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Medical Malpractice Awareness Month

CHICAGO, IL – Medical malpractice is a huge problem in the United States. Every July is recognized by The National Medical Malpractice Advocacy Association (NMMAA) organizes and promotes National Medical Malpractice Awareness Month. The goal is the raise awareness around medical malpractice and to help end negligent acts of harm caused by medical negligence.

More than 250,000 lose their lives each year because of medical errors – nearly 10 percent of all annual deaths in the United States. More people die per year from medical errors than deaths cause by accidents, strokes, or Alzheimer’s according to John Hopkins School of Medicine.

The NMMAA believes the month of July provides support to the victims and their families who have lost loves ones due to medical negligence, as well as creating a great opportunity to educate the public on the seriousness of medical negligence and advocating for those who don’t have voice.

NMMAA: Advocating for Patients

The NMMAA is a non-partisan organization who’s goal is to promote changes that address the underlying causes of medical malpractice and is dedicated to ensuring those with less power are heard. The NMMAA is also committed to resolving the issue around unreported claims of medical negligence.

The NMMAA plans to address these problems through several initiatives and projects, including:

  • The Medical Malpractice Right to Justice Project which aims to seek justice for those who have been stripped of their 7th amendment right to court after medical negligence, by bringing up old cases and showing inconsistencies in medical records and testimonies.
  • Partnership with the Greater National Advocates: After being a victim of a serious medical error, it’s important for victims to work with medical professionals they trust. The NMMAA partners with Greater National Advocates and offers online access to their network of practitioners.
  • Screening services: NMMAA works with lawyers and physicians around the country, and provides screening services and educational resources to those who are a victim of medical malpractice.

The Standard of Care

The medical “standard of care” is defined as the level and type of care that any reasonably competent and skilled health care professional, with a similar background and in the same medical community, would have provided under the circumstances that led to the alleged malpractice.

How to Identify Medical Errors

When a healthcare provider violates the “standard of care,” they become liable for serious injuries which may include:

  • Medication and anesthesia errors
  • Failure to diagnose and misdiagnosis
  • Surgical malpractice (i.e. contaminated tools, wrong-site surgeries)
  • Laboratory and medical test failures
  • Abuse and neglect of patients
  • Premature discharge
  • Healthcare-acquired infections (HAIs)
  • Preventable birth injuries
  • Emergency room errors

If you suspect that medical malpractice may have played a role in your injuries, our legal team at Dinizulu Law Group, Ltd is available and ready to hear your story to help determine if you have a medical malpractice claim. For more information on how we can help you with your claim, call our office now for a free consultation at (312) 384-1920 or visit our website for more information.

5 Ways Nursing Homes Can Prevent Residents from Getting Bedsores

CHICAGO, IL – Nursing homes have a long history of abuse and neglect. While not all nursing homes are negligent in their treatment towards residents, there is no denying the common issue of bedsores within these types of facilities. It’s important for nursing staff to take extra precautions to avoid unnecessary patient illness, suffering, disease, and neglect.

Many nursing home facilities are understaffed and overworked, often forced to care for more residents than what they can handle. Preventing bedsores is one area nursing homes could excel in their treatment towards residents.

What Causes Bedsores?

Bedsores, or pressure ulcers, form when there is a lack of mobility in residents. The average human only spends about 8 hours a day sleeping in bed, typically moving throughout the night. For nursing home residents who are confined to a wheelchair or their bed, this gives residents little to no mobility on their own and often requiring assistance when transferring from a bed to a wheelchair.

Bedsores can also form from constant pressure on one area and little to no circulation, which deprives the skin of oxygen. It’s estimated that bedsores are the cause of 10,000 deaths per year.

  1. Help Patients Reposition Frequently

Sitting or lying in the same position can be extremely uncomfortable and exhausting. For patients who are able to shift their weight, they should do so every few hours to prevent bedsores from forming. If a patient is immobile and unable to do so on their own, a staff members should help reposition the patient every 2-3 hours.

2. Incorporate More Exercise into Residents Routine

Some nursing home residents may almost refuse to get out of bed. It can be a daunting task for someone who is bed or wheelchair bound; however, that’s what nursing home staff are there for. Staff should help motivate residents and encourage them exercise to keep their blood flowing.

Motion exercises like arm or leg lifts or ankle rotations may be simple, but they are an effective strategy against preventing bed sores.

3. Use Pillows or Other Cushions to Your Advantage

Using a pillow or other cushion to put a pillow under an area of a patient that is constantly under pressure can help redistribute weight and lessen some of the pressure. By putting pillows near the hips, elbows, or ankles of a patient may create a safer situation for patients.

4. Regularly Clean and Dry Residents

It’s important nursing home staff members are consistently cleaning and drying residents. Bedsores are much less likely to develop if the skin is kept clean and dry. Regular bathing residents can help do a lot to avoid bedsores by limiting the growth of the bacteria.

5. Maintain a Good Diet

Maintaining a healthy, nutritional diet can help prevent bedsores based on studies, although they are not conclusive. Patients should received a balanced diet and maintain a good nutrition on a regular basis.

What to Do if Your Loved One Has Developed Bedsores

If your loved one has developed bedsores at their nursing home, it’s important to notify the nursing home administrator or the authorities right away, as this is a sign of neglect or abuse. The experienced nursing home abuse and neglect lawyers of Dinizulu Law Group have the experience and resources to hold those accountable for their negligence. Call our office today for a free consultation at (312) 384-1920.

How Statute of Limitations Impact Sexual Abuse Cases

CHICAGO, IL – A major issue with sexual abuse claims is the statute of limitations, or the legal amount of time you’re allowed to file a lawsuit. In many states, it prevents victims from coming forward unless they do within the time limit set by the state. Many victims of sexual abuse are unable to talk about abuse. Furthermore, they may not remember the abuse until the repressed memories play out in different aspects of life.

The statute of limitations on sexual abuse lawsuits creates a situation that is unfair and harsh to those who have already endured enough. Many states are now changing their laws to allow victims much more time to file sexual abuse lawsuits.

How Illinois has Addressed Statute of Limitations for Sexual Abuse Lawsuits

In January 2020, prosecutors in Illinois no longer faced a time limit on bringing charges for major sex offenses, regardless of the alleged victim’s age.

The new law removed the statute of limitations on criminal sexual assault, aggravated criminal sexual assault, and aggravated criminal sexual abuse. Previously, prosecutors had 10 years to bring charges if an offense was reported to law enforcement within three years after occurring.

For a state-by-state guide on the statute of limitations for sexual abuse lawsuits, please click here.

Other States Addressing Statute of Limitations Issues

By the end of 2019, there were 15 states that took some form of action towards victim advocacy and getting them a greater right to sue their offenders.

Victims of sexual assault can sue their abuser, but also the organization that employed or gave the means to the abuser to commit their crime. For example, if a victim happened to be at a bar and was sexually assaulted in a back alley, the victim could hold the establishment accountable.

Financial Impact on Organizations

For many organizations, changes in the law mean that they can face a grave financial crisis from the potential of liability. For example, the Boy Scouts of America and the Catholic Church have a long history of sexual abuse. The new law means that they can be held liable for abuse that happened decades ago. Many organizations have been forced to declare bankruptcy in order to manage some of their liability while continuing to operate.

Reporting Sexual Abuse in Illinois

Any victim of sexual abuse should report this to local authorities, a healthcare provider, trusted social worker, or someone in authority. By law, they are required to act on claims of sexual abuse. Contact the experienced sexual abuse lawyers at Dinizulu Law Group today for a free consultation at (312) 384-1920.

What Not to Say to Insurance Adjusters

CHICAGO, IL – After a car accident, it can be hard to know exactly what happened, especially if you were injured. Documenting the scene of a car accident may not be the first thing on your mind; however, you should document everything you’re able to when dealing with an insurance adjuster.

A few days after the accident, insurance adjusters typically call to get details of the car accident. Be cautious of what you say – you’d be surprised what insurance adjusters can and will hold over you.

Understand the Insurance Adjusters Role

It’s important to understand the adjusters role. Insurance adjusters have a few main responsibilities including:

  1. Prevent insurance fraud.
  2. Settle claims for a low amount.
  3. Settle claims quickly.

Many insurance adjusters don’t have a background in medical or legal training. With a knowledgable car accident and personal injury attorney, you will have a leg up against the insurance company.

Before you say anything, ask the adjuster for their full name, where they work, and what their role is. Make sure to document this so you can go back to reference it whenever necessary. Keep the conversation to a minimum after finding out this information.

Avoid Giving Details of the Car Accident or Injury

It’s natural to be in shock after an accident, sometimes being shaken up for days after. Unfortunately, insurance adjusters take advantage of this.

Do not make any guesses as to what happened. It’s important to never admit partial liability.

Speak to a lawyer before speaking to an insurance adjuster. Your legal counsel will be able to advise you how to handle the conversation and what you should and should not say.

After you’ve been injured in a car accident, you may not realize you’re injured until after you’ve sought out medical treatment. The official medical report may come back that you’re injures are more catastrophic than what doctors originally thought.

For this reason, keep the details of your injury to a minimum when speaking to adjusters. Tell the adjuster that your attorney will write a written report of your injuries and speak to them on your behalf.

Do Not Sign Anything or Give a Sworn Statement

After an accident, you may apologize for things that are not your fault. Unfortunately, adjusters can use this against you and make you look like you are somehow at fault or partially liable.

To avoid this, it’s best to send a written statement with your lawyer and only give them necessary evidence.

Don’t Settle on the First Offer

Most insurance adjusters have a specific amount allocated amount of money for your claim. They will typically low ball you an offer to see if you accept a settlement for much less.

A quick, low stress settlement may seem like a good deal; however, this is why you should hire an experienced attorney who will handle this and take a little stress off your shoulders while recovering from an injury.

Contact a Personal Injury Attorney in Chicago

In short, don’t ever admit fault or apologize because insurance adjusters can and will hold this against you. The best policy is to contact an personal injury attorney who has experience negotiating with insurance companies and adjusters. Contact the Dinizulu Law Group today for a free, no obligation consultation at (312) 384-1920.

Premise Liability: How to Prove Your Case in Illinois

CHICAGO, IL – After you’ve been injured in a fallen accident, there are important steps you need to take to seek recovery. Unfortunately, the mere fact you fell and injured yourself is not enough to win a case like this. You will need to prove someone’s negligence resulted in your injuries.

Types of Cases that Cause Risk of Slip

If you’re a customer shopping at a local grocery store on the weekend, the stores potential for liability begins the moment you pull your car into their parking lot. A few ways a business can be held liable include:

  • You trip on an uneven surface on the sidewalk in front of the store.
  • You slip on the wet floor that was recently mopped.
  • There is something obstructing an aisle at the store that causes you to trip.

Private Property Owners Duty of Care

Even if you are on someone’s private property, they have a duty of care owed to you to keep their property in reasonable condition. Once the homeowner invites you onto their property, they are liable for any type of accident where they were negligent. They owe you the duty of keeping their property free of hazards.

Proving Landowner or Business Owners is Responsible for Your Injury

Just because you’ve been injured on someone else’s property doesn’t mean their automatically liable for your injuries. In order to qualify for any insurance or settlement money, you must prove that the other party was negligent in some ways. You must prove the following four things in a premise liability case:

  1. The defendant owed the injured party the duty of care.
  2. The defendant breached their duty of care by not acting reasonably as any property owner would in addressing hazardous conditions.
  3. The plaintiff suffered some type of injury.
  4. The defendant’s actions were the proximate cause of the plaintiff’s injury.

Considerations for Your Fall Claim

There are considerations that will be made while determining your slip-and-fall case. For example, if the plaintiff slipped on ice right when it started snowing, this would be taken into consideration. It may not be unreasonable because the dangerous conditions only lasted a very short period of time.

Common Injuries from Fall Incidents

Many fall accident injuries can be severe and require a trip to the emergency room and hefty medical costs. Some injuries you may suffer from falling include:

  • Broken bones
  • Hip fracture
  • Spinal cord injury
  • Brain injury

Contact a Personal Injury Lawyer in Illinois

If you think you have a personal injury case, the most important thing to do is preserve the scene and take as many pictures or videos as you can. We understand it can be difficult to do this, but try your best to document the scene as best as you can. If there are any witnesses, find the best way to get their contact information to discuss what they saw.

It’s important to contact a personal injury attorney in Illinois to prove you have been injured due to the negligence of the owner of a property. The personal injury attorneys of Dinizulu Law Group have the experience and resources to prove the property owners negligence resulted in your injuries. Call our office for a free consultation today at (312) 384-1920.

Elder Abuse Awareness Month

CHICAGO, IL – Nearly 1 in 10 American senior citizens are abuse or neglected each year. Furthermore, only 1 in 14 cases of elder abuse is reported to authorities, according to the U.S. Department of Health & Human Services. Elder abuse is not limited to just physical abuse; it may include psychological or sexual abuse or may manifest itself through financial exploitation or theft.

Throughout the month of June, government agencies and organizations promote local and national events to alert communities, seniors, caregivers, and others the signs to look for in elder abuse. They also stress the importance of understanding, recognizing, and reporting this type of abuse when it’s suspected.

World Elder Abuse Awareness Day

World Elder Abuse Awareness Day was launched on June 15, 2006 by the International Network for the Prevention of Elder Abuse and the World Health Organization at the United Nations.

The purpose of World Elder Abuse Awareness Day is to provide communities around the nation the opportunity to promote a better understanding of abuse and neglect in senior citizens by raising awareness of the cultural, social, economic and demographic processes that affect elder abuse and neglect.

How You Can Raise Awareness

We know from history that small actions have the ability to dramatically change the course of outcomes. Here are a few, but very important ways that you can help spread awareness of nursing home abuse and promote equality for senior citizens:

  • Discuss with your children to treat elders with dignity.
  • Stay informed of policies and laws regarding elder neglect and abuse.
  • Learn someone’s story or share yours.
  • Post information on your social media platforms about elder abuse.
  • Join Ageless Alliance: United Against Elder Abuse, a social movement dedicated to the cause

We must protect the one of the most vulnerable age groups. Elders deserve to age with respect and dignity. If you know something, say something. If you suspect your loved one is being abused or neglected, please report this right away and take action to ensure they are protected. Our nursing home abuse and neglect attorneys are here to help and give you and your family a voice. For a free consultation, call our office at (312) 384-1920 today.

Alternative Options for Nursing Home Care in Illinois

CHICAGO, IL – When placing your loved one in a nursing home, you must take a lot of information into consideration such as costs or specialized care. Nursing homes also have a long history of negligence claims against them across the nation. It’s important when choosing long-term care for your loved one that you pick the option that best suits their needs.

Finding a safe, clean, and comfortable environment for your loved one can be challenging, especially with the times we’re currently facing. There are many options, in addition to nursing homes, that may be better suited for your loved ones needs.

Assisted Living Facility

While nursing homes and assisted living facilities have similar features, they are not the same thing.

Assisted living facilities typically take much healthier, independent seniors who need assistance with general tasks of everyday life. On the other hand, nursing homes take care of individuals who are critical ill or need around-the-clock nursing care.

Assisted living facilities are a great option for independent, outgoing seniors who enjoy being part of a community. Most assisted living facilities have their own apartment or suites and can join others for dinner and group activities as they wish.

Depending on the size of the facility, most tend to house between 20 to upwards of 100 individuals.

The cost of assisted living care varies, although Illinois’ monthly average pans out to $4,170. Illinois monthly average is slightly smaller than the national average of $4,300 per month.

You can view Illinois’ assisted living/shared housing licensed directory here.

Home Care

Home care is among the most preferred option of aging adults; however, it’s not always the most affordable. On the other hand, it’s a great option for families who need specialized care for their loved one.

In-home care can be used for an array of services including transportation to and from medical appointments, help with hygiene, medication administration, and eating.

With home care, you’re able to choose services based on what the home care provider offers. If your loved one has a higher level of independence, this is a great option since they will still be provided the care they need, but not need to be monitored full-time as they would in a long-term setting.

The average cost of home care in the United States is roughly $4,290/per month. Illinois average cost of home care is more than the national average costing $4,481 per month. You may be able to get assistance for home care with Medicaid HCBS or Medicare PACE programs.

Adult Foster Care

Adult foster care programs are similar to boarding homes that offer specialized care options for residents. These homes typically house 1-5 other residents.

If you’re loved one is more introverted and enjoys a quieter space with a home-feel, this would be a great option. They will enjoy shared meals and common spaces, as well as activities together.

Adult foster care typically costs more than nursing homes or assisted living facilities. On average, families pay between $2,000-$4,000 a month. Medicaid may be able to help assist with costs.

Adult Day Care

Adult day care is another great option for caregivers who need a break every once in while. In addition, is a great option for seniors who will enjoy a stimulating environment that offers health services.

Using a pre-determined schedule or simply using adult day care when you need it makes this a great option for almost every family. The average cost of adult day care is $72 per day.

Medicare Programs

Medicare offers a few programs for long-term care alternatives to nursing home facilities.

Medicare PACE, or “Program of All-Inclusive Care for the Elderly,” offers a combination of services to families considering alternatives to nursing homes.

Other home-based alternative care options include hospice, subsidized senior housing, Medicaid Home and Community Based Services.

The program cost varies depending on the program you choose. To view the full list of Medicare programs for long-term care, please click here.

Reasons to find Alternative Care

Research and studies have proven the negligent horror stories we’ve all heard within nursing home facilities. There is always a risk of abuse or neglect at these facilities where staff are overworked and understaffed which puts residents at a much higher risk of being a victim of abuse or neglect.

Nursing home can also be very expensive care options. The average cost of a private nursing home room is $8,000 per month. Most families cannot afford that type of care on top of their own expenses such as a rent or mortgage, food, etc.

Nursing home also don’t provide specialized care towards residents, such as treating residents that suffer from dementia or Alzheimer’s. Caring for someone who suffers from one of these diseases requires 24 hour care that staff cannot provide.

Fisher-Price recalls baby soother after 4 infant deaths

CHICAGO, IL – Fisher-Price is recalling a model of its baby soothers after four infants died that were placed on their backs unrestrained in the devices and were later found on their stomachs.

Fisher-Price said in a joint statement with the Consumer Product Safety Commission it is recalling its 4-in-1 Rock ‘n Glide Soothers, which is designed to mimic the motion of a baby being rocked in someone’s arms.

Fisher-Price is also recalling a similar product, the 2-in-1 Soothe ‘n Play Glider, although there were no reported deaths connected to it.

CPSC Acting Chairman Robert Adler said, “Inclined products, such as gliders, soothers, rockers and swings are not safe for infant sleep, due to the risk of suffocation.”

Nearly 120,000 4-in-1 Rock ‘n Glide Soothers and 55,000 2-in-1 Sooth ‘n Play Gliders were sold from January 2014 through December 2020 for about $108. The 2-in-1 Soothe ‘n Play Gliders were sold from November 2018 through May 2021 for about $125.

There were also 25,000 4-in-1 Rock ‘n Glide Soothers and 27,000 2-in-1 Soothe ’n Play Gliders distributed in Canada.

Fisher-Price General Manager Chuck Scothon, said the company is committed to educating parents and caregivers on the safe use of its products, “including the importance of following all warnings and instructions.”

Factors That Can Make or Break the Value of Your Car Accident Claim

CHICAGO, IL – If you’ve been in a car accident, you know how overwhelming it can be, especially if you were injured. Being stuck with medical bills, physical pain, and physical damage to your car can be unthinkable. Many people struggle to understanding what separates a small settlement from a large figure case.

Early Medical Treatment After a Car Accident

The best way to preserve your rights and ensure you’re not stuck with expensive medical bills is to seek medical treatment right way after an accident. While it may seem counterintuitive to incur medical bills while you’re to preserve your rights, insurance companies always try to find a way to argue that you weren’t actually hurt. Even if you sustained a minor injury, it’s important to seek medical treatment to have it documented.

Medical Records and Evidence

When seeking medical treatment, the more your physician documents, the better. If your case makes it to trial, it’s important for the jury to clearly understand that your injuries were sustained from the crash and how it’s impacted your life.

Disputed Liability

Some cases can be cut-and-dry. However, there are some that are far more complicated. For example, if a drunk driver doesn’t stop in time and rear-ends the back of your vehicle, this would likely be an uncontested case because it’s clear who’s at fault.

However, there could be different components that factor into your case. For example, suppose someone rear-ended you, but the driver who hit you claims you stopped short. Therefore, when a liability dispute is involved, it can reduce the value of your case. It’s best to tackle seeking medical treatment and taking statements early on to reduce the likelihood of a liability dispute.

Comparative Fault

Illinois follows a “comparative fault” rule when both parties are found to share blame for a car accident. However, the court will reduce your reward by the amount of fault you share, which is known as “pure comparative negligence.”

Your Own Credibility

While your criminal history, drug use, and other negative factors are irrelevant to the car crash, they still effect your credibility. Insurance companies have clever ways to diminish your value to a jury. The more believable and credible you are to your own injuries and the accident, the better.

Your Personal Injury

Your injuries are the most important factor in a personal injury claim. If a case doesn’t settle, a jury will need to understand the severity of your injuries and what they are ultimately worth. Your injuries are heavily considered when determining the value of a case since insurance companies are aware of injures and what they typically award.

Contact a Personal Injury Lawyer in Chicago, Illinois

An experienced personal injury attorney can alleviate some of the burden and stress off you while you recover from your accident. The personal injury attorneys of Dinizulu Law Group, Ltd. have the resources and skills necessary to hold those accountable. Call our office today for a free, no obligation consultation at (312) 384-1920 or visit our website for additional information.

10 Questions That Reveal Nursing Home’s Staffing Issues

CHICAGO, IL – Certified nursing assistants make up nearly 40 percent of a nursing home’s workforce. CNAs support the daily need of residents, such as dressing resident’s, help bathing, hygiene, medication administration, food preparation and eating, keeping communication open with the family, and ambulating.

The nursing home industry is notorious for having understaffed facilities nationwide, especially a lack of CNAs. Ultimately, if they do not receive the support they need, it can put residents in harm’s way. CNAs have played an important role in providing quality, person-centered care to residents. High CAN turnover or low retention rates have been linked to lower quality care and lower quality of life for nursing home residents.

Questions to Ask Nursing Home Administrators

More than 600,000 nursing assistants across the country help the more than 1.4 million residents in nursing homes across the country. If your loved one is a resident in a nursing home, start by asking the nursing home administrator questions to ensure there is no intentional understaffing. For example, some nursing homes have to cut costs and unfortunately, cut costs in the wrong areas such as staffing levels. It’s important to be proactive and get the answers you and your loved one deserve.

  1. What type of training do recently hire employees/nurses go through? Does the nursing home offer continued training or education programs to CNAs?
  2. How does the nursing home conduct backgrounds checks to ensure hired workers have not been found guilty of abuse or neglect or mistreatment? Do they check the state nurse aid registry?
  3. Where does the nursing home facility post information regarding the number of staff members, including CNAs?
  4. Do staff wear name tags that can clearly display their credentials and certifications?
  5. What is the employee retention rate? Does the nursing home have a high turnover rate? When was the last time the nursing home was fully staffed?
  6. Is there a licensed nursing staff 24 hours a day? This includes a Registered Nurse present for 8 hours per day, 7 days per week.
  7. How are CNAs working with residents’ physicians to ensure their medical needs are being met and understood?
  8. What has the turnover in administration staff been in the last year? This includes an administrator or nursing home director.
  9. How can you speak to your loved ones CNA?
  10. Where are daily activities posted for residents to participate in?

Resident-to-Staff Ratio is Important

Medicare doesn’t’ require a minimum resident-to-staff ratio, while leads to many nursing homes having fewer staff and more residents than they can care for. According to Federal data, most nursing homes report having fewer staff than they actually report.

For example, a facility may be well-staffed one day where there were 8 residents to one caregiver. In another facility that’s severely understaffed, there may be 18 residents to one caregiver. It becomes nearly impossible for nurses to tend to that many resident’s needs.

When there is an understaffing in a nursing home facility, essential tasks are neglected, including:

  • Adjusting and turning residents to prevent pressure ulcers
  • Checking up on patients and their health
  • Keeping residents clean from infections
  • Preventing catastrophic falls from occurring

Report Nursing Home Abuse

If you or a loved one has experienced neglect or abuse in a nursing home facility due to understaffing, please contact the experienced attorneys of Dinizulu Law Group. We have the skills, resources, and knowledge to hold the facility, and possibly administrators and nurses accountable for the neglect your loved one endured. Call our office today for a free consultation at (312) 384-1920.

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