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

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.

Boeing Indefinitely Suspends All Production of 737 Max

CHICAGO, IL – Boeing made an announcement on Monday shocked the aviation industry when stating all 737 jets will be grounded in January. This is a drastic step after the Federal Aviation Administration (FAA) said its review of planes would continue into 2020.

Until now, Boeing has continued to produce 737 jets at a rate of 42 per month and purchasing parts from suppliers at a rate of 52 units per month, though deliveries are frozen until regulators approve the aircraft to fly commercially again (CNBC). The grounding of 737 jets will have an effect throughout the aerospace’s supply chain and broader economy. Further problems for airlines may continue, as hundreds of millions of dollars and thousands of flights are canceled.

The 737 Max has been grounded since March after two fatal crashes in Indonesia and Ethiopia killed all 346 on board both flights within a five-month period. Grounding the 737 Max’s has cost the plane manufacturer more than $9 billion so far. Boeing acknowledged the regulators’ review of the planes although it is lasting longer than the end-of-year approval the Chicago-based manufacturer was targeting.

On both deadly flights, a fault sensor caused MCAS to push the plane’s nose down, and pilots were unable to control the plane. Boeing has noted they are now making the nose-down less frequent and powerful by adding redundancy to tie it to two sensors and two computers.

Rep. Peter DeFazio, the chairman of the House of Transportation Committee, said, “This will be the most thoroughly scrutinized fix in the history of the aviation industry.”

“We know that the process of approving the 737 Max’s return to service, and of determining appropriate training requirements, must be extraordinarily thorough and robust, to ensure that our regulators, customers, and the flying public have confidence in the 737 Max updates,” Boeing said in a statement. “The FAA and global regulatory authorities determine the timeline for certification and return to service. We remain fully committed to supporting this process.”

In March, nearly 400 Max planes were in global fleet when regulators grounded the planes. Boeing has continued to produce more than 400 more jetliners, which are currently parked at its facilities in Washington and elsewhere. Going on the 10th month of being grounded, planes have been paused from being delivered to customers, and Boeing said halting production all together would help deliver the stores planes when the grounding is lifted.

It’s unclear when the 737 Max production line will be cleared by regulators to fly again. U.S. airlines have taken the planes out of their schedules until at least March. American Airlines stated they don’t expect to fly the planes before April. Southwest Airlines has extended cancelations from the grounding until April 14, 2020.

Analysts highlight Safran SA and Senior Pic as other suppliers that could experience disruption impacts. Smaller suppliers with smaller cash cushions are more vulnerable to the product pause. Southwest Airlines, the largest 737 Max customer, said last week they had reached a confidential compensation agreement with Boeing for a proportion of a projected $830 million hit to operating income in 2019 from the grounding. According to Boeing, there are no layoffs or furlough expected at this time.

Victims of the deadly crashes were from more than 35 countries aboard Lion Air Flight 610 and Ethiopian Airlines Flight 302. The Dinizulu Law Group offers our deepest condolences to all that were affected by the crashes. The Dinizulu Law Group is located in Chicago, IL where Boeing is currently facing litigation for families affected.

The laws that govern the sky can be complex, which is why it takes a seasoned legal team to successfully represent victims of aviation accidents. It’s important to hire an attorney who has the trial experience and legal resources to tackle the detail-oriented litigation required in cases against airline companies. If you need legal advice related to the loss of a loved one from an aviation accident, our personal injury attorneys can give you answers in a free consultation. To schedule an appointment, please call our office at (312) 384-1920. For additional information, please refer to our website.

Boeing CEO prepared to speak to Congress on mistakes of Max jets on anniversary of Flight 610 Crash

CHICAGO, IL – The CEO of Boeing plans to speak to Congress today, marking the anniversary of first of two deadly crashes involving Boeing’s 737 Max jets. The CEO plans to address the issues and mistakes Boeing has made and what they are going to do to resolve these issues.

“We have learned and are still learning,” Dennis Muilenburg said. “We know we made mistakes and got some things wrong. We own that and are fixing them.”

Muilenburg is scheduled to testify on Tuesday before the Senate Commerce Committee and on Wednesday before the House Transportation Committee. Both committees have investigated the Boeing crashes, in addition to being sued by some of the families of the 346 who died from the Max jets off the coast of Indonesia on October 29, 2018 and in Ethiopia on March 10, 2019.

In a final report, Indonesian investigators stated to the Associated Press that Boeing’s design of the flight-control system “made the plane vulnerable if a single sensor failed, disregarding the aviation industry’s long reliance on redundant systems to prevent disaster.” Lion Air, the operator of the plane, and U.S. regulators who approved the Max jets for flight are also at fault.

Many pilots were not made aware of the flight-control system, called MCAS, until after Lion Air crash. Rep. Peter DeFazio, chairman of the House Transportation Committee, plans to ask why Boeing didn’t inform the Federal Aviation Administration about changes in the development that made the MCAS of the Max more powerful.

On both deadly flights, a fault sensor caused MCAS to push the plane’s nose down, and pilots were unable to control the plane. Boeing has noted they are now making the nose-down less frequent and powerful, by adding redundancy to tie it to two sensors and two computers.

“This will be the most thoroughly scrutinized fix in the history of the aviation industry,” DeFazio said.

Boeing currently conducts safety reviews, which many relatives of the deceased victims want Boeing banned from conducting and leave it up to the FAA inspectors. This would require a major increase in the FAA’s budget. According to DeFazio, there’s roughly 45 FAA inspectors that oversee 1,200 Boeing employees who conduct much of the testing.

Michael Stumo, father of Samya who was on the Ethiopian Airline Max, said, “We don’t think Muilenburg should be CEO anymore. He… minimized it, trying to convince everyone it was a pilot error, everything was fine, it’s a safe plane. Everything so far… has been pointing the finger elsewhere.”

Muilenburg, who was stripped of his title as chairman of the Boeing board, is expected to meet with families of the victims on Wednesday. Boeing said on Monday night, Muilenberg visited Indonesia’s embassy in Washing to offer condolences to the Indonesian people.

In July, Boeing offered $100 million to those affected by the crashes in Indonesia and Ethiopia. Ethiopian Airline Flight 302 was scheduled to fly internationally from Addis Ababa Bole International Airport to Ethiopia to Jomo Kenyatta International Airport in Nairobi, Kenya. Six minutes after takeoff, the aircraft crashed near Bishoftu, killing all 157 people aboard.

Another deadly crash occurred in Ethiopia in October 2018 when a Lion Air aircraft killed 346 people. After investigations concluded, it was said that both pilot flying the Max jets struggled to override an automated system that pointed the plane’s nose down.

Airlines do not expect to resume Max flights until early 2020. As of October 2019, the grounding of Boeing Max jets has cost $9.2 billion in revenue and compensation to airlines and bereaved families. Boeing is currently facing lawsuits from airline pilots and families of victims.

There were people from 35 countries aboard the Boeing Max jets that crashed. The Dinizulu Law Group offers our deepest condolences to those affected by the crashes. The Dinizulu Law Group is located in Chicago, IL where Boeing is currently facing litigation for some of the families affected.

The laws that govern the skies can be complex, which is why it takes a seasoned legal team to successfully represent victims of aviation accidents. The Dinizulu Law Group, Ltd. has the trial experience and legal resources to tackle the detail-oriented litigation required in cases against airline companies. If you need legal advice related to injuries or the loss of a loved on in an aviation accident, our personal injury attorneys can give you answers in a free, confidential consultation. To schedule an appointment, please call (312) 382-1920. For additional information, please refer to our website.

Contact Info:

Phone: (312) 382-1920

Address:
221 N. LaSalle St., Suite 1100
Chicago, IL 60601

Senate Reports More Than 400 Facilities with “Persistent Record of Poor Care”

CHICAGO, IL – Nursing home abuse is extremely under-reported in the United States; however, a list released by the Senate named nearly 400 facilities across the nation that had a record of “persistent poor care.” According to documents and interviews, budget cuts are the contributing factor by reducing available funds to focus on the inspections that are required for nursing homes.

Two Senators released a report in June for the families that are struggling to find the right nursing home for their loved ones. Many people had questions regarding why some homes were not disclosed, while others were publicly identified.

Senator Bob Casey, D-PA, and Senator Pat Toomey, R-PA issued the report stating, “we’ve got to make sure any family member or any potential resident of a nursing home can get this information, not only ahead of time but on an ongoing basis,” according to the Associated Press.

The report comes after the Center of Medicare and Medicaid Services (CMS) provided a list of nursing homes with ongoing issues and documented problems that were not publicly disclosed. More than 1.3 million Americans live as a nursing home resident in more than 15,700 facilities.

There is a Special Focus Facility Program in which CMS did not disclose the names of roughly 80 smaller nursing homes that are getting special inspection to help solved documented problems. Nursing homes that don’t improve and fix their standard of care could potentially be cut off by Medicaid and Medicare.

Medicare provides a website entitled “Nursing Home Compare” with detailed information regarding all Medicare and Medicaid-certified nursing homes across the country. Nursing homes that are in the Special Focus Facility Program can be identified by a small icon that is a yellow triangle.

CMS Administrator Seema Verma singled out federal budget problems as a factor according to the AP. Verma mentioned, “The number of special focus slots and total number of special focus candidates are based on the availability of federal resources. In 2010, there was room for 167 nursing homes and 835 candidates; now it’s down to 88 slots and 440 candidates.” Federal budget cuts were reduced in 2014.

Federal budget cuts are not the only factors: staffing level and clinical outcomes should be considered.

According to Modern Health Care, recent studies show that nursing home staffing levels are often much lower than what facilities are reporting. Half of the facilities that were analyzed met staffing levels less than 20 percent of the time; moreover, registered nurses in 91 percent of organizations met expectations less than 60 percent of the time. For-profit facilities were more likely to report higher staffing levels compared to not-for-profits.

This is a crucial factor when deciding what facility to place your loved one in. The Consumer Voice mentioned direct caregivers such as an RN, LPN, LVN, or CNA can have up to 5 residents in a day, 10 in the evening, or 15 at night; in addition to licensed nurses including RN, LPN, or LVN, during the day having 15 residents, in the evening 20, and at night 30 residents.

You don’t want to put your loved one in a nursing home where the staff to resident ratio is not sufficient enough care your loved one should be and needs to be given. On average, a RN in a nursing home in the United States has a salary of $61,363 as of August 2019; however, the range typically falls between $57,744 and $64,973 (Salary). It’s important to note many nursing homes are under-staffed, which means staff is overworked and underpaid, often times neglecting your loved one – especially if family is not consistently visiting.

Modern Health reported RNs spent 42 percent less time with residents on weekends, licensed practical nurses spent 17 percent less, and nurse aids spent 9 percent less. Large facilities often have a bigger decreased in staffing levels over the weekends – weekends tend to be busier than the weekdays. Staff that works long hours are more likely to lead to an increase of error while working with residents.

Clinical outcomes that should be evaluated beyond nurse staffing and patient safety, is evaluating nurses’ working conditions. Nurses could over-administer a patient’s medication, or perhaps equipment failure. Although this may seem like a small error, this can interrupt important patient care.

Nursing homes are required to provide residents with quality care. The World Health Organization defined quality of care as a “key component to the right to health, and the route to equity and dignity.” Quality of care includes safe, effective, timely, efficient, equitable, and people-centered care. Many nursing homes fall short of these expectations and requirements, and deficiencies can even go unnoticed.

It’s important to do extensive research on nursing home facilities before placing your loved one in one. Go to visit – check how residents and staff interact, what daily activities are offered, what kind of living accommodation your loved one will be in, and visiting hours.

Abuse in nursing homes and is not limited to physical, emotional, mental, or sexual abuse. It can also include financial exploitation, as well as neglect. It’s important to notify nursing home management and local law enforcement immediately if you suspect your loved one is suffering from neglect or abuse.

Our experienced nursing home abuse lawyers work diligently to seek compensation and justice for your loved one. Please call (312) 384-1920 or visit our website to schedule a free, confidential consultation in our downtown Chicago office, or we can meet wherever is convenient for you.

Contact info:
Dinizulu Law Group, Ltd.
221 N. LaSalle St., Suite 1100
Chicago, IL 60601

Tips for a Memorable Fourth of July

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 4th weekend according to the American Society for the Prevention of Cruelty to Animals. July 5th is one of the busiest days of the year at animal shelters because of pets running away on July 4th.

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

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.

Semi-Truck Crashes Hauling 40,000 Pounds of Bees

CHICAGO, IL – A semi-truck was traveling from California to North Dakota when it crashed in a rural intersection in Bozeman, Montana, carrying 40,000 pounds of bees. No humans were hurt during the crash.

When the Hyalite fire department arrived on the scene, the driver and the passenger were already out of the truck. When inspecting the truck, they noticed only an oil leak.

Fortunately, most of the semi-truck’s load was kept in-tact; in fact, only a quarter of the 40,000 pound of bees actually escaped. The trucks load of 40,000 pounds of bees is equal to roughly 133 million bees. Hyalite fire department said there was no immediate threat to the public.

Tractor-trailers and semi-trucks weigh several tons and travel at very high speeds. Please remember to keep your distance when passing a semi-truck and you are passing on the left side of the truck – truck drivers cannot see you from the right side of their vehicle. If you or someone you know has recently been a victim of a trucking or car accident, please call Dinizulu Law Group at (312) 384-1920 or visit our website at www.dinizululawgroup.com. Due to the statue of limitations, we must start on your case right away.

Tips to Ensure Your Holiday Drive is a Safe One

With Christmas and New Year’s only a few days away, you can expect that the roadways are going to fill up quickly with anxious travelers on their way to visit friends and family. Local residents may also be headed out simply looking for a good time. But, the holidays don’t only bring out locals. Many commercial trucks and freight shipping courier companies with also have their vehicles out driving too as gifts and packages are being sent across the country to make it in time for the holidays.

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Client’s Powerful Testimonial: I Was Hit By A Improperly Loaded Truck on the Highway

 

Fletcher McQueen was injured when a driver of a improperly loaded trailer truck carrying a Bobcat skid steer, lost control and crashed into Fletcher’s SUV. Fletcher was hurt, unable to work, and didn’t know who to turn to. Another attorney who Fletcher had known highly recommended Yao Dinizulu and the DLG law firm.

There were days when Fletcher went to bed in severe pain, not knowing what would happen and if he would ever be able to work again and support his family. The Dinizulu Law Group, Ltd. was able to take Fletcher’s case to trial. The jury ruled in favor of Fletcher with a verdict resulting  in over one hundred thousand dollars for his pain and suffering, lost wages, and medical bills. The next day, the jury reached an additional verdict of $1 million dollars for punitive damages.

Fletcher testifies how the attorneys and staff of the Dinizulu Law Group, Ltd. kept him and his family informed about the latest developments in his case. Fletcher always felt there was clear communication coming from the attorneys, paralegals, and the firm’s legal assistants. Fletcher felt prepared and knew what was expected at trial and during his sworn statement.

The trial verdict helped Fletcher and his family move forward after what was a very difficult chapter in their lives. Fletcher felt like he was finally able to get his life back.

No one who is injured and suffering due to the fault of others should feel like they are alone. Contact the Dinizulu Law Group, Ltd. at 1-312-384-1920 or 1-800-693-1LAW, or by email. We are truck accident attorneys in Chicago that are here to help.

Who Has The Power To Enforce Laws?

 

When the United States established our institution of government through the Constitution the jury system was enshrined in that document. The 6th and 7th amendment were later added to the Constitution and protected the right to juries in criminal and civil cases.

But still more was needed to enforce this cherished right. African-Americans under federal law were given the right to serve on juries in 1875, but in practice many were openly and routinely removed from juries based on race until a US Supreme Court case in 1986 declared that conduct was prohibited by the constitution. Watch the video to learn more.

As late as 1942, only 28 states had laws that allowed women to serve as jurors, but these states also gave them the right to claim exemption based on their sex. The Civil Rights Act of 1957 gave women the right to serve on federal juries, but not until 1973 could women serve on juries in all fifty states.

The right to serve on jury is something people fought for and died for because this right is so important to the fabric of our laws. The primary purposes of civil tort law in America and here in Illinois as described by the Illinois Supreme Court is when someone has been wrongly injured by the acts of another the law is to:

  • to compensate the victims;
  • to reduce future wrong acts; and
  • to encourage careful conduct in the future to protect all of our citizens.

The jury enforces these laws through their collective verdict. By serving on juries, you are able to voice your opinion and influence the collective verdict. If you do not show up, you are allowing someone else to decide how the laws should be enforced. Therefore, someone else will have the power to determine the type of community you will live in. So remember, the juries’ verdict is how you enforce the laws of your community. That is why it’s so important to serve.

If you have questions about trial or your own serious injury, contact the Dinizulu Law Group, Ltd. at 312-384-1920 or by email. Our Chicago personal injury attorneys are known for their expertise and tough litigation. Schedule a free consultation with one of our personal injury trial lawyers practicing throughout Illinois.

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