Chicago Personal Injury Law Blog: September 2008

Fewer seats on CTA el trains

The CTA recently debuted its new el train cars with reduced seating in order to allow more standees on the el trains. The hope is that by taking out the number of seats, more passengers will be able to board each el car, even though they will have to stand.

Having experienced long waits myself to board at el stations closer to downtown during the morning rush and having had a hard time finding a train to get on during evening rush hours, I certainly understand the motive behind the CTA's decision. Long waits and watching full cars pull into your station is the kind of experience which can motivate a rider to decide to abandon the CTA for the convenience, but greater expense, of driving a car into downtown.

There is a safety concern that comes with this change. When there are more people standing and fewer solid handholds, passengers are more likely to fall during an abrupt stop, especially one that does not occur as the train is pulling into the station.

As a common carrier, the CTA has a legal obligation to exercise the highest degree of care for the safety of its passengers. This would extend to not making abrupt stops, especially when the train car is one that has reduced standing. Since the CTA has control over the tracks where the trains run, there should not be any excuse for an abrupt stop.

While the reduced car seating will generally be a boon to ridership, the choice made by the CTA will likely result in some additional injury claims against the CTA at some point down the road.

Labels: Accidents on CTA, el train accidents

posted by Barry Doyle at 5:13 AM 0 comments

Palos Heights nursing home fined by IDPH for resident falls

A Palos Heights nursing home was fined by the Illinois Department of Public Health after several residents suffered injuries as a result of falls in the nursing home. The facility received a $20,000 fine.

One resident suffered multiple falls between October, 2007 and February, 2008. In the last fall that she suffered before the state inspection, she suffered a fractured ankle. During the state inspection, the resident's daughter came into the hall and asked the nurse who was accompanying the state inspector for help with her mother. When the inspector asked if she was satisfied with the care her mother was receiving, the daughter stated that she was concerned with the number of falls that her mother had. This prompted the state inspector to review the mother's chart.

The chart showed that the mother had several falls, but some were not properly investigated to determine the cause of the fall. Before her last fall, the mother's care plan was changed to include the use of a bed alarm. A bed alarm is a device which alerts the nursing staff that a resident at high risk for falling has gotten out of bed. At the time of the inspection, the bed alarm was not in use.

Nurse speak of the care plan as the road map for care of the patient. Putting together a care plan is a multi-disciplinary effort, and is a key step for assuring the well-being of the resident. Fall prevention in nursing homes is almost always an element of the care plan for a patient who is a fall risk. However, changes in the care plan must be communicated to the nurses on the floor and then implemented. Failing to follow the care plan is a form of nursing home neglect, and can be the basis of a personal injury lawsuit.

Labels: falls in nursing homes, Nursing home abuse and neglect

posted by Barry Doyle at 9:41 AM 0 comments

Waukegan woman severely injured in pit bull attack

After a pit bull attack in Waukegan authorities euthanized the two dogs after they attacked a woman who was walking down the street. The dogs, which had been chained to the front porch, broke loose from their collars and knocked the woman to the ground, biting her repeatedly.

The woman suffered serious bites to her head and face. The woman had to undergo emergency surgery to reattach her ear,and is looking at additional plastic surgery to repair damage from the dog bites.

The owner faces civil liability for the dog bites that this woman suffered in the attack. Illinois law provides for civil liability caused as a result of unprovoked attacks by animals on persons who are acting peaceably in a place where they have a legal right to be. A separate Illinois law places civil liability on animal owners for injuries caused by their animals that are running at large due to the negligence of the owners in restraining the animals on the property.

Labels: dog bite attacks

posted by Barry Doyle at 7:52 AM 0 comments

Verdict against Colorado nursing home for death resulting from short-staffing

A Colorado family won a $375,000 jury verdict against a nursing home for the death of their mother. The mother had been admitted to a nursing home for rehabilitation following back surgery. On the last day of the mother's admission, the nursing home staff failed to respond to the call light to help the mother go to the bathroom. The mother tried to reach the bathroom on her own, but fell and suffered a fractured ankle. Complications from the fracture resulted in the wrongful death of the mother.

The evidence at the trial showed that there were not enough people on hand at the nursing home to meet the resident's needs. Illinois has a formula that sets forth a minimum number of staff that must be on hand to take care of the residents, but federal regulations require nursing homes to have enough people on hand to meet the needs of the residents on a 24/7 basis. Failing to have enough people, or short-staffing the nursing home, is a form of nursing home neglect and abuse.

Illinois nursing homes almost always meet the mathematical standard contained in state regulations, but often fail to meet the more stringent standard. When there are not enough people to meet the care needs of the residents, the inevitable result is poor care for the residents, often manifesting itself in pressure sores or malnutrition. Also, when faced with the choice of soiling themselves or waiting for help, nursing home residents will at times try to make to the washroom on their own, increasing the chances of injuries from falls.

The other take-away from this news story is the fact that fractures have a serious adverse effect on the mortality and morbidity of senior citizens, meaning that fractures are a much more serious event for a senior citizen that someone who is younger. Hip fractures in particular are well-recognized as placing senior citizens at risk of suffering death from complications of hip fracture.

Labels: falls in nursing homes, Nursing home abuse and neglect, wrongful death

posted by Barry Doyle at 5:45 AM 0 comments

Passenger ejected in Urbana accident

A Pekin man who was a passenger involved in a three-vehicle accident on Interstate 74 in Urbana was ejected from the vehicle and killed when the vehicle in which he was riding rolled over. The accident happened when another driver slowed to make a U-turn in a restricted lane in the median. The vehicle in which the deceased man was behind that car and was forced to jam on its brakes to avoid hitting the other car. However a vehicle behind them which was pulling a trailer could not stop, resulting in a rear-end accident. They were pushed off the road and rolled over. The Pekin resident was ejected from the vehicle while it rolled over and was killed. The other three men in the car were not ejected and suffered only minor injuries.

Having a vehicle roll over following a collision is a foreseeable occurrence. The law requires that vehicles be designed to keep occupants safe from additional injury during this kind of event. In other words the passenger restraint system must keep occupants from being ejected from the car during a roll-over following a crash. Assuming that the restraint system (i.e. seat belts) was in use and there was a flaw in the design or manufacture, there may be a basis for a product liability wrongful death lawsuit against the manufacturer of the vehicle.

Anyone who is contemplating a product liability case of any kind, but especially one against a car manufacturer, should do two things. One is hire an experienced personal injury lawyer. The other is to preserve the remains of the vehicle. Destroying or repairing the remains of the vehicle may result in the dismissal of the products liability case.

Labels: Car crashes, dangerous products, wrongful death

posted by Barry Doyle at 11:00 AM 0 comments

Head-on collision in Galesburg

Last week, there was a head-on collision outside of Galesburg that left one driver dead and the other driver seriously injured. The driver who was killed in the accident apparently crossed over the center line and hit the other car head-on. The other driver had to be cut of his vehicle and life-flighted to Peoria.

Since the deceased driver was the one who crossed the center line, this would seem to be the kind of case where the insurance company would simply pay what was due to the driver who had to be cut out of his car.

Unfortunately, that is sometimes not the case. Illinois has a statute called the Dead Man's Act which bars someone with interests adverse to a dead person's estate from testifying as to events that took place in the presence of the dead person. This means that the driver who was cut out of his car will not be able to testify as to what happened, and due to Illinois' restrictive laws regarding the use of accident reconstruction testimony, that may not be available either.

In short, restrictive laws governing the admission of evidence in this kind of case may make a very simple case very difficult indeed. Cases like this often require the help of an experienced Illinois personal injury lawyer to reach a just resolution.

Labels: Car crashes, legal information

posted by Barry Doyle at 9:30 AM 0 comments

Los Angeles train wreck

Last week, a train crash in Los Angeles killed at least 25 and injured dozens more. The train crash happened when a full commuter train disregarded a railroad signal and crashed head-on with a freight train.

The engineer of the commuter train was killed in the crash, so it will never be known exactly why he disregarded the signal. However, there were reports that he was engaged in text-messaging shortly before the train crash happened. If those reports prove to be true, the being distracted by text messaging while driving the train could be the root cause of the train crash.

Passenger train operators like the one involved here are considered to be common carriers. This means that they have a legal obligation to exercise the highest degree of care to assure the safety of the train passengers. This is also true of local rail lines such as the CTA or Metra.

Because the railroad owes the highest degree of care to assure the safety of its passengers, it will not matter from a liability perspective why the crash occurred. This engineer disregarded the signal, and this makes the railroad responsible for the many wrongful death claims and serious injuries that resulted from this train crash.

Labels: train accidents, wrongful death

posted by Barry Doyle at 9:02 AM 0 comments

Georgia nursing home shut down by regulators

An Augusta, Georgia nursing home was shut down last week by state regulators. The basis for the closing of the nursing home was the failure of the nursing home management to correct deficiencies found in a recent survey, or inspection.

The deficiencies related to the failure of the nursing home staff to follow physician orders and the resident care plans. These failures resulted in some residents developing pressure ulcers, or bed sores. When the state regulators found that the deficiencies had not been remedied, they decided to close the home.

When the state inspects a nursing home, if they find a deficiency, the inspector issues a citation. The nursing home administration is required to submit and implement a plan of correction to correct the problem and prevent its recurrence.

After the plan of correction is submitted, the state returns to inspect the home to make sure that the problems have been remedied. If the problem has not been corrected, the state will take more aggressive action, which can include closing the nursing home.

Nursing home inspections are an important tool to ensure that the nursing homes are providing care in accordance with state and federal regulations and to ensure that nursing home residents receive proper care. Failing to follow regulations can be the basis for a nursing home abuse and neglect lawsuit.

You can search for information concerning a nursing home's citation history at the Illinois Department of Public Health's web site.

Labels: bed sores, Nursing home abuse and neglect

posted by Barry Doyle at 8:49 AM 0 comments

Arizona highway tragedy

A Friday accident involving a school van, a passenger car, and a tractor trailer claimed the lives of two and injured at least 15 others.

The school van was transporting a cheerleading squad to a high school football game when a dog ran out into the the road on the interstate. The driver of the van swerved to avoid the dog, but in doing so, rolled the van over. This resulted in serious injuries to 12 of the passengers in the van.

A passenger car following behind the van swerved to avoid the wreck, but was hit from behind by a tractor trailer. Two occupants the passenger vehicle were killed and one was injured. The two people in the tractor trailer were injured.

The law that applies in this situation is a little strange. First, primary responsibility will fall on the dog owner fro allowing the dog to roam unsupervised. After that, the law actually requires that a driver hit the animal in the road before placing other drivers at risk, even though the most natural instinct is to take evasive action. This makes the school district responsible for all of the wrongful deaths and serious injuries that resulted form this pile-up.

Finally, the tractor trailer driver and his employer will be held responsible, at least in part, for the injuries and deaths in the passenger vehicle, as will the driver of the passenger vehicle.

Labels: Car crashes, school injuries, truck accidents, wrongful death

posted by Barry Doyle at 8:16 AM 0 comments

Semi jackknifes in Huntley

Three people were taken by ambulance from an accident scene in Huntley. They were injured when a semi driving in the other direction jackknifed into their path. The big rig was following a third vehicle too closely. When the third vehicle slowed to turn into a driveway, the truck driver lost control of the semi as he tried to stop, causing the tractor trailer to jackknife with the trailer crossing over the center line.

Truck drivers have a special responsibility to maintain a safe following distance due to the greater stopping distances require to bring their heavy, powerful vehicles under control.

Also, the fact that the trailer jackknifed indicates that the truck driver did follow proper procedures in trying to slow his vehicle.

When trailers cross over the center line, there is always the potential for serious injuries or wrongful death.

Labels: truck accidents

posted by Barry Doyle at 8:06 AM 0 comments

Responsibilities of dog ownership

When you get a dog, the responsibilities run much deeper than just feeding or walking the dog. You also have a responsibility to train and monitor the dog's behavior and to have financial responsibility for injuries caused by your dog. This was the topic a recent piece on MSN News.

According to the author, there are 4.7 million dog bites every year, a million of which require medical attention. There were 32 fatal dog bite attacks in 2007. Claims against homeowner's insurance policies for dog bite attacks cost the industry $356 million last year. The average claim paid by insurers was $24,511 -- a figure no doubt driven by a few truly catastrophic, horrific attacks and many smaller ones.

In addition to sending your dog to training and obedience classes and constantly monitoring his behavior for aggression, it is strongly recommended that you disclose to your insurer that you have a dog. Failing to disclose the ownership of the dog may result in a loss of coverage. You should also be careful to disclose the breed of dog you have and make sure that your dog is covered by your homeowners policy, as some insurers are now excluding some breeds of dogs known for aggression and severe attacks such as put bulls, rottweilers, German Shepards, presa canarios and chows from coverage. Finally, it is also strongly recommended that you obtain an umbrella policy which would cover you for liability up to $1 million. Often these policies can be obtained for under $500 per year.

Labels: dog bite attacks

posted by Barry Doyle at 8:03 PM 0 comments

Joliet Amtrak derailment

A St. Louis to Chicago Amtrak train derailed this evening near Joliet. Early reports indicate that there were no severe injuries.

Passenger trains such as Amtrak trains are referred to as common carriers in the law. This means that they have the duty to exercise the highest degree of care for the safety of their passengers. Even slight negligence on the part of the railroad is enough to subject them to liability for a train accident or train derailment.

Whether the accident was caused by poor maintenance of the track, improper maintenance of the railroad cars, or unsafe train operation, Amtrak and possibly some other railroads will end up bearing financial responsibility for the Joliet train derailment accident. Anyone injured as a result of the derailment would be well-advised to seek experienced legal counsel to represent their interests for this train accident.

Labels: train accidents, train derailments

posted by Barry Doyle at 8:20 PM 0 comments

Construction worker hit by semi

In Kansas, a worker on a road construction project was severely injured when a semi loaded with asphalt backed over him. The worker had to air-lifted from the scene with a broken leg and spinal injuries.

Truck drivers must be aware of the blind spots on the tractor-trailers they drive. The area immediately to the rear of the trailer is a blind spot on almost every rig. Unless the truck driver knows that no one is in that blind spot, he must get out and check before putting his truck into reverse.

To prevent accidents on road construction projects such as this one, the use of a spotter is highly advisable. A project like this normally has a high amount of activity going on, and the use of a spotter can help ensure that the blind spots of a tractor-trailer do not become a death trap for workers on the project.

Labels: construction accidents, spinal cord injury, truck accidents

posted by Barry Doyle at 8:04 AM 0 comments

Employees urge state takeover of Galesburg nursing home

The union which represents workers at a Galesburg nursing home have contacted the Illinois Department of Public Health to ask that four Illinois nursing homes be put into receivership. The reason for the request is that they are under the common management of Gem Healthcare and all have a poor track record for patient care.

The four nursing homes are: Galesburg Terrace in Galesburg; Regal Health & Rehab Center in Oak Law; Camelot Terrace in Streator; and Forest Hill Health & Rehab in East Moline.

The union claims that high employee turnover rates have contributed to substandard nursing home care. While not aware of the particular statistics of any of the facilities, I agree with the concept: when nursing home employees are long-time employees, they become familiar with the care needs of the residents and their general state of well-being and can more easily recognize when the condition of the resident has taken a turn for the worse. In facilities with high turnover rates, that kind of "institutional memory" does not exist or is lost when employees leave.

I have has the chance to represent the family of a resident of a Gem Healthcare facility, and was thoroughly unimpressed with the care provided. I also discovered that they had no liability insurance.

Labels: Nursing home abuse and neglect

posted by Barry Doyle at 8:26 PM 0 comments

Grocery store evacuated due to carbon monoxide

A Philadelphia area had to be evacuated recently after an employee was overcome by carbon monoxide poisoning. After the woman lost consciousness, paramedics were called to assist and while attending to her, their personal carbon monoxide detectors went off. Dozens of store employees and customers were taken to area hospitals, most with mild symptoms of carbon monoxide poisoning such as nausea and headaches.

It was later discovered that the cause of carbon monoxide emission was the stove in the bakery. A fan which vented the stove was shut off, causing carbon monoxide to seep into the store. This incident underlines the importance of making sure that all carbon monoxide-producing device are properly vented.

The store employees injured in this incident certainly have a valid basis for pursuing a worker' s compensation case. Injuries from carbon monoxide poisoning, especially to the brain, can be very significant, yet subtle. Anyone who suffers from carbon monoxide poisoning would be well-advised to seek both competent medical care and legal advice.

Labels: brain injury, carbon monoxide poisoning, workers compensation

posted by Barry Doyle at 6:45 AM 0 comments

California nursing home fined after resident dies from head injury

California authorities have issued a citation and the highest possible fine to a nursing home after a resident died from a brain bleed. The woman who suffered the injury was taking blood thinners for a number of chronic conditions. While being helped into bed by a physical therapist, she hit her head against a bed rail.

The physical therapist did not report the injury because he did not think that it was serious and nurses caring for the woman did not report the decline in the resident's condition to the doctor. By the time the brain bleed was discovered, it was impossible to save the woman.

The incident where the woman hit her head on the bed rail would qualify as a fall because of the uncontrolled way in which she hit the bed rail. Given that she was on blood thinners, a brain injury was a real possibility, and once the bleed began, continued use of blood thinners would have made it very difficult to control the bleed. All falls in nursing homes must be reported in order to allow careful monitoring of the resident in the days and hours following the fall.

Nurses serve as the eyes and ears of the doctors for monitoring the condition of the residents in the nursing home. All changes in condition, such as an alteration in consciousness or alertness, must be reported to the physician so that the doctor can make a decision to admit the resident to the hospital for further testing. Even without the reporting of the fall, this situation could have been salvaged had she been promptly admitted to the hospital. The failure of the nursing staff to report the change in condition was an example of nursing home neglect, and unfortunately, sealed the fate of this resident.

Labels: br, falls in nursing homes, Nursing home abuse and neglect

posted by Barry Doyle at 8:17 AM 0 comments

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