Gori Julian & Associates, P.C.

Alton Medical Malpractice Law Blog

Woman claims Penn State violated employment law, files suit

A woman who was employed by Penn State University in the athletics department recently sued the school over an alleged wrongful termination. The suit also lists other alleged violations of employment law that purportedly took place over the entire eight years of her employment. While the suit was not filed in Illinois, workers here have the same right to seek justice when their rights are violated.

According to the complaint, the woman was hired in 2008. She stated that verbal abuse from her immediate supervisor commenced shortly after her start date. Though the woman stated that she reported the abuse to human resources in 2010, she claims that there were no corrective actions taken. The woman stated that the verbal assaults were carried out in the presence of others and that in spite of her repeated attempts to seek a remedy, they continued unabated.

What you should know about never events

When it comes to medical malpractice in Illinois, you may be under the impression that many events are due to small errors that lead to major complications. However, there is a growing number of medical malpractice incidents that involve mistakes so egregious they should never happen. These errors are often referred to as never events in the medical community. Even though there are checks and balances in place to prevent them, more and more patients suffer health injuries and complications and lose their lives to them every day. 

For you to take measures to protect yourself against never events, you should learn more about them. Keep in mind that many medical mistakes are avoidable and preventable. Often times, medical professionals can increase their accuracy and reduce their rate of error by getting more sleep and paying more attention to their patients, their charts, medications and interactions. 

Nursing home neglect can occur despite a family's best efforts

The decision to place a failing loved one in a long-term care facility is not arrived at easily. In order to ensure that a beloved family member does not become a victim of suspected nursing home neglect, it may require exhaustive research and a visit to those facilities that are being considered. Unfortunately, in spite of an Illinois family's diligence, a loved one could still become a victim of substandard care or abuse.

When a family member is experiencing age-related or other chronic long-term health complications, it may become necessary to seek placement in a specialized care facility. However, deciding how to choose the appropriate facility may become a daunting task. Many families may believe that the recommendations from medical providers imply that the facility will provide the best care and that residents will not face the risk of neglect or abuse. Unfortunately, the recommended facility could still prove to be neglectful.

Many report suffering personal injury due to medical errors

While the government debates health insurance issues across the country, there are other matters that are discussed less frequently. Recent studies suggest that an estimated one in five Americans has had a personal experience relating to a medical mistake. In Illinois and elsewhere, these mistakes frequently end up causing a patient to suffer a serious personal injury

A collaborative study conducted by the Institute for Healthcare Improvement, the National Patient Safety Foundation, the Lucian Leape Institute and the National Opinion Research Center focused on assessing the seriousness of the problem regarding medical errors. An estimated 21 percent of the survey respondents said they had personally experienced some form of medical error. Of those who suffered this type of mistake, approximately 73 percent said they suffered some consequence, including long-term or permanent health issues, financial problems, emotional concerns or family issues. 

Medication errors can lead to serious personal injury

When one suffers from an illness -- be it an acute or chronic illness -- he or she places trust and confidence in those medical providers who can diagnose and treat him or her effectively using the appropriate medications. However, if the pharmacy makes a mistake when dispensing that medicine, a serious personal injury could result. Illinois families place their confidence in these professionals, and they have the right to seek recompense when a mistake causes harm.

Pharmacy mistakes can be attributed to several reasons, the first of which is not enough staff in order to ensure that the pharmacists and techs can take their time filling prescriptions. Short staffing leads to longer hours and more pressure, which can cause these professionals to rush to meet the demands. Another problem is the lack of thorough training and support that pharmacists may need in order to become more knowledgeable about the different medications.

Common types of surgical errors

Surgical errors number among the more common types of medical malpractice. Even highly qualified, reputable health care providers can end up making an error that can seriously affect a patient's health.

Despite the implementation of various procedures designed to safeguard against error, surgical mistakes continue to happen. It is important to know that if this type of malpractice affects you, the law does provide you with options to gain compensation for the ensuing physical and financial costs.

Woman alleges vet clinic violated employment law in termination

In today's current job market, many workers may be hesitant to request time off -- even in circumstances that require it. When that reason involves a medical necessity, it may be shocking when an employer issues an ultimatum concerning a specific return date. Some Illinois residents have faced this situation and have been terminated when they could not comply due to doctor's orders, which could be a violation of the employment law in this state.

Recently, one woman filed a wrongful termination civil lawsuit against both a veterinarian and the animal clinic where she was employed. The suit asserts that the woman was employed by this clinic on two separate occasions; once for a period lasting six years, and a second time for approximately nine months. The first period of employment ended after the woman voluntarily left the area. On her return to that state, she sought out a second employment opportunity and was once again hired as the housekeeper.

Parents claim negligence caused baby's serious birth injuries

The birth of a child is eagerly anticipated. However, while these are joyous events for most; unfortunately, there are circumstances when things do not go as planned and a cherished child suffers serious birth injuries. Illinois families who have lived through this terrible ordeal may have recourse to seek justice and compensation.

One couple recently filed a civil lawsuit against both the obstetrician and the medical facility where he practiced. The claim alleges that the physician failed to follow proper medical protocol. He is alleged to have attempted the delivery of a baby using a vacuum apparatus device ahead of the stipulated time frame. The parents claim that just one hour into the active delivery phase, the doctor applied the suction device to the head of the unborn infant for several minutes while applying pressure to the head on three attempts.

25 percent of serious nursing home neglect and abuse not reported

The decision to place a failing loved one in a long-term care facility is likely not done without careful consideration and reassurances that the individual will receive appropriate care. In the event that an incident of serious nursing home neglect or abuse takes place, the staff are required by federal laws to report it to the proper authorities. According to a recent investigation, Illinois facilities have reportedly failed to notify police in several cases.

While it is unclear as to why the investigation was launched, federal officials took the unusual step of issuing an alert about the serious breech of protocols that have occurred in slightly more than 25 percent of suspected abuse cases. These cases reportedly involved instances of abuse severe enough to require treatment from emergency providers. The vast majority of those cases were comprised of suspected sexual assault.

Woman alleges employment law violation after termination

The Family and Medical Leave Act was adopted as a law in order to assure workers that they would have the right to return to duty after the birth of a baby, adoption or tending to a serious medical issue for oneself or an immediate family member. However, there are situations that arise when an employer is believed to have violated this employment law. Anytime an Illinois resident believes that his or her rights have been violated, he or she is entitled to seek a remedy.

Recently, one woman in another state filed a wrongful termination civil suit against her employer of 14 years. She claimed that she went out of work on the Family and Medical Leave Act after requiring major abdominal surgery. She was then cleared by her physician to return to work at her full-time position, where she was a housekeeper, provided she was assigned to restricted light duty. She was also permitted to return to her part-time work as a cashier on restricted duty.

ALTON —Like any successful trial lawyer, John Hopkins knows the importance of preparation. But he usually doesn’t write out the questions he plans to ask witnesses in depositions or in court.

“I like to react to what the witness is saying—not only what they’re saying, but how they’re saying it,” Hopkins says.

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