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How to File a Medical Malpractice Claim

June 19, 2020

Although it may be your first instinct to hurry up and file a medical malpractice claim directly after a resulting injury from your provider, there are a few steps to take to make sure you have a viable case before filing a claim.


CONTACT THE MEDICAL PROFESSIONAL INVOLVED IN YOUR INJURY

Communicating with your doctor before filing a claim can make the process of correcting your injury significantly simpler for both the medical professional and you. This step allows for you to understand what might have gone wrong that would have resulted in your injury. If it is determined that the injury can be remedied, most medical providers will offer to provide a solution to correct the injury.


CONTACT THE MEDICAL LICENSING BOARD

In situations where discussing your issue with your medical provider does not result in a solution for your injury, proceed to contact the affiliated medical licensing board. The licensing board generally will not order your doctor to compensate you, but they can issue disciplinary action toward the practitioner and can help guide you in regard to the next steps to take regarding the claim.


If completing the above steps did not provide you a solution or compensation for your injury, it may be time to proceed with determining if you are eligible to file a medical malpractice claim. The next step would be to determine the requirements of the statute of limitations and the certificate of merit in your state regarding medical malpractice claims.


STATUTE OF LIMITATIONS

Every state has different guidelines for the statute of limitations for specific civil claims. The “statute of limitations” is the amount of time you have from the occurrence of the incident to when your claim must be filed in order for it to be valid. In Illinois, the statute of limitations for medical malpractice claims is 2 years from the date that the victim discovered the injury.


CERTIFICATE OF MERIT

More and more states are requiring a “certificate of merit” to certify that the injury sustained was directly resulting from negligence committed by your medical professional. In Illinois, filing this “certificate of merit” is required before proceeding to file your medical malpractice claim. Filing the certificate first requires you to contact an expert that will review your medical records. The expert will then have to confirm that your provider deviated from the standard of care expected, which would have resulted in your injury.


Once the injury due to negligence is verified your lawyer can then file the certificate of merit which acts as a confirmation that you have communicated with a medical expert which provides merit to filing a claim.


OUR LAWYERS HERE AT WHITESIDE & GOLDBERG, LTD., ARE HERE TO HELP YOU THROUGH THIS PROCESS. CONTACT US TODAY IF YOU HAVE EXPERIENCED NEGLIGENCE RESULTING IN INJURY FROM YOUR HEALTH CARE PROVIDER AND WE WILL GET YOU THE HELP YOU DESERVE.

Medical malpractice claims have meet the three following requirements in order to be sufficient:


1. A VIOLATION OF THE STANDARD OF CARE
There are certain standards that have to be met in the medical field. These standards are recognized and accepted by health care professionals. Any patient should generally expect this standard of care to be met. If the patient believes that they received service that did not meet the standard, negligence may be established.


2. NEGLIGENCE RESULTING IN INJURY
Negligence by itself, from violating the standard of care, is not enough to validate a medical malpractice claim. The patient must be able to firmly prove that the accident or injury was solely caused by the negligence exhibited. If the injury could have occurred despite negligence, then it could have simply been an unfavorable outcome. In order to form a case, the injury that ensued has to be a direct cause of negligence. If the injury was not directly caused by negligence, a medical malpractice claim cannot be made.


3. SIGNIFICANT DAMAGE CAUSED BY THE INJURY
Medical malpractice lawsuits are extremely costly. Thus, in order for a case to be viable the patient has to show that the injury resulted in significant damage.


“Significant damage” could include a disability resulting from the injury, loss of income, unusual pain, suffering and hardship, or significant past and future medical bills.


TO FILE, OR NOT

If all of the above criterion has been met, you could very well be qualified to file a medical malpractice claim. However, proceeding with the claim can be very time consuming and expensive. Many cases end up simply being settled out of court for this reason. Additionally, most medical malpractice insurance companies often reject a lot of the claims filed. Thus, it may be better to take a second to determine if you and your lawyer believe your case is strong enough to uphold in court and attempt to attain a larger settlement, or if you should simply try for a cheaper and faster out-of-court settlement.


WHITESIDE & GOLDBERG, LTD.

Whiteside & Goldberg, Ltd. has successfully worked on numerous Illinois medical malpractice cases. They know that there are many tricky scenarios that can lead to a medical malpractice case. You can get a sense of your legal position by taking advantage of their free consultation. Your current finances should not deter you from seeking help.


WG Law Group does not charge you a cent until they have secured a settlement for you. For more information, contact them by calling 312-334-6875
for the WG Law Group Michigan Avenue location or at 815-730-7535 for their Shorewood office. Call today to begin your journey to fair compensation.


The content of this blog is intended for informational purposes only and does not constitute or establish an attorney- client relationship, nor constitute legal advice. If you wish to discuss any further aspect of the material contained herein, please contact an attorney at Whiteside & Goldberg, Ltd.

6 Things You Should Do After A Motorcycle Accident

August 17, 2020
According to NHTSA , motorcyclists only make up about 5% of all drivers. Yet, research shows that fatal motorcycle accidents happened 27 times more often than passenger car occupant accidents in 2017. Therefore, it’s important to know what you should do after a motorcycle accident whether you are the rider, the passenger vehicle driver, or just an innocent bystander. While there are things you can do to protect yourself against a motorcycle accident, even the most careful drivers can find themselves in unavoidable accidents. Immediately after an accident, your adrenaline will be pumping, and you may be in a state of shock. Learning what steps to take now will help you react properly should you ever need to. Keep reading to learn 6 easy steps to take after a motorcycle accident. WHAT TO DO AFTER A MOTORCYCLE ACCIDENT Accidents of any kind tend to happen when you are least expecting it. Maybe it’s your usual commute that you drive every day, or maybe you’re just running a quick errand. The NHTSA reports that approximately 52 percent of all accidents occur within a five-mile radius of home and 69 percent of all car accidents occur within a ten-mile radius from home. To avoid being caught off guard too much, it’s best to always expect the unexpected and drive defensively at all times. 1. Get to safety The first thing you should do is analyze your surroundings and current situation. Are you in harm’s way? Are you badly injured? If possible, remove yourself from the roadway and out of traffic. Check to see if anyone else was involved in the accident and help them get to safety as best as you can. 2. Do not remove your protective gear After an accident, you may be in shock and the adrenaline may be preventing you from feeling any pain or injuries. Always keep this in mind and wait for paramedics to arrive before you remove your helmet and other gear to avoid exacerbating injuries. 3. Call 911 After you have gotten to safety and before you remove any protective gear, call 911 to report the accident. Depending on the severity of the accident, police and paramedics may come to the scene. 4. Seek medical attention Even if you don’t think you’re injured, it’s always best to get checked out by a medical professional after any accident. Serious injuries may not be apparent right away and sometimes it will take days, weeks, or months for symptoms to appear. If you were on a motorcycle during the accident, you are extremely susceptible to broken bones and serious internal damage and bleeding. 5. Gather evidence No matter the accident, it’s always a good idea to gather evidence immediately after. This means taking your own pictures, writing notes, and obtaining a copy of the police report. Speak with the other driver to swap insurance information and any other contact information. 6. Speak with a lawyer and your insurance company When is the best time to speak with a personal injury lawyer? The sooner, the better. Hiring a qualified motorcycle accident lawyer can make all the difference in your insurance settlement. Most of the time, insurance companies will offer you the lowest amount possible, but an accident attorney can help negotiate with insurance companies. It’s always a good idea to consult with a lawyer before accepting any settlement. Your lawyer will usually speak with your insurance company on your behalf, but regardless of who contacts your insurance, you should always speak with them in a timely manner. These are the 6 steps to take immediately after a motorcycle accident. In addition, it’s important to note that you should never admit fault if you were just in an accident. Even if you think you made a mistake or could have avoided the accident, words of fault could be used against you. This applies when speaking to the other driver, police officers, and insurance companies. STATUTE OF LIMITATIONS If you are involved in a motorcycle accident, you are entitled to sue for damages when injuries or fatalities result. When motorcycles are involved, the severity of injuries dramatically increase. As with any personal injury case, there is a statute of limitations during which a claim should be filed. In Illinois, the injured party has 2 years from the date of the accident to file a claim. However, there are a few exceptions to this rule. The time to file a case may be extended if you were under the age of 18 or if you were mentally incompetent at the time of the accident. The time to file may be shortened if the accident involved a government vehicle or if you are filing a wrongful death claim on behalf of someone who died in the accident. In order to receive the maximum compensation for your injuries, you should reach out to a personal injury attorney right away. WHITESIDE & GOLDBERG, LTD. As you can see, there are many crucial steps to take quickly after being involved in a motorcycle accident in order to file a successful personal injury claim. To sum it up, you should: Seek out prompt medical attention Take pictures and notes Obtain copies of all medical records and police reports Hire an experienced attorney to help you file a claim within the statute of limitations Whether you have sustained minor or life altering injuries, we encourage you to follow the steps and set yourself up for success by working with a qualified personal injury lawyer. If you are in the Chicago area, Whiteside & Goldberg Law Group offers free consultations for anyone who would like to discuss their case. No matter the severity of your accident and injuries, it is always important to contact an experienced lawyer to help you recover any losses or damages. The attorneys at Whiteside & Goldberg Law Group never charge a fee until they win a settlement for you. You can contact them today at by calling 312-334-6875 for the Whiteside & Goldberg Law Group Michigan Avenue location and 815-730-7535 for their Shorewood office. The content of this blog is intended for informational purposes only and does not constitute or establish an attorney-client relationship, nor constitute legal advice. If you wish to discuss any further aspect of the material contained herein, please contact an attorney at Whiteside & Goldberg, Ltd.

Auto Accidents Involving Pedestrians

August 13, 2020
While driving, it is not only important to keep your eye out for other vehicles around you, but also for pedestrians near the road or crossing streets. According to the CDC , there were 5,977 pedestrians killed and 137,000 injured in auto accidents in in 2017 in the United States. In Illinois alone there were a total of 4,940 pedestrian accidents in 2017. DETERMINING FAULT When determining who is at fault in an accident involving a pedestrian it is important to take into consideration many different factors. The main determining factor to establish who is at fault, is in regard to negligence. Negligence, according to FindLaw , is the “failure to do (or not do) something that a reasonable person in a similar situation would do, to protect others from foreseeable risks”. In order to obtain compensation for damages or injuries, the injured person must prove that the person at fault meets the following criteria: Owed a legal duty to the plaintiff. Failed to follow through with the legal duty. Caused the accident involving the plaintiff. The plaintiff was injured as a direct result of the accident caused. In some cases, there may be multiple liable parties. The main parties that could all be held liable would include first, the most obvious case, the driver of the vehicle that caused the accident. However, in other circumstances, whoever is responsible in maintaining the sidewalk, crosswalk, road or parking lot where the accident occurred, or even the pedestrian themselves could also hold liability. D  UTY OF CARE DRIVER By getting behind the vehicle and making the active decision to drive a car, you take on a driver’s duty of care. This means that you are liable to exercise a reasonable amount of care when performing this action. Failing to commit to and practice this duty of care would be considered negligence. Thus, leaving you liable for any harm or injury occurring due to your lack thereof. Some basic duties of care as a driver include: Following the speed limit Yielding to pedestrians at crosswalks Following traffic signals/lights/signs Signaling when turning or changing lanes Giving your full attention to driving (no distractions) Not driving under the influence (alcohol/drugs) Being aware of the weather or traffic conditions and practicing extra caution when needed Use a greater degree of care when driving in areas where children are present PEDESTRIAN Even though pedestrians may generally have the “right of way” in most circumstances, they also have a duty of care to maintain. Failure to comply can result in “contributory negligence” if their lack of care contributed to their resulting injuries in an accident. Duties of care as a pedestrian include: Following the signals at an intersection, and only walking when the “walk” signal is displayed. Using only designated crosswalks to cross streets. Using reasonable caution when deciding to cross a street by checking both ways to ensure no cars are coming. Not walking out in front of a moving vehicle in the street. In Illinois, pedestrians have the right-of-way in most cases. According to the Illinois Vehicle Code , pedestrians still have to follow their basic duty of care by not walking out in front of a moving vehicle, use designated crosswalks, and follow all other designated traffic signals. However, if attempting to cross the street in an area with a lack of traffic signals a driver still must yield. Additionally, in the state of Illinois, hitchhiking as a pedestrian is illegal. Illinois follows the “modified comparative fault theory”. Meaning that if the plaintiff is deemed at least 51% responsible for the accident, they will not be able to collect compensation. If the plaintiff is less than 51% responsible, then compensation may be obtained from the defendant. However, due to the modified comparative fault theory, compensation will accurately represent the degree of fault by subtracting the plaintiff’s percentage of fault. RISKS The CDC has provided information in regard to what circumstances a pedestrian accident may be more likely to occur, and who is most often involved. In order to do your best to reduce these types of accidents it is important to recognize when you should be more alert when operating a vehicle, and when you should not be driving at all due to impaired judgement. ALCOHOL Approximately 47% of accidents causing a pedestrian death involved alcohol levels above .08 g/dL in either the driver and/or pedestrian ELDERLY & CHILDREN 20% of pedestrian deaths and 10% of injuries consisted of pedestrians ages 65 and older (2017). About 20% of children 15 years or younger killed in traffic accidents were pedestrians (2017). SPEED Driving at high speeds will increase the chances of hitting a pedestrian and the severity of injury. TIME/LOCATION The majority of pedestrian deaths tend to happen at night in urban, non-intersection locations. HOW TO STAY SAFE Only cross the street using designated crosswalks. Walk on the sidewalk, not in the street. Wear reflective clothing when out at night. Be aware of your surroundings. Limit use of earbuds or phone when walking near a road. WHITESIDE & GOLDBERG, LTD. If you have been involved in an auto accident with a pedestrian, whether you were the driver, or the pedestrian, we encourage you to set yourself up for success by working with a qualified personal injury lawyer. If you are in the Chicago area, Whiteside & Goldberg Law Group offers free consultations for anyone who would like to discuss their case. No matter the severity, it is always important to contact an experienced lawyer to help you recover any losses or damages. The attorneys at Whiteside & Goldberg Law Group never charge a fee until they win a settlement for you. You can contact them today at by calling 312-334-6875 for the Whiteside & Goldberg Law Group Michigan Avenue location and 815-730-7535 for their Shorewood office. The content of this blog is intended for informational purposes only and does not constitute or establish an attorney-client relationship, nor constitute legal advice. If you wish to discuss any further aspect of the material contained herein, please contact an attorney at Whiteside & Goldberg, Ltd.

Most Common Workplace Injuries

June 12, 2020
According to the Bureau of Labor Statistics , there was a total of 2.8 million nonfatal workplace injuries and illnesses in 2018. In 2017 there was a total 104,000,000 production days lost due to nonfatal workplace injuries. Your employer should always do their best in preventing these common workplace injuries from occurring in order to best protect employees. However, that doesn’t always happen. In some jobs such as, transportation, manufacturing, construction, and maintenance, the risk for a workplace injury may be much higher than others. However, that doesn’t mean that if you work a desk job, you can’t become injured at work. I  n the state of Illinois employers are required by law to provide workers’ compensation insurance for nearly everyone hired. If you are injured on the job you have 45 days to report the injury in Illinois. You then have to file a claim to the Illinois Workers’ Compensation Commission within 3 years of when the accident occurred. If you are suffering from any of the below injuries from an event that occurred at your workplace in Illinois and your employer disputes your workers’ compensation claim, contact Whiteside & Goldberg, LTD. THE FIVE MOST COMMON WORKPLACE INJURIES 1. Sprains, Strains, Tears A sprain is any stretching or tearing of ligaments, and most often result in your ankle. Other places a sprain can usually occur include the knee (usually from working out), the wrist (i.e., when used to catch yourself from a fall), or a thumb (from overextension). Sprains can result in pain, swelling, bruising, and a limited ability to move the joint. A muscle strain or a “pulled muscle” are usually experienced in the lower back or hamstrings. A strain is different than a sprain due to the fact that a strain occurs in the muscle, whereas a sprain occurs at a joint. Strains often result from picking up heavy objects using incorrect body mechanics. Strains can cause pain, redness and bruising, limited motion, muscle spasms, swelling, and muscle weakness. 2. Soreness, Pain Soreness and pain can be caused by many aspects of any job. But the most common cause of soreness and pain is usually a result of having to sit an office chair all day and all week. Back soreness from constantly sitting all day with poor posture, overtime can result in long term back pain and other problems . 3. Bruises, Contusions When blood becomes trapped under the surface of your skin, a bruise will form. The bruised area will often be sore or painful. 4. Cuts, Lacerations, Punctures A cut or laceration is any opening or break in the skin. Depending on the depth of the cut, there is a chance that it could damage any tendons, muscles, ligaments, nerves, blood vessels, or bones that are underneath the surface of the skin. A puncture is when a pointed object (i.e., pencil, nail, etc.) is stuck into the skin. These types of wounds can result in bleeding, damage to what is underneath the wound site, and if not taken care of, can also result in an infection. 5. Fractures A fracture occurs when a there is a break in a bone. A fracture usually results in a lot of pain, deformity of the limb, swelling and tenderness around the fracture, numbness and tingling, and difficulty moving the affected limb. In order to heal a fracture, you may be put in a cast, or may need surgery involving plates, pins, or screws that will keep the broken bone where it needs to be. EVENTS/EXPOSURE There are three main categories of events that may occur in the workplace that could lead to these types of injuries, resulting in lost days of work. 1. Overexertion – 28.2 per 10,000 full-time workers Overexertion occurs when people over work themselves, causing a multitude of problems. This could occur from excessive physical activity (i.e., lifting, pulling, stretching), sitting or standing for long periods of time, extreme temperatures, or using repetitive motion. This type of event often results in soreness or pain, or sprains, strains, or tears depending on what activity is involved. 2. Slips, Trips, And Falls – 23.9 per 10,000 full-time workers Slipping, tripping, or falling, from a higher level to a lower one, or even on the same level most often result in sprains, strains, or tears, but falling from high enough, or on dangerous terrain could also result in a fracture. 3. Contact with Objects and Equipment – 23.5 per 10,000 full-time workers Injuries occurring from contact with objects and equipment includes being struck against an object, being struck by an object, getting caught in an object or equipment, or caught in collapsing material. These types of events most often result in injuries such as cuts, lacerations, or punctures. WHITESIDE & GOLDBERG, LTD. If you’ve been injured on the job and your employer disputes your workers’ comp claim, you likely need legal help. Whiteside and Goldberg have over 50 years of experience in Chicago personal injury law. They know how to deal with tough cases in the greater Chicago area and have extensive knowledge of Illinois workers’ compensation law. In fact, one of their specialties is working with those injured on the job. As an employee in Illinois, you are entitled to receive the best representation possible so that you can recover from your injuries without financial worry. Whiteside & Goldberg Law Group always offers a free consultation before you make the decision to proceed. You do not have to worry about paying anything upfront to work with an experienced attorney. You never make a payment until they win a settlement for you. For expert legal advice, call 312-334-6875 to speak to an attorney. Get the professional legal help that you need. The content of this blog is intended for informational purposes only and does not constitute or establish an attorney-client relationship, nor constitute legal advice. If you wish to discuss any further aspect of the material contained herein, please contact an attorney at Whiteside & Goldberg, Ltd.
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