Dinizulu Law Group | Dinizulu Law Group, Ltd

Surgery is the 2nd Most Common Reason for Medical Malpractice Claims

March 9, 2020/in Blog/by Yao Dinizulu

CHICAGO, IL – According to a new report from medical liability insurer Coverys, surgery is the second most common cause for medial malpractice claims against doctors. Surgery not only puts the patient at risk, but it also poses a risk to doctors in terms of medical malpractice claims.

Coverys analyzed closed medical malpractice claims from 2014 to 2018 and found surgery-related claims accounted for nearly 25 percent of cases. Diagnosis-related claims accounted for 32 percent, which resulted in more malpractice cases.

Surgeons are a Major Factor in Malpractice Claims

The majority of malpractice claims showed 78 percent, or 2,579 surgery-related claims due to practitioner performance during surgery. All phases of the surgical process, including the care and decision making leading up to and following the surgery, can lead to a malpractice case, according to the report.

Top claims included general surgery (22 percent), orthopedic surgery (17 percent) and neurosurgery (8 percent), making up nearly the 50 percent threshold of surgery-related claims.

29 percent of injuries sustained from surgery were considered “permanent significant,” and 9 percent resulted in a patient’s death. Nearly 39 percent of claims alleged a lack of technical skill of the surgeon; furthermore, 27 percent allege a failure in clinical judgement and/or communication.

Before a surgery begins, physicians have the responsibility to ensure a patient’s participation and understanding of shared decision making. Surgeons are required to document informed content discussions in medical records; however, some physicians require to meet this standard.

Surgeons and insurance companies want to prevent medical malpractice claims because it will cost money, do damage to their reputation, and cause harm to a patient. These concerns are minor compared to the burden a patient must bear after suffering an injury during surgery.

Preventing Surgery Related Malpractice Claims

Coverys offers recommendations to healthcare systems and how they can improve outcomes that prevent surgical mistakes that can be catastrophic, and in some instances, deadly, including:

Physicians should work with patients to develop an understanding of why certain decisions are made by medical professionals and risks involved in certain decisions and procedures.
Surgeons should document informed consent with patients in their medical records. The patients response and any questions should also be included.
Operating rooms should be distraction-free including limited conversation, turning cell phone ringers off, no music, and banning visitors or observers while a procedure is taking place.
Hospitals should adopt similar guidelines to the aviation industry that mandates pilots that pilots cannot perform non-essential duties during high-risk activities.

There is a predominant issue in the medical field that involves distractions in operating rooms, which could furthermore lead to a surgical mistakes or death.

Are You a Victim of a Surgical Error?

There is no doubt that any surgery comes with risks; however, the risks should not include carelessness, distraction, or negligence. Many surgical errors are preventable, but hospitals and doctors must do everything they can to eliminate distractions and communicate to the best of their ability.

Failure to adhere to the standard of care is a violation of your rights of a patient. If you suffer from harm as a result of medical malpractice, you should contact an attorney immediately about your rights and options to pursue compensation. At Dinizulu Law Group, we work regularly with clients who have had to endure pain and suffering and catastrophic injuries due to a surgeon or hospital error. We help victims who are suffering from the negligent behavior of nurses, doctors, surgeons, and hospital healthcare systems.

If you have concerns regarding the care you received or the outcome of a surgical procedure, we can help. At Dinizulu Law group, our team of legal and medical professionals will review your situation and help determine if you have a medical malpractice claim. To get started, request a free consultation by calling us at (312) 384-1920.

Tips for a Memorable Fourth of July

July 1, 2019/in Blog/by Yao Dinizulu

The Fourth of July is a day that you get to enjoy quality time with family and friends, enjoy delicious food, and celebrate the independence of our nation. With the Fourth of July quickly approaching, it’s important to keep in mind a few safety tips so your day is memorable for the right reasons.

Alcohol Safety
Operating a Motor Vehicle

Over 34 million Americans are expected to travel over the course of Fourth of July weekend. The Fourth of July is one of the deadliest days for drunk driving. July 4 has the second highest percent of car crash deaths linked to alcohol where deaths involved blood alcohol content of 0.08 g/dL or more (Fatality Analysis Reporting System).

Even if you’ve had one drink, do not drive. As you know, law enforcement agencies are highly populated across the country on this holiday. By drinking and driving, you put not only yourself, but other innocent people at risk too. DUI checkpoints are enforced across the country along popular routes. Order an Uber or assign a designated driver for the night.

Weather
If you’re planning to drink outside, especially during the day during peak hours of high temperatures, remember to stay hydrated. Heat exhaustion or a stroke can happen quickly and suddenly, so be aware of how you feel and be on the lookout of your friends that show signs of nausea, fatigue, faintness and dizziness.

Firework Safety
Nearly 280 people go to the emergency room every day with firework-related injuries around the weekend of July 4. Please ensure that fireworks are legal in your area before purchasing or using them.

There should always be an adult supervising the use of fireworks. Place fireworks on dry, flat surface and never stand directly over a firework while lighting the fuse. Immediately back up a safe distance after lighting the firework. Never point or throw fireworks at a person and keep a bucket of water nearby in case of an emergency.

Children ages 10-14 have the highest rate of firework-related injuries.

Pool Safety
An adult should supervisor any child that is going to be around a pool or any body of water. It can be easy for risks to go unnoticed while mingling with a large crowd that’s preoccupied enjoying their time.

Children should be supervised at all times. Keep floatation devices nearby for quick response if someone needs help in the water. Young and inexperienced swimmers should wear U.S. Coast Guard approved life jackets.

Pet Safety

One in five pets go missing from fear of loud noises of fireworks, thunderstorms, and other loud-related noises during the July 4^th weekend according to the American Society for the Prevention of Cruelty to Animals. July 5^th is one of the busiest days of the year at animal shelters because of pets running away on July 4^th.

Make sure your animal’s identification tags have your up-to-date contact information. If your pets are microchipped, make sure this information is also up-to-date. If your animal is not microchipped, consult with your veterinarian about this process which greatly improves the chances of finding your animal if they were to ever become lost. Take a current photo of your animal just to be on the safe side.

If you know you are likely to pay attention to your pet because you’re busy entertaining or mingling, make sure they are in a safe, gated area. When setting off fireworks, keep your pet inside and away from anything flammable. Please note just as you get hot from the sun, hot temperatures can be dangerous for your animal, too.

Grill Safety
It’s the best day of the year to grill out and BBQ, but there are a few things to keep in mind. When using your grill, make sure it is away from your home and out from under any branches or overhangs. Remove any grease of buildup in trays to avoid being ignited. Do not let children or pets near the grill and avoid wearing any loose clothing that can catch fire while grilling.

Above all, have a safe and memorable Fourth of July holiday from the Dinizulu Law Group.

A New Way to Get Around Town

June 20, 2019/in Blog/by Yao Dinizulu

CHICAGO, IL – Over the weekend, the city of Chicago launched a pilot program of electronic scooters to see if they serve as a viable means of transportation for Chicago residents. More than 2,500 scooters through 10 different companies – including Bird, Bolt, Lyft, and Spin – are part of the program. The four month pilot program launched on Saturday the south west side.

Electric scooters push scooters with electric motors, allowing riders to stand upright while controlling the speed using a throttle and brakes. Rather than paying for an Uber or Lyft, the electric scooter could provide a new way for commuters to get to and from work, among various different locations.

Overseeing the program is the Department of Business Affairs and Consumer Protection and the Chicago Department of Transportation. They hope to keep e-scooters out of the Loop and away from traffic. Just as the city has biking lines, scooter rides are suppose to ride in these lanes, as well.

On the first day of the pilot program, 10 companies reported surpassing 1,200 rides.

Areas the e-scooter perimeter is between Irving Park Road on the north, city limits and Harlem on the west, the Chicago River and Halsted Street on the east, and the river on the south.

If a rider tries to bring the scooter downtown, it will actually slow down and eventually shut down according to co-founder of VeoRide, Candice Xie.

The rider is required to provide a photo of the scooter properly parked before ending their fare.

The trial run continues now through October 15. The city of Chicago will then asses feedback before making a decision whether this option would be good for residents of Chicago.

3 Little-Known VA Pensions: Do You Qualify?

June 14, 2019/in Blog/by Yao Dinizulu

CHICAGO, IL – Are you or a loved one a veteran or a surviving spouse? The VA offers many benefits; however, there are hundreds of thousands of veterans and/or surviving spouses that are eligible for these little-known VA benefits. These funds are used for assisted living at many facilities and for at-home care. Please consult an adviser to see if you or a loved one qualifies for the following VA benefits.

There are three levels of VA benefits called Pensions:

Basic Pension/Improved Income – healthy veterans with low incomes over the age of 65
Aid & Attendance – veterans over the age of 65 that require assistance with daily living activities
Housebound – veterans with a disabling rate of 100% that prevents them from leaving their home, but doesn’t have to be related to their military service

Aid & Attendance and Housebound pension benefits provide an additional monthly income over and above the Basic Monthly pension. To be eligible for either pension, the individual must meet the requirements for Basic Pension. The Aid & Attendance Pension benefits eligible veterans and their surviving spouses, or just the spouse in the event of a veteran’s death, to pay for the assistance they need in an everyday function. This includes eating, bathing, dressing, and medication management.

It’s important to note that potential eligibility conflicts between pensions and other assistance may arise. There are complex financial considerations for Aid & Attendance eligibility; however, the general requirements listed below must be met by the veteran or the surviving spouse:

Age – Veterans or surviving spouses must be 65 years old, or officially disabled if younger
Period of Military Service – Veterans must be considered “war time” veterans, meaning they served at least 90 days and served at least 1 day during the wartime dates listed below; this does not necessarily mean in combat:
- World War II: Dec. 7, 1941 – Dec. 31, 1946
- Korean War: June 27, 1950 – Jan. 31 – 1955
- Vietnam War: Aug. 5, 1964 – May 7, 1975 (or Feb. 28, 1961 – May 7, 1975 for Veterans who served in Vietnam)
- Gulf War: Aug. 2, 1990 – Undetermined
Discharge Status – Veterans cannot have been dishonorably discharged.
Disability Status – Veterans are eligible without a disability; however, a higher benefit is available to those who are disabled.
- Aid & Assistance Eligibility – veteran must require help with daily activities at home, in nursing homes, or assisted living. The need for that help does not have to be related to service in the military.
- Housebound Eligibility – veteran needs to have the disability rating of 100% that prevents them from leaving their home. The disability does not have to be related to their military service.
- Basic Pension/Improved Income Eligibility – no disability requirement.
Marriage Rules – a surviving spouse must have been living with the veteran at the time of their death and must be single at the time of a claim.

Medical-related expenses include skilled nursing, assisted living, adult day centers, and at-home care. Medicare and other insurance premiums, as well as prescriptions that may not be covered by insurance, should be included as medical-related expenses. Please check out how the VA calculates income here.

When calculating assets, the VA allows a veteran to deduct the value of their homes and vehicles; in addition, the VA looks at the applicant’s overall net worth in addition to their income. Net worth accounted for includes assets in bank accounts, stocks, bonds, mutual funds, and property, plus furnishings and personal effects, such as clothing.

VA Pensions can be used to pay family members who are the caregiver of a veteran or survivor (with the exception of spouses). Care expenses can be deducted from their income. Veterans’ spouses are not considered since joint income is calculated as household income.

The downside to these VA Pensions is it can be a lengthy process. Applicants can expect to wait 9-12 months before receiving their benefits; however, there are loans available to help pay for care while claims are being processed. Please consult an adviser to learn more about VA Pensions and Benefits.

Chicago Nursing Home Facing Allegations of Nursing Home Neglect

June 6, 2019/in Blog/by Yao Dinizulu

CHICAGO, IL – Mayfield Care Center, a nursing home in Chicago, is facing allegations of nursing home neglect. Due to a staff shortage, residents have been left neglected and been living in poor living conditions.

According to CBS, Stan McKinney and his sister Geraldine believe Mayfield Care Center contributed to the death of their mother, Dorothy. This isn’t the first time Mayfield Care Center has been put into question. Stan McKinney recalled the times he would visit his mother and stated, “It was just the smell of death. It was gross neglect. I’ve gone when she was just on a mattress. There was no linen.”

Geraldine McKinney witnessed on multiple different occasions her mother being nude walking around on the floor she resided on. The McKinney’s wrote letters to Mayfield’s managers detailing what they witnessed and the neglect their mother was receiving. Dorothy McKinney passed away in 2017 from a staph infection after being neglected and suffering from severe bed sores.

Staff shortage has caused employees to be responsible for 40 residents, sometimes up to 70 leading to residents receiving improper care and neglect.

Mayfield Care Center has been sued nearly 50 times with most cases ending in settlements. According to the Illinois Department of Professional Regulations, Mayfield has been cited for insufficient nursing staff and has been investigated for several complaints but cited for none.

Studies conducted by the National Council on Aging estimate every 1 in 10 Americans over the age of 60 have experienced some form of elder abuse. There is 1-2 million cases of elder abuse per year; only 1 in 14 cases of abuse are reported to authorities.

Elder abuse includes physical abuse, emotional abuse, sexual abuse, exploitation, neglect and abandonment. The National Council of Aging (2018) suggested the most common warning signs of elder abuse, (but are not limited to):

Physical abuse: bruises, broken bones, abrasions, burns
Emotional abuse: unusual depression, strained relationships, withdrawal from normal activity, sudden change in alertness
Financial abuse and exploitation: sudden changes in financial situation
Neglect: bedsores, weight loss, poor hygiene, unattended medical needs
Verbal abuse: threats, use of power to control individuals

If you suspect a loved one is suffering from elder abuse in a nursing home or other long-term care facility, please contact Dinizulu Law Group immediately. We take allegations very seriously, and will work diligently until your case is resolved and your loved one is out of harm’s way. Please call us at (312) 384-1920 or visit our website for more information.

Nursing Home Neglect: “Granny Cams” in Long-Term Facilities

May 30, 2019/in Blog, Elder abuse/by Yao Dinizulu

CHICAGO, IL – Nursing home abuse is a serious issue that as many as 10 percent of seniors reported experiencing according to the National Center on Elder Abuse. As staff members work longer hours and are understaffed, stressful situations arise and begin to take a toll on nursing home staff often leading to neglecting or even abusing patients.

Having the ability to monitor your loved ones gives family members a peace-of-mind and allows the ability to keep an eye on caregivers; in addition, it can be helpful for family members to observe if caregivers are using improper techniques that may injure a patient or serve as evidence if abuse is found.

As more states are beginning to pass legislation to govern the use of cameras in long-term care facilities, otherwise known as “granny cams,” it is important to note there can be requirements when using the camera. Louisiana is the last state to pass this legislation preceding Illinois, New Mexico, Oklahoma, Texas and Washington, if both the resident and roommate have consented. Each state law differs from the next addressing concerns of consent, notice requirements, assumption of costs, penalties for obstructing or tampering with the camera, and access to recordings.

Some nursing homes may have requirements due to the language in their admission contracts. For example, Utah permits cameras in assisted living facilities while New Jersey doesn’t have a law specifically allowing the use of recording cameras; however, has a program that lends cameras to families who suspect abuse or neglect.

If you suspect abuse or neglect, get help immediately. If your state does not have a law or rules regarding the use of cameras in long-term care facilities, or if you have questions about their use, you should consult an attorney to discuss your rights and options.

The Dangers of Truck Accidents in Illinois

May 23, 2019/in Blog, Trucking accident injury law/by Yao Dinizulu

CHICAGO, IL (May 23, 2019)– As more licensed drivers and motor vehicles enter the roadway, it’s no surprise the number of traffic fatalities and injuries will steadily increase over time. The Illinois Department of Transportation reported that tractor-trailers contribute to roughly 11,000 accidents, including 106 accidents being fatalities (2016). Large trucks contribute to a staggering 13 percent of car accidents that occur within Illinois.

Commercial trucks include tractor-trailers hauling freight, construction vehicles, delivery trucks, emergency service vehicles and so forth. As the demand and use of trucks increases, it is important to note that smaller passenger vehicles are simply outweighed by heavy-weighted trucks. Nearly 80 percent of crashes involving trucks take place during the day in clear weather.

Trucks pose an inherent danger to other drivers on the road; in fact, there are specific laws and regulations in place at the federal and state level to ensure truck drivers are properly trained and meet certain standards that qualify them to drive a tractor trailer. Some basic standards all drivers must meet include being tested for drug and alcohol use, how often drivers are driving per day, passing a DOT physical that tests your eyes, ears, overall well-being. Other basic standards include obtaining a valid Commercial Driver License (CDL), all drivers must pass an endorsement test depending on the type of CMV that will be driven, and the truck must pass an air brakes test (Federal Motor Carrier Safety Administration, 2019).

Due to the pressures to meet company deadlines, trucking companies and drivers violate the safety rules and regulations put in place to protect us all from harm. A study conducted by the FMCSA found that over 66 percent of crashes involving trucks involved regulatory, brake, or marking violations. A trucking company could also be held accountable for “negligently hiring” an unfit driver who was not properly trained or a had bad driving history and caused a crash.

In the event that a loved one is killed in a trucking accident, family members may pursue a wrongful death claim. The Wrongful Death Act (740 ILCS 180/0.01) states whenever the death of a person shall be caused as a wrongful act, neglect or default of others, a person can pursue the negligent party at fault to recover any loss or damages due to their loved one’s death. Personal injury lawsuits following a truck collision intend to compensate the victim or their loved ones for harm resulting from the negligent acts of the trucking company providing damage of death, disfigurement, paralysis, burns, loss wages, medical costs and pain and suffering.

The statute of limitations limit how long you have to file a lawsuit. As such, it is important that you inquire with an experienced attorney immediately to preserve your legal rights. Our, experienced truck accident attorneys at Dinizulu Law Group, Ltd. will identify the help you need. With more than 50 years of combined experience, our legal team has protected and brought justice to victims and their families throughout Chicago and Illinois. Due to limitations and regulations, trucking accidents differ from car accidents and our attorneys will need to begin working on the case right away. Reach out to us online or by calling 312-384-1920 to further discuss your legal options.

Nursing home neglect, nursing home abuse, Chicago

How Payroll Records Can Help Prevent Nursing Home Neglect

March 1, 2019/in Blog, nursing home neglect/by Yao Dinizulu

The Centers for Medicare & Medicaid Services (CMS) is now doing more to crack down on understaffing in nursing homes. By passing a payroll records submission requirement for nursing homes that went into effect in April of last year, CMS now has a better method to judge which facilities are truly understaffed. Prior to this rule, CMS simply asked nursing homes to check a box when asked about their staffing levels.

By requesting payroll records, CMS is forcing nursing homes to provide evidence-based documentation to show staffing levels. CMS has a rule that requires nursing homes to have a registered nurse on site for at least eight hours every day. When these payroll records were analyzed, there were serious gaps in skilled nursing facility staffing in comparison with what was reported in previous years. As a result of their findings, CMS hit almost 1,400 facilities with one-star ratings for staffing coverage. Ratings for nursing homes you may be considering can be found at Nursing Home Compare.

There is a direct link between understaffing and the quality of care residents receive at a nursing home. Nursing home neglect is often found in understaffed facilities. While this new directive instructs inspectors to more thoroughly evaluate staffing at facilities CMS flags, the quality of care at many facilities won’t change overnight, nor will there be a flurry of unannounced inspections. Instead, Medicare wants heightened focus on nursing homes from inspectors when they come in for their routine reviews, which are scheduled roughly once a year for most facilities.

If you or your loved one is suffering in a nursing home, today you don’t need to wait for CMS to act. If your mom or dad is at an understaffed nursing home that didn’t properly care for your loved one and caused them injury, know that there are options for you and your family. The Dinizulu Law Group, Ltd. can represent you and help you collect full and fair compensation from those who have harmed your loved one. Our verdicts and settlements have helped many get the needed medical treatment and arrive at a place of relief and stability. Our Chicago nursing home neglect attorneys are here to help. Contact us at 1(312) 384-1920 or 1 (800) 693-1LAW.

Chicago Truck accident by overloaded cargo

Truck Freight Tonnage Highest in 2018 – What It Means for Highway Safety & Truck Accidents

February 11, 2019/in Blog, Car accident injury law, Trucking accident injury law/by Yao Dinizulu

In 2018, the amount of cargo carried by the for-hire trucking industry rose 6.6 percent from 2017. This gain is the largest year-by-gain in freight tonnage since 1998.

As the trucking industry continues to transport larger loads of cargo, it is important to be mindful of the safety standards that come into play. Because a heavier and larger vehicle will take longer to stop, it is important that truck drivers and the trucking industry are properly following these rules put in place by the Federal Motor Carrier Safety Administration (FMCSA). These rules are:

Cargo loads must be properly secured following the respective industry standards.

A cargo load must not exceed the weight requirements for the particular truck the cargo is being loaded onto.

The truck driver, as a part of his shift, is required to inspect the cargo load, and make sure it’s securely loaded prior to driving that truck. Remember, truck drivers are required to undergo cargo safety training as part of their truck driver training in order to obtain a CDL license.

That being said, many trucking companies choose to bypass regulations for personal gain. These companies may take on more deliveries than they can safely complete. Or they may overload a truck beyond its maximum weight capacity.

When the trucking industry engages in such reckless practices, they are endangering the lives of their employees as well as everyone who shares the roads with trucks. When these companies make deliberate choices that compromise the safety of their truck drivers and others on the roadways, these companies must be held accountable before the law.

Imagine not being able to work or send your child to college due to an accident injury that’s caused by someone else’s negligence. No one who has suffered harm through no fault of their own should have to go through this. Our Chicago truck accident attorneys are here for you. Contact us at 1 (312) 384-1920, or 1 (800) 693-1LAW, or by email for more information. With over 50 years of combined experience, we will fight for your full and fair compensation.

prescription-medicine_nursing home abuse

Sedating Residents Suffering From Dementia is Nursing Home Abuse

February 4, 2019/in Blog, nursing home neglect/by Yao Dinizulu

A study by the Human Right Watch finds that 179,000 nursing home residents are being given antipsychotic drugs, even though these residents don’t have schizophrenia, bipolar disorder, or other serious mental illness these drugs are designed to treat.

What’s troubling is that these drugs are being given to residents with dementia. These antipsychotic medications come with a black box warning from the FDA, specifically stating these drugs shouldn’t be given to dementia patients. This black box warning is because antipsychotic drugs have been shown to increase the risk of death in patients with dementia.

Yet this is exactly the type of residents nursing homes are targeting with these medications. Almost 300,000 nursing home residents get these drugs. Rather than taking proper measures, such as investing in training programs, developing care plans that address behavior linked with dementia, or hiring staff qualified to work with dementia patients, many nursing homes are instead sedating patients to make them docile. In understaffed nursing homes, this practice is even more common.

Such nursing homes are essentially willing to play dice with their residents’ lives rather than providing quality care and hiring adequate staff. Undermining the entire service of their profession—which is to care for their residents—such nursing home are succumbing to awful practices to essentially control their residents.

If you or your loved one in a nursing home is injured due to a medication you believe was unnecessary or wrongfully given, know that there are options for you. Our Chicago nursing home abuse attorneys have helped over thousands of wronged victims get the justice they deserve. With over 50 years of combined experience, our verdicts and settlements have reached have helped many get peace of mind and arrive at a place of security. Call the Dinizulu Law Group, Ltd. at 1 (312) 384-1920 or 1 (800) 693-1LAW to schedule a free, initial consultation.