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Prevalence of Medical Errors Continue to Increase

April 10, 2022/in Blog/by Yao Dinizulu

CHICAGO, IL – The Yale School of Medicine conducted a meta-analysis that suggests previous estimates of preventable deaths of hospitalized patients could be two to four times too high. Over the past two years, there has been an underlying trend between COVID-19 and medical malpractice claims.

Hospitals have been inundated with patients and face complications of facilities being overcrowded and leaving staff short-staffed and overworked.

Victor Bernstein, CEO of Justpoint, started the company after his mother catastrophically suffered from a medical mistake after receiving the wrong injection, resulting in her being comatose for 2 weeks.

Justpoint, artificially intelligent software that helps people find the right attorney for their claim, saw a 25% increase in medical malpractice claims being filed nationwide, according to 8 News Now.

Johns Hopkins experts have estimated more than 250,000 deaths per year are due to medical errors within the United States.

As the world enters the third year of the pandemic, the healthcare industry faces various ongoing challenges and shifts in the delivery of care.

Forrester, a global market research firm, identified five key predictions for 2022 in the healthcare system.

Among the predictions include labor shortages will double the medication error rate among providers. The rapid clinician turnover and burnout will undoubtedly contribute to “irreversible patient impacts” such as adverse drug reactions due to medication errors and administrative flaws. Additionally, the risk of illness and mortality among patients will rise.

Forrester also predicts healthcare will no longer be considered a trusted industry as misinformation and cyberattacks continue to threaten their livelihood. Patients will eventually avoid being treated for their conditions and clinics will be forced to close. The cyberattacks on the healthcare industry are also costly and further erode trust between doctors and patients.

The prevalence of medical malpractice continues. The University of Chicago conducted a survey regarding medical mistakes and found that 41% of Americans believe that their healthcare provider made a medical mistake when providing care to them.

An even more recent study conducted in 2020 found that serious medical occurs occur most frequently in the ICU, emergency departments, and operating rooms.

Preventing medical errors should be a high priority for anyone working in a healthcare setting, yet every year, we hear of how many people are harmed or killed from negligent care.

The estimated annual cost of measurable medical errors that harmed patients in 2018 alone was $17.1 billion dollars. Researchers noted that pressure ulcers were the most common medical error, followed by post-operative infections. Some estimates place the current annual cost as high as $29 billion.

Even more disturbing, the Mayo Clinic Proceedings published a national survey of doctors that one in ten reported they made a major medical error in three months prior to the survey. Physicians with burnout have more than twice the odds of self-reported medical error.

Harmed by a Healthcare Providers Medical Care in Illinois?

If you’ve been harmed by your doctor or another healthcare provider, it’s important to contact a trusted medical malpractice attorney immediately. The experienced and skilled team of lawyers at the Dinizulu Law Group helps our clients recover from medical malpractice, receive the reimbusement they need and support you throughout the entire litigation process.

To receive a free consultation, call our office now at (312) 384-1920 or view our website for additional information.

Compensation for Passengers Involved in Motor Vehicle Accident in Illinois

February 24, 2021/in Blog/by Yao Dinizulu

CHICAGO, IL – When you are a passenger and have been injured in a motor vehicle accident, you have legal rights that entitle you to file a lawsuit for your injuries. In some circumstances, you have even more rights than the driver for financial compensation because you can sue more defendants.

As with any personal injury claim, the plaintiff must be able to prove two things: liability and damage. Liability, meaning that it was someone else’s fault, and damages referring to how badly the person who made the claim was hurt.

Many car accident victims will file a personal injury lawsuit against the driver at-fault for the collision. In more fatal cases, surviving family members would pursue a wrongful death lawsuit.

Filing a Claim with the Driver’s Insurance

Passengers of a motor vehicle accident have the right to sue the driver that negligently caused the crash. If you’re injured in an accident, please make sure to call the police first. If you’re able to, document anything you can regarding the crash including obtaining witnesses information, pictures, and video.

Your first step is to file a claim with the driver who caused the crash’s insurance policy. The easiest way to about this is through their personal injury protection or medical payments portion of their car insurance policy. Many states are “no-fault” insurance states, meaning these states require every driver carry this type of protection for any passenger in their vehicle.

Illinois is an “at-fault,” or tort, state. This means that upon showing the other party’s negligence that caused the accident, and you suffered an injury as a result, you can recover money for: lost wages, pain and suffering, medical costs, emotional distress, and other damages.

The driver of the car in which you were riding owes you a “duty of care,” meaning if they act unreasonably, you can hold them responsible for your injuries. The failure to fulfill this duty is negligent, which means speeding, reckless driving, illegal turns, etc., are all grounds for failure to provide you their duty of care.

Suing the At-Fault Driver – No Matter Who It Is

A spouse can sue the other and children can sue their parents for any injuries they sustained as a passenger in a motor vehicle accident. This may seem unusual to you; however, it is quite common.

Many people feel uncomfortable or worry about their relationship or friendship with the person who caused the accident by holding them responsible. Passengers can file a personal injury lawsuit against the driver but should especially do so if fault cannot be established for the accident. The drivers typically don’t pay the damages as long as they are under the policy minimum, but rather the drivers insurance company because that is who you’re suing.

Illinois “Mandatory Insurance” Laws

Illinois requires all vehicle owners to carry liability insurance. The minimum coverage Illinois drivers are required to carry is:

$25,000 for the injury or death of one person in an accident caused by you
$50,000 total for all injuries or deaths in an accident caused by you, and
$20,000 for damage to the property of another person in an accident caused by you.

Basic liability coverage pays for medical bills, property damage, and other costs to drivers, passengers, or pedestrians that are injured or have their vehicle damaged in a car accident.

Recovering Fault Benefits

If you are involved in an accident and do not file a lawsuit, you are essentially giving the auto insurance company a free pass and leaving money on the table that could pay for any medical expenses you endure after the accident or lost wages. This is coverage the driver of the accident has already paid for, so passengers in motor vehicle crashes should utilize this regardless of who may be the negligent driver.

Whoever the driver of the vehicle is that caused the crash, whether it’s the person you are driving in the car as a passenger of or another vehicle, that is who you file your claim against or sue.

Maximizing Compensation as a Passenger of a Motor Vehicle Crash

The passenger may already be covered under the driver’s policy if they are related to them and be considered an “insured person.” It’s critical for the injured passenger to find someone whom they can file a claim against because suing your own insurance policy will not provide you with as much compensation. While you can sue your own insurance policy, you will not seek compensation for pain and suffering or lost wages and be limited to medical costs.

A passenger may not be able to look past their relationship with the driver, if known; however, it’s important that you look at the accident for how it affects your interests since you will miss time from work and have hefty medical bills now to endure. Seeking compensation for your injuries due to another’s negligence should be maximized rather than you paying for an accident you were never at-fault for.

Contact a Cook County Personal Injury Lawyer in Chicago, Illinois

Navigating the aftermath of an accident can be complicated and frustrating. The Dinizulu Law Group attorneys are skilled and experienced with personal injury cases and insurance coverage to ensure you get the maximum compensation you deserve. Call our office today at (312) 384-1920 for your free consultation or visit our website for more information.

College Student Fighting for His Life After Being Hit by Semi Truck

February 23, 2021/in In the News/by Yao Dinizulu

The Dinizulu Law Group represented Michael Hassan, a Lewis University college student, who was a passenger at the time of the trucking crash. Our client was a passenger in a vehicle that was attempting to make a left hand turn in an intersection from Route 53 onto University Parkway in Romeoville, Illinois. While making a left hand turn, a semi-trailer tractor ran a red light, crashing into the vehicle our client was in, and three other cars. The crash resulted in our client being placed in a medically induced coma, and suffering from brain damage and serious internal injuries.

The semi truck driver was identified as Sherrard McKnight from North Carolina who was working for Interstate Trucking Company Moonlight Logistics at the time of the crash. It was alleged that the semi-truck driver was under the influence at the time of the trucking crash. McKnight has a previous arrest record of robbery and assault.

The Plaintiff received a $100,000 partial policy as a settlement; in addition, a more significant tortfeasor defendant is pending.

Are Unsanitary Living Conditions and Lack of Hygiene a Form of Nursing Home Neglect?

February 22, 2021/in Blog/by Yao Dinizulu

CHICAGO, IL – Many nursing home residents rely on staff members to help them with the consistent care they need. Nursing home staff members help residents bathe, feed them, help with administering medication, treat injuries, and transfer residents from their wheelchair to bed. Another key responsibility of nursing home staff includes to maintain a clean, sanitary environment for residents to live in. When staff members fail to maintain a clean facility, sanitize equipment, and help residents with hygiene-related needs, these may be signs of nursing home neglect.

Unsanitary Equipment in Nursing Homes Can Lead to Infection and Illness

With COVID surging nursing home facilities, staff members must be precautious to prevent infection outbreaks to keep residents safe. Since many nursing home residents’ bodies are weakened by age and/or disability, exposure to any virus, fungi, bacteria, or other pathogens can be deadly. Nursing homes should be regularly cleaned and sanitized to avoid these types of outbreaks in facilities, including cleaning wheelchairs, shared equipment, and other common places.

According to the Illinois Department of Public Health (IDPH), kitchens must be properly cleaned and sanitized, and all kitchen staff must be trained and certified in safe food handling to prevent the spread of illnesses. For example, if bathroom showers, toilets, or sinks are not regularly cleaned, it can become a haven for bacteria and germs to grow that can cause residents to become ill.

Colds
Bed sores
Flu
Bed bugs
Infections, such as bacterial pneumonia, urinary tract infections, and influenza
Diarrhea, which can sometimes develop into a chronic problem
Athletes foot
Scabies
Ringworm
Lice
Psychological damage, such as depression and reduced quality of life

Proper Resident Hygiene is Essential for Physical and Mental Health

Nursing home staff has the responsibility to keep residents clean and hygienic, as many residents are unable to use the restroom, bathe, or dress without the assistance of staff. Some residents may rely on adult diapers. If staff members fail to regularly change residents’ soiled diapers, clothing, or bed sheets, infections and medical complications can occur.

Bed sores are another common and major concern in nursing home facilities. If a resident develops a bed sore and it is not cleaned and regularly maintained, the wound may become more infected and even develop into a deadly condition called sepsis. The Mayo Clinic suggests to regularly clean and dress bed sores to prevent further infection.

Contact a Nursing Home Negligence Attorney in Cook County, Illinois

Nursing home residents are often unable to stand up for themselves when forced to live in unsanitary living conditions, or suffer from other forms of nursing home abuse. Many residents rely on family members to watch for signs of poor hygiene or advocate for them when they see they are not receiving the care they rightfully deserve. If you believe your loved one is a victim of nursing home abuse or neglect, call us today at (312) 384-1920 to schedule a free consultation with one of our skilled nursing home abuse attorneys. We know when our clients are being mistreated and living in unsanitary living conditions and are committed to bringing your loved one the justice they deserve. Please visit our website for more information.

Never Sign An Arbitration Clause in Nursing Home Contracts

February 4, 2021/in Blog/by Yao Dinizulu

CHICAGO, IL – Nursing homes in Illinois often ask residents to sign an arbitration agreement as long as it is drafted in compliance with Illinois law. Some nursing homes practice forced arbitration by removing residents right to file a claim through the public court system in a formal, signed agreement. The American Bar Association (ABA) defines arbitration as “a private process where disputing parties agree that one or several individuals can make a decision about the dispute after receiving evidence and hearing arguments.”

Arbitration is similar to what happens in trial in terms of those who are involved will present their case along with evidence to an arbitrator; however, parties may not have to follow state or federal rules of presenting evidence. At the same time, arbitrators are not always required to apply the governing law.

The American Association for Justice (AAJ) collected five years of data on consumer and employment forced arbitration reported by the nation’s two largest arbitration providers: the American Arbitration Association (AAA) and Jams. The findings concluded were:

On average, only 382 consumer per year win a monetary forced arbitration.
There are more than 800 million arbitration clauses estimated to be in effect. The study found there are only 6,000 consumer arbitration claims filed each year.
Over the five years studied, consumers brought 6,012 claims valued around $3.7 billion in damages. They won monetary awards in only 131 cases.
Americans are more likely to be struck by lightning than they are to win a forced arbitration.
Over the span of the five-year study, only 16 nursing home arbitrations were reported to AAA. No residents won their case while nursing home corporations won four of the six they initiated.

How Americans Are Hurt By The Fine Print

Nursing homes facilities often try to sneak protections for themselves into Admission Agreements before residency even begins. The effects arbitration clauses have on residents can be determinantal. The AAJ mentions the effects residents endure by not reading arbitration clauses:

One-sided requirements: Most forced arbitration clauses require residents to waive their rights, while allowing nursing homes to sue in court.
High costs: In addition to hiring a lawyer, the resident or family has to often pay hefty fees just to initiate their case and pay their share of the arbitrator’s hourly charges. Forced arbitration clauses also allow the nursing home to choose the location, regardless of the inconvenience or costly travel for the resident.
Biased Decision-Makers: Nursing homes are repeat users of an arbitrator, meaning there is a disincentive for arbitrators to rule in favor of nursing homes.
Weak Civil Justice Safeguards: Forced arbitration clauses often have tight restrictions on the individual’s ability to argue his/her side of the case. For example, many arbitrators restrict the individual’s ability to obtain necessary evidence. It is also nearly impossible to appeal decisions by arbitrators. According to experts cited by the Washington Post, the amount of damages awarded, if any, has the potential to be less if the case were to be heard by an arbitrator as opposed to going to trial.
Secret Backroom Proceedings: Most forced arbitration clauses require that proceedings be kept confidential, even if the case raises important public health and safety issues.
Bounding: Parties are bound by the terms of the contract so wrongful death claims brought on behalf of a resident’s next of kin are not bound by the arbitration agreement.

Know What You’re Signing Before You Sign It

According to Illinois General Assembly, an arbitration agreement “may bar an action at law against any hospital or health care provider who is a party to the agreement on the grounds of respondeat superior for the negligence or other wrongful act of any employee reasonably alleged to have caused the injuries on which the claim is based.”

Under the Health Care Arbitration Act, it requires certain provisions to be included in arbitration agreements to make the information more conspicuous to signatories. Illinois contract requires that a person must possess sufficient mental capacity in order to sign a contract. This issue arises often in nursing home settings where a resident may not be mental competent due to dementia or Alzheimer’s. A resident or family member who does not feel confident that they have a firm understanding of what rights they’re waiving by signing the contract should seek advice from an experienced nursing home abuse and negligence attorney.

CMS Final Rule on Forced Arbitration, July 2019

Forced arbitration practices change throughout administrations. In 2016, the Obama administration banned forced arbitration only to be turned over by the Centers for Medicare & Medicaid. Under the Final Rule published in July, long-term care facilities must comply with the following criteria:

Not require a resident or his/her representative sign an agreement for binding arbitration as a condition of admission to, or as a requirement to continue to receive care at a facility.
Ensure that the agreement is explained to a resident or his/her representative in a form, manner, and language that he/she must acknowledge that he/she understands the agreement.
Ensure that the agreement provides for the selection of a neutral arbitrator agreed upon by both parties and a venue that is convenient to both parties.
Ensure that the agreement does not contain any language that prohibits or discourages the resident or anyone else from communicating with federal, state, or local officials.
Retain copies of the signed agreement for binding arbitration and the arbitrator’s final decision for five years after the resolution of any dispute resolved through arbitration with residents. These documents must be available for inspection upon request by CMS or its designee.
Grant residents a 30-calendar day period during which they may rescind their agreement to arbitrate.

How the Dinizulu Law Group, Ltd. Can Help You

If you or a loved one has suffered injury or death due to a nursing homes negligence, you make seek compensation to hold wrongdoers accountable. Our attorneys have experience in interpreting nursing home agreements and know when our clients are being mistreated.

Our consultations are always free and confidential. Please call our office located in downtown Chicago, Illinois for a free consultation at (312) 384-1920 or visit our website for more information.

What is considered medical malpractice and when can medical providers be held liable in Illinois?

January 26, 2021/in Blog/by Yao Dinizulu

CHICAGO, IL – If a patient is harmed as a result of negligent medical treatment in Illinois, the doctor, hospital or other medical providers may be held liable for medical malpractice. Physician’s in Illinois are expected to provide care according to a certain care, also known as the standard of care. When they stray away from that standard and cause injury to a patient, further illness, or death, it is considered medical malpractice.

What Constitutes Medical Malpractice in Illinois?

Medical malpractice involves any deviation in the standard of care that medical providers owe to their patient. The most common types of medical malpractice claims include:

Diagnostic Errors
Medication Errors
Surgical Errors
Anesthesia Errors
Hospital Malpractice
Emergency Room Malpractice
Birth Injuries or Obstetrical Negligence
Unauthorized Treatment
Breach of Doctor-Patient Confidentiality
Unnecessary medical treatment or procedures

Illinois Statute of Limitations for Medical Malpractice Lawsuits

A “statute of limitations” refers to the law that sets a time limit on the right to file a lawsuit. Statute of limitations vary, meaning there are different deadlines for different types of cases.

In Illinois, the statute of limitations to file a medical malpractice lawsuit in Illinois is generally two years from the date the claimant knew or reasonably should have known of the injury. If a patient is under the age of 18 when the alleged medical malpractice occurred, the statute of limitations extends to eight years from the alleged act or omission; however, an act cannot be filed after the minor claimant’s 22^nd birthday. If the claimant is mentally incompetent, the statute does not begin to run until the disability is removed.

If medical malpractice results in death, the wrongful death two-year statute of limitations period begins to run on the date of the decedent’s death.

Damages for Medical Malpractice Claims in Illinois

The plaintiff must prove the defendant is liable for medical malpractice for it to be ruled in their favor. In this case, he or she may be able to collect money damages for: medical expenses, pain and suffering, lost wages, household services, and permanent disability and disfigurement.

Some states place damage caps on noneconomic damages (such as pain and suffering), but Illinois does not have any damage caps on medical malpractice damage awards.

Liability Issues Involved in Illinois Medical Malpractice Claims

Illinois follows a form of modified comparative negligence, where a medical malpractice action is barred only if the claimant’s contributory fault is more than 50% of the proximate cause of the injury or damage for which recovery is sought. If the claimant is less than 50% at fault for the injuries, he or she may still pursue a medical malpractice claim, but the financial recovery is reduced in proportion to the claimant’s percentage of fault.

Defendants in an Illinois medical malpractice lawsuit are jointly and severally liable for all damages. In other words, if there is more than one negligent party (such as a doctor and hospital), the plaintiff may file a malpractice claim seeking full recovery from any defendant.

There are legal issues involved with Illinois malpractice claims which makes them complex and involves a comprehensive factual investigation. It’s important to consult with a skilled Illinois medical malpractice attorney as soon as possible to review your case. If you or someone you loved has been injured due to a medical providers negligence, please contact the experienced medical malpractice attorney’s at Dinizulu Law Group, Ltd. We understand the process can be difficult and stressful which is why we offer medical malpractice consultations for free. Please visit our website for more information.

Is it safe to drive after taking an over-the-counter (OTC) or prescription medication?

January 14, 2021/in Blog/by Yao Dinizulu

CHICAGO, IL – Everyone knows how dangerous it is to consume alcohol or drugs before getting behind the wheel; however, a drug that’s often overlooked is over-the-counter (OTC) or prescription medications. Some medications you may not think twice about have side effects that can put you and others at risk on the roadway.

Common Medication Side Effects

If you have recently taken medication, it’s important to check if you feel any side effects before getting behind the wheel. Some common side effects include:

Dizziness
Sleepiness/drowsiness
Fatigue
Inability to focus or pay attention
Delayed reaction time
Blurred vision
Fainting

Some people may experience side effects while others may not feel any at all. Side effects can last for short periods of time or they may last for several hours. Stronger medications or ones that have an extended-release property can affect someone throughout the following day. Some medicines have a warning to not operate heavy machinery, including driving a car.

Medications That Can Affect Driving

The U.S. Food and Drug Administration (FDA) lists drugs that could make it dangerous to drive, including:

Opioid pain relivers such as oxycodone, codeine, and morphine or any product containing codeine
Prescription drugs for anxiety: for example, benzodiazepines or Valium
Anti-seizure drugs (antiepileptic drugs) like lorazepam
Antipsychotic drugs, such as risperidone
Some antidepressants like Zoloft or Lexapro
Cold remedies and allergy products (both prescription and OTC), such as Nyquil and Benadryl
Muscle relaxers like cyclobenzaprine
Medicines that treat or control symptoms of diarrhea, such as Imodium
Medicines that treat or prevent symptoms of motion sickness like Bonine
Diet pills, “stay awake” drugs, and other medications with stimulants (e.g., caffeine, ephedrine, pseudoephedrine)
CBD products

Effects of Sleep Medicine

For people who struggle with insomnia and falling asleep, they may take medication to help them sleep. A widely used ingredient in prescribed sleep medication is zolpidem, which belongs to a class of medications called sedative-hypnotics. The FDA has found that medication that contains zolpidem, especially extended-release medications, can impair a person’s driving ability and daily activities the next morning.

People who take sleep medicine should talk to their doctor about ways to take the lowest effective dose.

How Allergy Medicines Can Affect Your Ability to Drive

Many people who have allergies, and for those who take medications containing antihistamines, these medicines can interfere with driving and operating heavy machinery, including driving a vehicle. Antihistamines slow a person’s reaction time, can make it hard to focus or think clearly, and make cause confusion or drowsiness.

It’s important to read the OTC Drug Facts label of medicine to understand warnings before consuming it. Avoid drinking alcohol or consuming other medications that contain antihistamines as it can increase the side effects.

It’s important to inform your health care provider of the products you are taking, including prescription, OTC, and herbal products. If you notice any side effects, let your doctor know about these. Always follow directions for use and read warnings on medication packaging and handouts from the pharmacy.

Involved in an Accident?

If you were involved in an accident by someone who was experiencing side effects from medication, please call our office today to learn your legal rights. The skilled attorneys at Dinizulu Law Group, Ltd. have been fighting to protect the rights of accident and injury victims for more than 20 years throughout the Chicagoland area. Contact us today to learn more information.

Who Owns A Nursing Home Can be the Difference Between Life and Death

January 6, 2021/in Blog/by Yao Dinizulu

CHICAGO, IL – During the COVID-19 pandemic, nursing homes have been hit hard with the most vulnerable population and has resulted in death rates spiking. Mathematica Policy Research researched COVID-19 cases and deaths concentrated in certain long-term care facilities including nursing homes and assisted living communities. Findings proved for-profit nursing homes had more than 60 percent more cases and deaths than nonprofit nursing homes.

In Illinois counties that have been hit hardest by the virus, for-profit nursing homes have nearly double the deaths per bed compared to nonprofit facilities.

Last January, Elizabeth Stout was trying to find a place for her brother, John Krok.

Krok, 62, had been struggling with a brain tumor for nearly two years after suffering from a seizure at Jewel supermarket where he worked as a cashier. Krok has undergone numerous medical procedures, hospital trips, and rehab-center stays but ultimately ended up back in the hospital.

Stout recalled only having a few days to get her brother out of the hospital and into a nursing home.

She printed out federal ratings of nursing homes near her brother’s house on Chicago’s Northwest Side. She saw two facilities with high ratings for a sufficient amount of staff to care for residents – both of which were owned by nonprofit organizations. After touring the facilities, she tried to get her brother admitted.

He was rejected from both because Krok was reliant on Medicaid, a government funding program that pays for long-term care for those who cannot afford it.

Stout looked at Fairmont Care, a facility with lower staffing ratings but welcomed Medicaid recipients.

Stout had no knowledge and no way of knowing that Fairmont’s main proprietor was among the state’s least effective nursing home owners at protecting residents from COVID-19.

Krok was transferred from a hospital to Fairmont Care on January 27. He was placed with a roommate who had a hacking cough that later tested positive for COVID-19.

Soon after, Krok developed pneumonia in both lungs. Fairmont sent him to the hospital where he tested positive for the virus.

When Krok caught COVID-19, the virus had just begun to take hold of the Chicago area and other parts of Illinois spreading rapidly in nursing homes. Nearly a year later, and the virus is continuing to spread at high speeds. Nursing home residents now account for 8,297 deaths in Illinois.

The coronavirus spread through long-term care facilities in Illinois has not been even: nursing homes that operate for profit have had more infections and deaths per bed than nonprofit facilities. For profit nursing homes have had nearly double the death rates as nonprofit facilities.

Advocates for nursing home residents and staff members say Illinois should focus more on holding owners accountable for packing elderly and frail people into poorly staffed facilities where the virus can quickly spread.

Staff Shortage and Overworked

Fairmont Care, the facility that took in John Krok, has some of the worst COVID-19 numbers among nursing homes in Illinois. In January 2020, it average 152 occupied beds. By November, state public-health regulators had recorded 155 infections and 32 deaths tied to the facility. Fairmont had more COVID-19 deaths per occupied bed than 95 percent of the state’s 758 long-term care facilities.

Elizabeth Stout, Krok’s sister, was not concerned about the care her brother was received at Fairmont. She praised a social worker, physical therapist, and nurse practitioner for going above and beyond to facilitate a Zoom call for Krok’s birthday with family members.

What concerned Stout was the staffing levels for day-to-day care that residents required.

“I don’t believe during his entire stay that he was walked to the bathroom,” she said. “It was either a bedpan or bedside commode.”

When COVID-19 swept through Illinois nursing homes, many Fairmont staff members got sick. The facility’s management said it directed others to work double shifts and brought in temporary nurses from staffing agencies.

Stout said eventually staff members stopped moving her brother from the bed – even for meals. She also had a hard time reaching any Fairmont managers.

The federal government rated Fairmont’s staffing levels as average or below average compared to nursing homes nationwide during the four quarters prior to the pandemic.

Fairmont staff members admitted to Stout that they were overstretched, mentioning they would arrive in her brothers room to take vitals or put a meal tray down before they had to rush to care for the next resident.

When Fairmont sent Krok back to the hospital with pneumonia, he arrived without medical charts. She found this out when the hospital called her to see whether his symptoms were from a stroke. Without his charts from Fairmont, the hospital lacked the most basic information about his condition, including that he had a brain tumor.

Krok begged the hospital not to be returned to Fairmont, but he eventually was.

The Centers for Disease Control and Prevention (CDC) and the National Healthcare Safety Network (NHSN) has a module on their website that provides healthcare facilities, such as long-term care facilities, with a customized system to track infections and prevention process measures in a systematic way.

It’s important to research nursing homes before deciding which is the best to place your loved one in. Medicare offers a tool that allows you to compare nursing home quality by the following criteria:

Five-Star Quality Rating
Health inspections
Nursing home staffing
Quality measures
Fire safety inspections

If you believe your loved one is being abused or neglected by their nursing home facility, please contact an experienced attorney at the Dinizulu Law Group for a free consultation today at (312) 384-1920. You can visit our website for additional information.

Reflections in 2020

December 29, 2020/in Blog/by Yao Dinizulu

2020 is certainly a Year of Reflections. While all of us have had to make sacrifices this year, it’s always important to reflect on the past its meaning and the future. First and foremost, I pray that your families are healthy and well and have not been harmed during this pandemic. Personally, knowing many of you, I know that some of you have lost family members and loved ones. We must collectively reflect on life’s highs and lows and look forward to better days – living out our purpose. In reflecting on life’s promise and living out my purpose, I conclude I have much to be thankful for. I owe it all to you who have supported me throughout the decades and especially this last year.

I began 2020 trying a medical malpractice case against a local hospital for a beautiful little girl who was not timely diagnosed with meningitis. After a nearly 5-week trial, we were able to get justice for baby Ahlanie and her family on March 6, 2020. I can’t thank enough the parents of our client who entrusted their case with us so we could fight for the justice she deserved. I’m also thankful to my internal staff and trial team who put in countless hours, and are pictured here:

(As seen left to right: Gregg Luther, Edward Washington II, Yao O. Dinizulu, Don Keenan & Craig Sandberg)

Within 7-days of our trial completing, Illinois was shut down and placed on a stay-at-home order. With the state shut down to only essential workers, much of our office was influx as we learned to navigate this new world that we currently find ourselves in. When speaking to several of my colleagues, I learned many firms shut down because they were no longer receiving the business they once were. However, we persevered because we continued to receive your unwavering support as your Advocates for Justice. Not only did we maintain our stability, but we added to the foundation of our firm and have been able to continue to provide our community the results your loved ones deserve.

During this year, our attorneys were asked to speak at several seminars and conducted numerous presentations. Our Associate Brian Orozco was asked to speak as a panelist at his alma matter DePaul University for the 17^th Annual Latino Forum. Brian had the opportunity to speak to current law students about his experience in law and offer his advice based on his experience as a practicing attorney.

(Pictured: Associate Attorney Brian Orozco)

In July, Attorney Dinizulu was asked to present to a national audience on trying a medical malpractice case and the sophisticated techniques used to receive a favorable resolution.

In October, Mr. Dinizulu moderated a panel on Race and the Law. He was joined by esteemed panelists Plaintiff’s Attorney/Registered Nurse (RN) Vivian Tarver-Varnado, General Counsel and soon-to-be Deputy Mayor of Gary Indiana Trent McCain, and Clinical Assistant Professor at the University of Chicago Dr. Sonya Dinizulu. The participants discussed how race has affected the practice of law. The discussion ranged from appellate practice, to jury selection, trial teams, expert witnesses, and the treatment of people of color by medical experts.

(As seen from left to right: Vivian Tarver-Varnado, Trent McCain, and Sonya Dinizulu)

Major protests were sparked at the end of May following the death of George Floyd.

Black Lives Matter and supporters went on to organize protests around the world including an estimated 15 to 26 million people in the United States participating in demonstrations over the death of George Floyd, Breonna Taylor, Rayshard Brooks, Botham Jean, and countless others in the following weeks and months. The fight is not over.

These efforts for equality and civil rights for people of color would make recent protests the largest movement in U.S. history. Mr. Dinizulu participated in a protest with his family arranged by Jack & Jill in solidarity to end police brutality and systemic racism.

(Pictured below: Attorney Yao O. Dinizulu marching with his family in a Jack & Jill protest in June)

With 2020 coming to a close, the Dinizulu Law Group, Ltd. would like to thank you for all of your unwavering support. We hope you and your family have a safe and healthy New Year.

Remember to VOTE Georgia Blue for Raphael Warnock and Jon Ossoff in the upcoming senatorial elections on January 5.

Columbus, Ohio officer who killed Andre Hill has been fired

December 29, 2020/in Blog/by Yao Dinizulu

CHICAGO, IL – Adam Coy, the Columbus, Ohio, police officer who shot and killed Andre Hill was fired on Monday.

A disciplinary hearing was held earlier in the day following Coy’s termination. The local chapter of the Fraternal Order of Police represented Coy at the hearing.

Last Tuesday, Coy fatally shot Hill, who was Black, within seconds of their encounter. Hill walked toward Coy with an illuminated cell phone in his hand, body camera footage shows. Hill was unarmed.

“The information, evidence, and representations made by Chief (Thomas) Quinlan as the investigator are, in my opinion, indisputable. His disciplinary recommendation is well-supported and appropriated,” Pettus said. “The actions of Adam Coy do not live up to the oath of a Columbus Police officer, or the standards we, and the community, demand of our officers.”

Quinlan said in a statement Monday the evidence against Coy provided “solid rationale” for termination.

Quinlan sought termination because he said Coy shot Hill and failed to activate his body-worn camera when he responded to the call or render aid after shooting Hill. Coy turned his camera on after the shooting.

Mayor Andrew Ginther appalled Quinlan’s decision to fire Coy. Ohio’s Bureau of Criminal Investigation is also reviewing the case for potential criminal charges.

The actions of Coy and other investigators who were at the scene will continue to be investigated. Hill’s family and attorney Ben Crump said in a statement it was “the correct decision” to fire Coy.