Tag Archives: negligence

If you are injured in a slip and fall accident on someone's property in Illinois, it is wise to speak to a lawyer as soon as possible. An experienced lawyer will help you determine whether you can collect from the landowner for your injuries and medical bills.

As personal injury lawyers, we at Martoccio & Martoccio know there's a lot of laws out there that may help you collect what you are entitled to. Compensation can cover not only your expenses, but for the pain and suffering you had to go through. Our attorneys at Martoccio & Martoccio have consistently recovered for our clients for more than 40 years.

Legal Basics of Slip and Fall

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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.

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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.”

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Drug commercials run constantly on every channel.  Sometimes it is unclear what is ever being treated by some of these medications.  If the purpose of the product is sometimes unknown, then what else is improperly presented by commercials for drugs?

A research team comprised of academics of the University of Wisconsin at Madison and Dartmouth College looked to answer that question.  They reviewed the veracity of TV commercials that drug companies run in the United States.

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According to a report by NBC Chicago, 25-year-old Nikita Taylor is fighting for his life after being attacked by several pit bulls owned by a neighbor.

Law enforcement officials state that it is unknown exactly how many dogs Taylor was attacked by but witness statements claim that there were anywhere from three to six dogs that were involved in the attack. One witness, Jewell Edwards, told NBC Chicago that she hears the dogs outside all the time, but this time when she went outside, she saw Taylor fighting for his life. Edwards said, "I don’t know if his arm is still on. The skin pulled off the side of his face."

Some of the neighbors stated that they have never seen the dogs attack anyone before, while others state that the dogs are vicious and a concern for the neighborhood. The attack was to believed to have lasted about 20 minutes. The owner could not gain control of the dogs and witnesses to the attack tried to help Taylor. Neighbors attempted to fend off the dogs with bottles, cans, chains, and bats.

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