Posted on December 31, 2013 in Articles

Elder abuse is an ever-increasing problem in nursing homes today. As the number of elderly Americans grows, the 2010 Census recorded 13 percent of the U.S. population to be over the age of 65, so does the possibility of abuse at the hands of a caregiver. The National Center on Elder Abuse found in 2009 that 3.2 million Americans lived in long-term care facilities. In a 2000 study, cited by the NCEA, 45 percent of patients in nursing homes reported having been abused and 95 percent reported being the victim of neglect, or seeing another patient suffer neglect.

Such abuse and neglect is unacceptable and unlawful. The Illinois Nursing Home Care Act provides certain rights to patients in long-term care facilities. Among these rights is the right not to be abused or neglected. The law defines abuse as "any physical or mental injury or sexual assault inflicted on a resident other than by accidental means."

Who is required to report abuse and why is it under reported?

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 Posted on December 26, 2013 in Firm News

No one appreciates just how big tractor-trailers are than those who drive them in Springfield. Drivers are familiar with the area needed to execute turns and maneuver in space. Yet when one is on the road with other vehicles on either side, such space is at a premium. It's takes a skilled hand to safely direct these massive vehicles in a way that poses no threat to the trucks and trailers themselves, the cargo that they are holding, and the other vehicles in the immediate vicinity. Those times when that skill is lacking or space is limited to maneuver can be dangerous to both the drivers of the trucks and of those vehicles traveling nearby.

A driver trying to initiate such a maneuver with a tractor-trailer was recently involved in a serious accident in Pennsylvania. The tractor-trailer driver had allegedly entered his truck into a residential yard while trying to make a U-turn, leaving part of the trailer in the southbound lane of the road. As the trailer was sticking out into the road, a car coming in the southbound lane struck it's back end and became wedged under its wheels. Witnesses reported that the car then caught fire and was extinguished by nearby residents. The driver of the car was airlifted to an area hospital to be treated for his injuries.

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 Posted on December 19, 2013 in Firm News

Most, if not all kids in Springfield look forward with great anticipation to that magical day when they earn their driver's license. Being able to drive represents a degree of freedom that they long for, and it serves notice to the world that they're ready to step into adulthood. Some so look forward to this privilege that they're unable to wait until 16. Yet sadly, a quick spin behind the wheel before one reaches the legal driving age can often result in trouble that can jeopardize his or her chances of enjoying driving or any other activity in the future.

A Chicago girl is learning this lesson the hard way as she recently was charged with reckless homicide in connection with the death of her 12-year-old friend. The girl had taken a car out for a joy ride with the boy and some of her other friends. Sadly, there fun ended when she drove the car into a tree. Details of how the boy was killed weren't released. Four other kids in the car were treated for injuries at local hospitals.

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 Posted on December 12, 2013 in Articles

For patients in Sangamon County, many don't expect that a routine procedure could potentially have life-threatening consequences. According to the Journal of the American Medical Association, medical negligence is third in line after heart disease and cancer as one of the leading causes of death in the U.S.

Why hospitals aren't likely to stop medical malpractice

By definition, medical malpractice occurs when a medical professional provides a patient with substandard treatment, or the results of their care cause harm or even death. Types of medical malpractice are varied. A patient may be the victim of medical negligence if:

• Their doctor or nurse gives them the wrong dosage of a medication or they given the wrong medication altogether.
• A surgeon operates on the wrong part of their body.
• They are misdiagnosed with an incorrect illness.
• Things are left in their body after surgery.

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 Posted on December 05, 2013 in Firm News

Those who drive semi-trailers through Sangamon County are only qualified to do so after having passed numerous tests regarding road safety and awareness. Yet even such extensive training doesn’t make them immune from some of the regular problems that drivers face behind the wheel, such as fatigue and drowsiness. The trouble is that when these drivers experience such problems, their massive trucks are much more unforgiving than a compact sedan, as abrupt movements from overcorrection can send them and their cargos flying. Anyone in the path of such an accident could be in great danger.

Such was the tragic case of an Illinois State Trooper who was killed when a tractor-trailer struck his idling police car on the Tri-State Tollway. The driver was hauling over 9,000 lbs. of fuel en route to Kentucky when it’s believed that he became fatigued. Witnesses saw the truck drifting off the road when it struck the Trooper’s vehicle. Attempts to save him proved futile. While the driver was not found to have any drugs or alcohol in his system, he is still facing charges for violating trucking regulations prohibiting drivers from traveling over 14 hours without sufficient rest.

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 Posted on November 25, 2013 in Firm News

Most cases of nursing home neglect in Springfield tend to center on employees neglecting or behaving inappropriately towards the residents in their care. But what about those times when violence occurs between two residents? Often the people residing at these centers suffer from conditions such as Alzheimer’s and dementia. Even though these people are typically placed in isolated units away from the general resident population, they are still often in close quarters with others dealing with the same struggles that they are. Knowing this, it may not then seem that shocking to hear of residents acting out against each other. Yet when one of these incidents result in an injury to one or both of the parties involved, who’s responsible? Can a nursing home or care center be held liable for the action of those not under its employ?

Apparently so, at least according to the Virginia Department of Social Services. A local assisted living center was found to not have provided a safe environment for a woman who was attacked by a fellow resident, resulting in injuries that required her to be treated at a local hospital. The man who attacked her had been known to be aggressive towards others, and was reported to have even had a previous altercation with this same woman. According to the woman’s daughter, that incident went unreported. Even though the daughter was notified in this case, the investigation report from Social Services claims that the staff had failed to protect other resident’s from the man’s aggressive behavior.

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 Posted on November 19, 2013 in Firm News

Many in Springfield dedicate much of their lives to the companies that they work for. While one might argue that dedication is only due to the financial remuneration that they receive, he or she may be discounting the pride that many have for their employers. Those employees hope that pride and dedication is repaid during those times when they need their employer's support the most. And while most companies are pretty good about honoring their obligations to their employees, there are those rare times when an employee is left without needed assistance from his or her employer. Sadly, that lack of help often affects an employee's dedication, leading to further complications in a working relationship.

A Chicago man no doubt had such feelings of neglect after being denied needed workers compensation benefits after sustaining a workplace injury that left him laid up for almost two weeks. The man fell down the stairs at the Wendy's restaurant that he worked for, injuring his shoulder. Much to his surprise, the company only offered one day of worker's compensation. Community supporters rallied on behalf of him and other employees who felt mistreated by the restaurant's management group, but no word was released as to whether the company planned to compensate him for any more of his lost wages.

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 Posted on November 15, 2013 in Firm News

The long haul truckers driving through Springfield are typically well-trained to handle the vehicles that they operate. Yet that doesn't mean that they are immune to accidents. Because of the challenges that come from the extreme size of the vehicles, even a momentary slip can result in a tragic accident. In the event of such an accident, the large cargos that these tractor trailers typically haul can quickly turn into a downpour of dangerous debris, which could prove catastrophic for the vehicles around them.

A recent roadway accident involving an 18-wheeler coming to Illinois from Tennessee illustrates this point. The massive vehicle overturned near a Tennessee elementary school. The cause of the accident: A massive sneezing fit brought on by a head cold from which the driver was suffering. Much of the 35,000 lbs. of shelving fell from the truck in the accident. Thankfully, no one was injured.

Yet while this accident occurred in a rural area on relatively clear roads, it could just as easily have happened on a crowded Illinois freeway, jeopardizing any vehicles near the truck as it turned over and turning seemingly harmless shelving panels into dangerous flying projectiles. Imagining such a scenario, it's clear to see how dangerous such an accident can be, and all as a result of a momentary loss of control by the driver.

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 Posted on November 13, 2013 in Firm News

We previously covered a story about a Chicago nursing home patient who caught fire at a nursing home only a few days before he was to be released. Tragically, the nursing home failed to provide sufficient care before the rescue crew arrived, and it is believed that had nursing home staff sufficiently aided the man he could have survived. What is truly upsetting about this case is that the nursing home has been cited for failing to properly train staff, meaning the staff on duty likely did not how to properly care for burns.

As our article also mentioned, nursing homes can have numerous safety concerns and they may not be the safe and comfortable care facilities Illinois families expect. This is not to say that all nursing homes are mistreating their patients, but it is an unfortunate reality that some facilities do not treat their patients properly.

While no one in Illinois wants to learn that a loved one has been injured in a nursing home, it is comforting to know that the legal system can be used to hold negligent facilities responsible. By working with an attorney who has experience with nursing home negligence, a family can file a personal injury or wrongful death lawsuit against the nursing home facility and, in some cases, the individual care providers who failed to sufficiently care for the individual.

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 Posted on November 05, 2013 in Firm News

Not all of the vehicles on Springfield's roads are created equal. It's often because of this that some walk away from car accidents involving multiple vehicles without a scratch on them, while others in the same accident never walk again. Each car, truck, and SUV faces unique challenges on the road because of its size and design. Drivers should familiarize themselves with the on-road characteristics of their vehicles. Failure to do so may end in tragedy.

Such may be the case with a recent fatal car accident in Litchfield. Illinois State Police are trying to determine who was at fault after a large cargo van slammed into the back of a smaller car in the interstate. They believe that the car could have slowed or even come to a complete stop before the van struck it from behind, but no word was released as to why the car's driver would have done that. While the driver of the van was unhurt, 3 of the 6 passengers in the car were killed, including two children.

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