slam dunk and you can be assured of compensation for your personal injuries.
The Chicago and South Chicago Premises Liability Lawyers at Grazian and Volpe have obtained just compensation awards for their clients on numerous premises liability claims and are staunch advocates for tenants and their right to be protected in their own residence or workplace. In fact, Grazian and Volpe has even been successful in obtaining compensation for tenants who are bitten by their apartment neighbor's dog!
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