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In the wake of the devastating three part series in this week’s Chicago Tribune exposing Chicago and Illinois nursing homes and their practice of housing sex offenders and convicted felons with regular patients, Patrick Quinn, the Governor of Illinois, has announced the formation of a high level task force to look into these troubling issues.

The goal of the task force is to find safe ways to house those nursing home patients suffering from mental illness. The Tribune report exposed several shocking cases of nursing home abuse and neglect where residents were assaulted and/or raped by mentally ill criminals being housed in area nursing homes.

The Chicago Tribune has developed a website which will allows the public to track convicted felons and sex offenders residing in Chicago and Illinois nursing homes.

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The National Law Journal is reporting that the actor Dennis Quaid and his wife have filed a lawsuit in Cook County, Illinois against Deerfield based Baxter Healthcare Corp. concerning a drug overdose his children suffered at Cedars-Sinai Hospital in Los Angeles, California. The actor and his wife claim that the overdose occured, in part, due to confusing drug-labeling by the manufacturer of the drug Heparin.

Quaid.jpgThe lawsuit was filed in Chicago and dismissed by the trial court on jurisdictional grounds. The drugmaker claimed, and the trial and appellate courts have agreed, that the case would be more appropriately filed in California. The Quaids have petitioned the Illinois Supreme Court to hear the case.

The Quaid children were given 1000 times the recommended dosage of the drug Heparin while being treated at Los Angeles’s Cedars-Sinai Hospital. While there have been no adverse effect from the overdoes as of yet, the Quaids are concerned about the effect of the overdose on the twins health and well-being in the future.

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A lawsuit filed in Cook County Circuit Court in Chicago, Illinois accuses four defendants of creating a fake Facebook profile of a teenage boy which claimed the teenager was gay. The suit contends the defendants created a fake profle with malicious intent to disparage and damage his reputation.

The fake profile has since been removed, but at one point it had close to 600 facebook friends. The plaintiff is concerned that the false information contained in the profile will follow him around through life.

Sadly, the internet has a life of its own. Items posted to Facebook and other social networking sites exist in cyberspace with little or no verification of veracity.

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In Illinois there is a stautue of limitations on medical malpractice claims which generally prohibits filing of a lawsuit two years from the date of malpractice or two years after the malpractice is discoverd. The statute of repose sets an outside tail date for filing such claims after four years have elapsed from the time of the initial malpractice. There are certain exceptions to this general statute of limitiations. At Goldberg & Goldberg, LLC we are proud of our work to help protect the rights of brain injured children. As an example of such work we are proud to say that due to our tireless efforts to fight for and protect brain injured children, including those suffering from cerebral palsy, the Illinois Supreme Court extended the statute of limitations for minors suffering from a brain injury indefinitely.

In Bruso v. Alexian Brothers Hospital, 178 Ill. 2d 445, 453 (1997), the Illinois Supreme Court, in an opinion authored by Justice Michael Bilandic held, that a minor who is under another legal disability, such as a brain injury, shall have the statute of limitations tolled on his claim until said legal disability is lifted. As a result, brain injured persons are protected from the statute of limitations until such a time as their disability no longer exists. This is a significant victory for consumers in Chicago, and throughout Illinois.

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A Los Angeles jury has awarded a California family $7.3 million in a medical malpractice lawsuit concerning a hospital’s failure to diagnose and treat a child suffering from meningitis. The jury unanimously awarded the five year old damages for her injury which has left her brain damaged, The defendant in the case was the neonatal intensive care unit at Cedar-Sinai Medical Center. The case is eerily reminscent of cases that Goldberg & Goldberg, LLC has litigated in the Chicago area, including The Circuit Court of Cook County.

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Meningitis is an inflamation, or infection, of the meninges which is a sheath-like protective covering over the brain and spinal cord. Meningitis is dangerous because of the close proximity of the meninges to the brain and spinal cord and the risk of devastating brain injury and paralysis. Children don’t often present with classic signs of meningitis, like a stiff neck. Meningitis is diagnosed by sampling the cerebrospinal fluid which can yield proof of an infection of the meninges shortly after samples are obtained.

The typical treatment for meningitis is a prompt regiment of antibiotic and antiviral medication. Left untreated, meningitis can lead to deafness, hydrocephalus, epilipsy and cognitive brain damage.

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The New Jersey state Supreme Court overturned that state’s largest medical malpractice verdict ever, a jury award of $70 million. The reason the case was overturned was because the jury was exposed to medical professionals and the defendant hospital during the jury selection process.

In a 6-0 decision, Justice Helen Hoens wrote for the court, “In light of the relentless and unchecked litany of complaints throughout the selection process, the attorneys had no way of knowing which of the potential jurors who had expressed no bias might later find it impossible to put aside what they had heard from those who had been excused,”

The case involved a 4 month old child who was deprived of oxygen to his brain during surgery to remove a tumor at the base of his spine. The little boy now is catastrophically brain injured and has profound neurological impairment. A new trial is expected.

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Chicago is home to over 70,000 licensed attorneys. Finding a lawyer that is right for you can be a daunting task. The internet and the television airwaves are flooded with advertisements for lawyers that promise big settlements and no fees unless you win. The question you need to ask yourself and the lawyer that you interview is are you qualified, by the nature of your prior experience, to handle my case and see it through to the bitter end.

Medical Malpractice is a very expensive and specialized area of practice. Lawyers who handle medical malpractice litigation typically spend hundreds of thousands of dollars and countless man hours prosecuting a succesful claim. The skills necessary to be a succesful practicioner are not learned overnight. At Goldberg & Goldberg, LLC we have been in the medical malpractice business for more then forty years. The least experienced member of our firm has been handling medical cases for fifteen years. We work up and try all of our cases ourselves. We can, and routinely do, take appellate matters before the state supreme court. We have represented litigants in all manner of litigation in more then twenty different states.

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When you interview a lawyer that you have become acquainted with over the internet or through a television advertisement ask him if he handles his cases himself or refers them out to a more experienced lawyer. Ask how many medical malpractice jury trials he has taken to verdict as a first chair lawyer. Ask him or her about past results and ask to see jury verdict reports to document his experience. At Goldberg & Goldberg, LLC we have had hundreds of verdicts and settlements in excess of $1 million. We have the largest personal injury verdict in Illinois history. Our track record speaks for itself. We would be happy to show you examples of some of our results in court.

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Victim’s of medical malpractice at Chicago area hospitals should not expect an apology from those doctors or the hospital that is at fault for their injury. It has long been the custom and practice of Chicago area physicians to never dare to apologize or admit any mistakes, no matter how devastating.

Not so at the University of Michigan. Doctors there say that admitting their mistakes upfront and offering fair financial compensation saves time, money and hurt feelings. According to a 2009 article in the Journal Of Health And Life Sciences law, the effectiveness of taking responsibility of medical mistakes goes beyond common decency. According to the article, malpractice claims against a health system with a policy of offering early apologies and settlements fell from 121 in 2001 to 61 in 2006, while the backlog of open claims went from 262 in 2001 to 106 in 2006 and 83 in 2007. Between 2001 and 2007, the average time to process a claim fell from about 20 months to about eight months, costs per claim were halved and insurance reserves dropped by two-thirds.

There is evidence that this approach is catching on in the Chicago area. Apparently the University of Illinois is considering adopting an apologize and settler early approach to adjusting malpractice claims. This type of forward thinking makes sense from both a financial and humanitarian perspective.

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Steelers quarterback Ben Roethlisberger has been named as a defendant in a civil sexual assault complaint filed in Washoe County District Court in Reno, Nevada, according to the Associated Press. The lawsuit accuses the former superbowl champion of assaulting a woman in July of 2008. Apparently Mr. Roethlisberger is one of nine defendants listed in the complaint.

“Ben has never sexually assaulted anyone … The timing of the lawsuit and the absence of a criminal complaint and a criminal investigation are the most compelling evidence of the absence of any criminal conduct. If an investigation is commenced, Ben will cooperate fully and Ben will be fully exonerated,” David Cornwell, Roethlisberger’s lawyer, said in a statement released early Tuesday.

Roethlisberger played his college ball at Miami (OH) and was the 2004 AP Rookie of the Year. At the age of 23 Roethlisberger became the youngest Superbowl champion quarterback in NFL history, captaining the Steelers to a 21-10 victory over the Seattle Seahawks in Superbowl XL. He won a second superbowl last season, defeating the Arizona Cardinals in Superbowl XLIII.

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A 35 year old Chicago man was killed and 4 others were seriously injured early Sunday morning in a car accident in Chicago’s Little Village neighborhood. The 5 vehicle crash occured at 3:30 am at the intersection of 31st Street and California.

One of the vehicles involved in the crash fled the scene and its occupants are wanted for questioning by the Chicago Police. The crash is currently under investigation by the Major Accident Investigation Unit of the CPD.

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