Medical Malpractice & Personal Injury Law

Large Connecticut Verdict in Erb’s Palsy Childbirth Injury

webmaster — Thu, 02 Nov 2006 06:02:57 +0000

A Hartform Superior Court on Tuesday awarded a $2.69 million award to a mother and her 4-year-old son, determining an obstetrician was liable for nerve injuries the child suffered during child birth. This may be the largest medical malpractice verdict in Connecticut for this type of childbirth injury.

As a result of nerve injury suffered during delivery, the child now is unable to raise his right hand over his head. He has contractures at the elbow and shoulder joint, not being able to be fully straightened. This type of nerve injury is referred to as Erb’s Palsy.

The lawsuit was based on the premise that the obstetrician failed to properly assess that the mother had a small pelvis, failed to properly assess the pre-birth size of the fetus, and used a vacuum extractor rather than performing a Caesarean section when the baby become lodged.

The Super Court Judge added an addition $800,000 to the award in interest as the obstetrician had rejected a $1 million offer for settlement two years earlier. The total award is listed at $3.49 million.

Medical Malpractice Insurance Rates Dropping in Illinois

webmaster — Thu, 26 Oct 2006 01:36:51 +0000

Governor Blagojevich is taking at least partial credit for what appears to be a major drop in medical malpractice insurance rates for Illinois Physicians. According to a press release on the State of Illinois website, Medpro is reducing medical malpractice insurance premiums by 32 percent across the state.

Illinois reforms over the past year increased publicly accessible information from insurance companies, including rate-related information and loss and claims-related data. As a result, insurance companies are lowering their premium rates to be competitive with other companies.

While the Governor claims this is leading to increased recruitment and retention of physicians, time will tell if these reforms are in fact meaningful.

Jury Award for Incorrect HIV Diagnosis Thrown Out

webmaster — Sat, 14 Oct 2006 23:10:47 +0000

On October 12, 2006, a state appeals court threw out a jury award of $350,000. A Chicago man had attempted to recover claimed damages for being incorrectly diagnosed as HIV positive. The original jury award was for $350,000. In a possible precedent setting case in Illinois, the 1st District Appellate Court in Chicago decided in a 2-1 questioned whether the plaintiff could collect damages in this type of case, where the misdiagnoses did not cause physical injury. The initial claim of damages was for emotional injury caused by the incorrect diagnosis.

The court also determined that there were other issues that occurred in the initial trial in 2003 which were grounds for the defendent to have a new trial.

The plaintiff plans to appeal the decision to the Illinois Supreme Court.

How Much Does a Personal Injury Attorney Cost?

webmaster — Sat, 07 Oct 2006 12:48:55 +0000

In almost all cases, a personal injury lawyer will work on a contingency basis. This means that the client only pays attorney fees if the client collects money from the case. In cases where the client loses (does not collect any money), then the lawyer would not collect any fees. In the infrequent situation where a case will go to trial, it is possible that the lawyer will expect the client to pay the cost of filing the case at court. It is always a good idea to clarify any fees and costs with your lawyer as there may be some variation from lawyer to lawyer in these issues.

Contingency fees for personal injury lawyers will vary from state to state but the typical range is between 33% and 40% of the final award. In some situations, an attorney may be willing to negotiate a smaller percentage for large cases, so it never hurts to ask. Be advised, though, that you should not select a lawyer based on a willingness to reduce their fee - as a larger award will typically more than make up for a modest difference in contingency fees.

Personal Injury Law - Chicago, Illinois

webmaster — Sat, 23 Sep 2006 13:47:12 +0000

Personal injury lawyers specialize in helping people who have been hurt as a result of someone else’s actions. In most cases, hiring a lawyer will significantly improve your chances of getting adequately compensated by the person or their insurance company. A skilled lawyer can be invaluable in working with the insurance company, and possibly even taking your case to trial. Without a lawyer, you are at a clear disadvantage, as insurance companies have lawyers that are experts in advocating for their clients. Additionally, the sooner you obtain a lawyer the better, as anything you say to the insurance company very well could be turned against you if your case goes to trial.

Other Resources:
Illinois Personal Injury Lawyers
Illinois State Bar Association
Illinois Trial Lawyers Association
Personal Injury Lawyers - Illinois
Chicago - Kent College of Law
Chicago Association of Law Libraries

Welcome to Med-Mal.net

webmaster — Sat, 23 Sep 2006 13:17:33 +0000

This site is set-up to be a source of information on medical malractice and personaly injury law. Typical topics for medical malpractice or personaly injury cases include medical malpractice, personal injury, brain damage / brain injury, wrongful death, motor vehicle accident, construction injury, product liabilty, civil rights, dental malpractice, legal malpractice, dog bites and more. Over time, additional information is going to be added to this site