Tag Archives: injury

Being injured due to a doctor’s negligent care may allow you to sue for medical malpractice.  To prove that the care was negligent, it is necessary to prove that the doctor acted in a way that violates the standard of care.  That could be a misdiagnosis, improper treatment, or other accidents that resulted from a lack of attention.  The negligent behavior needs to be the cause of the injuries.  But what about the hospital where you received the care?  Can you file a  medical malpractice suit against them?

A hospital is considered liable for an injury if one of their employees’ negligent medical care was the cause of the injury.  Employees of the hospital are generally nurses, technicians, and paramedics.  If an employee of the hospital injures a patient, then the injured patient can sue the hospital.  That is the case unless that employee injured the patient under the supervision of a doctor who is not an employee.

A doctor is considered an employee of a hospital based upon their relationship with said hospital.  If the hospital schedules the doctor’s working hours, vacation, and time off, then it is more likely that the doctor is an employee.  Another factor that can decide this relationship is whether the hospital controls the doctor’s fees.  Even if the doctor is an independent contractor, there are exceptions to the rule.

...
Continue reading

Going to the hospital is scary no matter what age you are.  These visits are necessary if you are facing a serious illness or emergency situation.  The stakes are higher and any mistake could be costly and fatal.  There are a few common mistakes that can be avoided when you visit a hospital to make sure you get the best possible care.

1. Improper Medication

At the hospital, you may be required to take medication throughout your visit.  There are many other patients taking their pills also.  To safeguard yourself or loved one throughout the visit, make sure you ask your doctor to list the medicine you will take and what the medicine is for.  Later when you receive your dosage, you can verify that you are taking the right medicine.  Doctor James Merlino of the Cleveland Clinic said that “medication errors can and do kill people.”

...
Continue reading

Through the first half of 2013, it has been wet and rainy in Illinois.  Up to the end of June, there has been a record setting 28.46 inches of rain.  To contrast, this is more than the precipitation the fell throughout the entire year of 2012.  While this is good news for the crops, it is not good news for commuters.

Rain can make roads very treacherous to navigate, especially because people don't know how to drive safely in adverse weather.  While rain is not the leading cause of car accidents, it does have a variety of effects on the conditions of roads.  It increases the time needed for braking because the water decreases friction, especially if oil and grease slicks up the road.  It also makes it more difficult to see other cars and hazards on the motorways.

Following some tips will ensure your safety on the road.

...
Continue reading

On April 18th, a torrential rainstorm hit the city of Chicago hard.  Flooding throughout the city and suburbs created massive delays and even some accidents.  Governor Quinn was forced to declare a state of emergency due to the conditions of the roads.  But the scariest thing that occurred was when the ground collapsed in the 9600 block of South Houston.

Early on that Thursday morning, Mirko Krivokuca was driving in his silver pickup on his way to work.  He barely made it a block before a giant sinkhole swallowed up his vehicle and one other car.  Less than an hour later a third car flipped upside down as the sinkhole became as wide as the street.  Mirko was transported to Northwestern Memorial Hospital where he was treated for his injuries.

After the event, local Alderman John Pope said that the rainy weather precipitated the collapse but the real culprit was the infrastructure under the street.  Water Department Commissioner Thomas Power echoed his statement.  Under the street, “a nearly hundred-year-old water main broke…it breached an old sewer as well, at both locations, washed out the street, washed out all the soil. And the pavement couldn't even handle its own weight anymore, let alone the three cars sitting on top of it."

...
Continue reading

A single mother of five was killed when a suspect fleeing police slammed into her four-door Saturn, police told the Chicago Tribune. Marisol Mercado, 35, “was struck by a car at Pulaski Road and Chicago Avenue… just before midnight” on a Saturday in mid-July, according to the Tribune. “Police had been pursuing the driver because he was suspected of shooting a man in the leg about a mile away from the crash site.” Neither the suspect nor any others involved in the wreck suffered any injuries. According to her family, Mercado was a “smart, confident woman who valued education, cherished her children and loved a good meal.” She had twin daughters who “showed off photos of their mom: at her GED graduation, with babies on her lap.” Her sister told the Tribune that she was “always eager to spend time with her family.” Her niece told the Tribune that “she helped you” whenever you needed a hand.

Unfortunately, Mercado’s death, as an innocent bystander killed in a high-speed police chase, isn’t a singular incident in Chicago or the nation. According to an article published in the USA Today, “innocent bystanders account for one-third of those who are killed in high-speed police chases.” According to statistics reported by the National Highway Traffic Safety Administration and reported in the USA Today, “about 360 people are killed each year in police chases.” There is, however, no mandatory law that requires police or families to report those killed in police chases, meaning that that number could be higher.

Perhaps the most shocking statistic about police chases is that 35 to 40 percent of them end in crashes, according to Geoffrey Alpert, a professor of criminology at the University of South Carolina and reported by USA Today. Alpert told the paper that the “nation’s 17,000 police department are moving toward more restrictive chase policies because chasing someone for a traffic offense or a property offense is not worth the risk of people’s lives and well-being.”

...
Continue reading

Recent Blog Posts

Categories

Archives

Free Initial Consultations

phone 630-920-8855
address15 North Lincoln Street, Hinsdale, IL 60521
phone 331-588-6611
address21 North 4th Street, Geneva, IL 60134
Our firm handles family law and personal injury matters for clients in Chicago and throughout the western suburbs including DuPage County, Will County, Kane County, Cook County and the cities of Aurora, Bloomingdale, Bolingbrook, Burr Ridge, Carol Stream, Darien, Downers Grove, Elmhurst, Glen Ellyn, Hinsdale, Joliet, Kendall County, Lombard, Naperville, Oak Park, Oak Brook, Oakbrook Terrace, Clarendon Hills, Oswego, Park Ridge, Roselle, St. Charles, Geneva, Villa Park, Warrenville, Wheaton, Western Springs, LaGrange, Winfield, Woodridge and Yorkville.

© 2021 Law Office of Martoccio & Martoccio 15 North Lincoln Street, Hinsdale, IL 60521 630-920-8855

OVC Lawyer Marketing

Share Your Experience

X