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Obesity in Nursing Homes: Warning Sign for Future Negligence Cases?

The growing number of Americans who are considered morbidly obese in recent decades has raised red flags across many industries. Whether blame is being directed at the fast food industry, or other sources, the responsibility for treating these individuals disproportionately falls with the healthcare industry. More specifically, as Americans continue to live longer and reach ages that our ancestors (obese or not) never could, healthcare institutions such as nursing homes and long term care facilities are beginning to feel the strain from this growing responsibility. One question that is being asked across the country as well as in Illinois is “how are nursing home facilities (and other healthcare providers) supposed to provide quality care for individuals who require an increased level of care, when their resources are consistently subject to budget cuts and losses?”

Nursing Home Negligence Knows No Budget

Unfortunately for many nursing homes and their patients, the law surrounding nursing home negligence does not contain the defense of “insufficient funds to provide care.” Illinois law defines neglect as “a facility’s failure to provide…adequate medical care…or assistance with activities of daily living that is necessary to avoid physical harm, mental anguish, or mental illness of a resident.” While it may be possible for a facility to attempt to limit its liability for neglect by outlining specific services that it will provide to the resident in a contract, these contracts often come under fire in the courts if they are seen as too one-sided. Further, even if a contract between a patient and a facility states that the facility must only provide services that are “reasonably necessary,” this may still allow for negligence actions if the lack of care offered does not provide the resident with basic care.

It does not take a legal scholar to understand that when nursing homes, hospitals and healthcare facilities are not provided sufficient funds to operate safely, their patients are the first to suffer. In the ever more common environment of “do more with less,” legislatures across the country have tightened their belts by slashing public funding to programs such as Medicaid, which are a primary funding source for healthcare facilities. Many facilities are finding that without adequate funding, they cannot afford to retain high-quality employees or provide top-notch care for their patients. In a modern day catch-22, these facilities must still find a way to meet their obligations to those entrusted to their care, or face charges of negligence in court.

The Law Offices of Robert T. Edens

Growing Need

Given the growing budgetary problems that often plague the healthcare industry, what will happen to the growing number of baby boomers who are aging and will need their services in the coming decades? This is a question that will likely be asked many times and there is no one answer. What is known, however, is that healthcare facilities that are feeling overwhelmed by budget or staffing issues need to also understand that they cannot skirt the law by shifting the blame. If a facility does not have the capability of providing the correct level of care to its patients (both current and future), then it should immediately address the issue before someone is injured by their negligence.

Attorneys at the Law Offices of Robert T. Edens, P.C. in Antioch are here to answer any of your questions about nursing home negligence cases and has the experience to get your family results. Do not allow a loved one to suffer in silence. Call today and speak to an attorney about your rights under Illinois law.

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I Was Injured While I Was Working Off Site. Can I Seek Workers’ Compensation?

Workers’ compensation is the insurance coverage that most employers are required to carry to cover any expenses their injured employees face after workplace accidents. When an employee is injured at work because of his or her employer’s negligence, the employee could be entitled to seek monetary compensation through a workers’ compensation claim. But when an employee’s injury is not caused by his or her employer’s negligence, he or she might not be able to recover compensation this way. This issue often comes up when employees are injured while working off site.

If you are injured at work, it is important that you seek medical care as soon as possible. Once you have received treatment and are in a stable condition, discuss the possibility of pursuing a workers’ compensation claim with an experienced workers’ compensation attorney. You need to notify your employer of your accident and your injury within 45 days of their occurrence as per the Illinois Workers’ Compensation Act.

Working Off Site

Working off site means the employee is working at a location other than his or her company’s property. In some jobs, this never happens. In other jobs, such as household repair and landscaping positions, most or even all of an individual’s work is performed off site.

Whether your injury qualifies you for a workers’ compensation claim depends on the context of the accident from which the injury resulted.

  • Did the accident occur while you were doing work?
  • Did the accident occur during your work hours?

If the accident occurred while you were working, you could be entitled to receive workers’ compensation even if the accident occurred off site. But what if the accident occurred because of another party’s negligence? For example, what if you fell from a broken step on a client’s property and broke your leg? In this case, you might be entitled to file a premises liability claim against the property owner. This could potentially lead to a larger settlement than a workers’ compensation claim. Whether it is better to pursue a workers’ compensation claim or a premises liability claim is an issue to discuss with your attorney. He or she can guide you toward the best type of claim for your injury.

If your injury occurs off site while you are not working, you are most likely unable to seek a workers’ compensation claim. For example, if you stay at a work site after your shift and suffer an injury, you are not entitled to workers’ compensation coverage.

The Law Offices of Robert T. Edens, P.C.

Workers’ Compensation Attorneys in Lake, McHenry & Cook County

Contact The Law Offices of Robert T. Edens, P.C. today at (847) 395-2200 to learn more about your rights as an injured worker and how to proceed with your workers’ compensation claim. Bob Edens is an experienced workers’ compensation attorney who can guide you through this process and help you get the monetary compensation you need for your medical and other injury-related expenses. Your recovery and compensation is important to us. Call our firm today to discuss your options.

 

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FHWA Cited for Failure to Undertake Trucking Accident Analysis

The Federal Highway Administration (FHWA) is supposed to undertake certain safety analyses to ensure, for example, that America’s drivers are not at an unreasonably high risk of sustaining injuries in a trucking accident. However, a recent article in DC Velocity Magazine reported that the FHWA “failed to assess the impact of increased truck size and weight limits on the cost, condition, and safety of the nation’s highways even though it had enough data to do so.”

If the FHWA has not conducted sufficient analysis of truck accident risks and predictors, should Chicago area residents be particularly concerned about commuting to work on the highway?

Research Committee Cites Federal Highway Administration Assessment Failure

The allegations against the FHWA come from a committee of the Transportation Research Board (TRB), which is a part of the National Academy of Sciences. The committee is made up of a 13-person panel, and it released its findings in a report. The TRB committee did acknowledge that the FHWA, which is a subagency of the Department of Transportation, “did not have optimal data sets to work with.” Yet in its report, the TRB emphasized that “a more comprehensive and useful response would have been possible” with the amount of data in the FHWA’s possession.

What did the FHWA allegedly fail to do? The TRB panel cited numerous issues that could drastically impact truck accident safety and prevention, including but not limited to:

  • Frequency of truck collisions;
  • Costs of developing infrastructure on specific roads; and
  • Estimations of bridge structural costs.

Of utmost importance for drivers, particularly commuters who spend a substantial amount of time on the highways around Chicago, is the incidence of trucking crashes.

Required Study on Truck Weight and Height

Back in 2012, Congress required the DOT to “conduct a study into the effect of raising the weight and length ceilings of trucks on U.S. infrastructure,” and to provide detailed analysis to legislators within three years. The FHWA was responsible for gathering data, after which the DOT requested that the Transportation Research Board review the relevant conclusions. Yet nothing came of this analysis. As the article points out, this past June the DOT reported to Congress that “no change should be made to current truck size and weight laws.” What was the DOT’s reasoning? The agency told Congress that it did not have enough data about the impact of tractor trailer size and weight to “make accurate assessments.”

How did the DOT explain that it could not make an accurate assessment? It cited the following pieces of information (or lack thereof) that it was able to glean from crash reports:

  • No way to determine whether a large truck’s weight before an accident;
  • No data to show when and where a truck was running overweight in connection to an accident;
  • No evidence to prove or disprove that a truck had its weight distributed unevenly before a crash; and
  • No data indicating whether a big rig, before a collision, was running at the legal capacity for its particular axis configurations.

The Law Offices of Robert T. Edens, P.C.

Safety commentators have emphasized that DOT and FHWA need resources in order to provide this information, as it could help to prevent trucking accidents in the future. In the meantime, if you or someone you love suffered serious or fatal injuries in a truck collision, you should discuss your case with an aggressive Illinois trucking accident attorney as soon as possible. Contact The Law Offices of Robert T. Edens, P.C. to learn more about how we can help with your claim.

 

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Workers’ Compensation and the Affordable Care Act

Can the Affordable Care Act (ACA) impact the number of workers’ compensation claims in Illinois or the premiums for workers’ compensation insurance? According to a recent article from WorkersCompensation.com, both workers and employers in the Chicago area should be thinking about how health care may influence workers’ compensation in our state.

Learning More About Capitated Health Care Plans and Workers’ Compensation

What is the relationship between health care plans and workers’ compensation claims? The link between the two might not be immediately clear, but as we take a closer look at the way in which “capitated” health plans function, we can see how it might be in a healthcare provider’s interest to classify certain injuries as work-related harms.

According to the article, one of the effects of the ACA has been “case-shifting from group health to workers’ compensation.” To understand why this is so, it is important to grasp the growing shift toward Accountable Care Organizations (ACOs). In short, through ACOs, healthcare providers get rewarded when they meet certain goals pertaining to cost and quality. With such goals becoming more prominent under the ACA, we will also see a rise in “capitated” health plans. This is not a term that has an obvious definition based on the name, but its premise is actually a relatively simple one to grasp: under capitated health plans (also called capitated contracts or flat-fee plans), “providers are paid a fixed insurance premium per insured regardless of the amount of care provided to a given patient during the year.”

In other words, traditional health plans typically involve a provider being paid for each service that is rendered, or for each individual visit. So, if you strain your back and need to visit a healthcare provider on four separate occasions, the healthcare provider would be paid for each of those visits and for the individual care and treatments provided at each visit. However, under a capitated health plan, the provider is simply paid a fixed amount for the insured person, regardless of the number of times she seeks care during the year. So, if we go back to the example of a back strain that requires four visits to the same healthcare provider, that provider would still be paid only the fixed rate for the patient—the same amount if she needed one visit or four.

A recent study conducted by the Workers’ Compensation Research Institute (WCRI) emphasized that capitated health plans could drastically impact the number of workers’ compensation claims across the country.

Repetitive Injuries and Work-Related Injury Classifications

Given the way in which capitated health plans function, you can see how it might be in a healthcare provider’s interest to classify a repetitive injury—such as a back injury or carpal tunnel syndrome—as a work-related injury. If an injury is related to a patient’s work, then she may be able to file a workers’ compensation claim. And if she can file a workers’ compensation claim, then a healthcare provider may not need to perform multiple services for a single fixed rate.

The WCRI study underscored that such a pattern already is emerging. For instance, in states with capitated health plans, the following statistics transpired:

  • Back injuries were “30 percent more likely to be called work-related,” and thus paid for through workers’ compensation.
  • Workers’ compensation costs in Illinois could rise by about $100 million if the number of patients with capitated health plans increases from 12 to 42 percent.
  • Soft-tissue injuries were 31 percent more likely to be considered work-related if the patient had a capitated health plan.

The Law Offices of Robert T. Edens, P.C.

If you suffered a job-related injury and need assistance with your workers’ compensation claim, it is important to seek out an experienced workers’ compensation lawyer. Filing a claim can be complicated, but having to appeal a denial can be even more frustrating. You should contact a dedicated advocate at The Law Offices of Robert T. Edens, P.C. to assist with your case.

 

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What Can I Expect from the Workers’ Compensation Claim Process?

If you are not familiar with the workers’ compensation claim process, you may have many questions about what you can expect as your claim progresses. The prospect of filing and pursuing a claim can be a daunting process.

A workers’ compensation settlement can be used to cover a variety of expenses. These expenses can include the claimant’s medical bills, compensation for the wages he or she missed due to taking time off from work to recovery, and the vocational training or job placement assistance that he or she needs upon returning to work. Every claimant does not necessarily receive compensation for these three needs. The type of compensation that you receive and the amount depend largely on the financial needs that you present to the court in your workers’ compensation claim. Individuals who demonstrate a greater amount of financial hardship often receive larger settlements than those who demonstrate smaller levels of need.

Expect to Tell the Same Story Over and Over Again

When you are injured on the job, you need to tell your supervisor about the accident and how it caused you to get hurt. Then, when you seek medical care, you will need to explain your accident and injury to the doctor. When you start working on your claim with an attorney, you will have to tell your story yet again, then again to the workers’ compensation board. You need to be consistent with the details of your accident recollection every time you discuss it – omitting or changing details, even by accident, can jeopardize your claim. Keep a copy of your written accident report to refer to before meeting with any party during the course of the claim process.

Expect to Take an Active Role in your Recovery

While your claim is pending, you need to take steps toward your recovery. This means attending all doctor’s appointments and physical therapy sessions. If you do not demonstrate that you are taking initiative to recover from your accident, you can jeopardize your claim.

In short, you need to demonstrate that you need the money you are seeking. If you are not taking your recovery seriously by following your doctor’s orders, why should you get money to pay for your appointments and rehabilitation? You cannot just sit on the couch and wait for your compensation check to arrive – this is not how workers’ compensation works. Expect to be your own advocate during this process.

The Law Offices of Robert T. Edens, P.C.

Workers’ Compensation Law Firm

Contact The Law Offices of Robert T. Edens, P.C. at (847) 395-2200 today to learn more about how your unique circumstances will come into play with your workers’ compensation claim during your free legal evaluation with attorney Bob Edens.  He can explain the workers’ compensation claim process and negotiate with your employer’s workers’ compensation provider on your behalf to ensure that you receive an appropriate settlement amount for your needs. Your recovery and compensation is important to us. Call our firm today to begin with a free initial consultation.

 

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Wrongful Death: A Myriad of Negligent Acts

Illinois law defines wrongful death as harm to another that is caused by the negligence or fault of the wrongdoer resulting in death of the injured party. The law allows an individual’s loved ones to sue on his or her behalf for injuries suffered by the deceased individual because that person can no longer pursue a claim against the wrongdoer. This broad definition covers a variety of actions, from medical malpractice to car accidents, and even violent criminal acts. Filing a lawsuit is just the first step in a long process to recovery, but it is also the first step to holding the responsible party accountable for their actions. It is the hope behind personal injury and wrongful death statutes that news of monetary awards will deter future actors from negligent and careless behavior.

Statute of Limitations

Under Illinois law, a plaintiff has two years following the death of their loved one to file a wrongful death lawsuit. This time limitation is governed by law and cannot be extended except in limited situations. For example, if a child loses a parent or guardian their statute of limitations does not begin to “start running” until after they reach the age of majority. What this means is that once a child reaches the age of 18, the age of majority in Illinois, he or she will have two years in which to file a wrongful death claim against those who caused the death of their loved one.

Damages

Illinois law also provides for the families of victims to recover damages, or monetary compensation, from any party whose actions contributed to or caused the death of a loved one. Under the law, it does not matter if the death of the individual was caused by criminal activity or civil negligence, all responsible parties may be named in a lawsuit seeking damages. This group includes corporations and businesses, and naming them is very common in medical malpractice or workplace injury actions.

Under the law, a jury will listen to the evidence against all parties and determine an amount that is deemed to be “fair and just compensation” to account for actual losses as well as less tangible losses such as grief or mental suffering. Illinois law uses a theory of contributory negligence when determining how much each party must pay to a victim’s family or other recovering party. Essentially, this means that even though there is a finding that the victim was partially at fault for the injury that led to his or her death, that will not absolve other wrongdoers of their liability. The statute specifically accounts for this scenario and states that the contributory negligence of the victim or beneficiary “shall not be a defense” but any damage award will be reduced by that percentage before being awarded to the plaintiff. For example, if the deceased individual was killed by a car as he or she was crossing the street, the defendant could present evidence to show that the pedestrian was partially at fault (i.e. not in a crosswalk or walking against the ‘do not walk’ sign) and the damages award could be reduced by the court.

The Law Offices of Robert T. Edens, P.C.

Questions?

If your loved one has been injured by someone else’s wrongful act or omission, call the Law Offices of Robert T. Edens, P.C. today. Our Barrington attorneys have years of experience with Illinois’ wrongful death statutes and can help you start on your path to recovery. We understand that no amount of money can replace what you have lost. However, we also understand the importance of holding wrongdoers accountable under the law.

 

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Overturned Semi-Trailer Causes Closure to Road in McHenry County

Queen Anne Road in Bull Valley will be closed most of Thursday morning due to an overturned semi-truck, says Bull Valley Police. According to authorities the truck was going too fast around the curve which caused the truck to overturn. Queen Anne Road will be closed from Route 120 to Bull Valley Road.

The Law Offices of Robert T. Edens is a McHenry County truck accident and personal injury law firm. For a free consultation contact our offices at (847) 395-2200.

 

 

The Law Offices of Robert T. Edens, P.C.

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The Last Stage of Abuse: Wrongful Death in Nursing Home Negligence

While nursing home abuse is never a topic that someone wants to discuss, it is important to know the signs of abuse or negligent care of your loved ones. Those whose job it is to care for and protect the patients and residents under their care owe a duty, not merely under society’s standards of decency, but under the laws of the state and federal government. When negligence goes unpunished, one unfortunate outcome can be the untimely death of someone’s loved one.

When this happens and healthcare professionals are held accountable for their mistakes, a common theme is for their insurance company to come in with a settlement. Nobody wants to think of their loved ones as items over which to barter a settlement, and insurance companies are counting on the emotions of the situation to guide the family to a quick settlement that is far below what they are entitled to under the law.

Wrongful Death

Wrongful death actions in Illinois are governed by statute and are defined as a death that is caused by “wrongful act, neglect or default.” The law protects citizens who were injured by another so egregiously that they were not able to bring an action against the wrongdoer themselves solely due to the severity of the injury. In wrongful death actions, the injured person’s family can stand in the stead of their loved one and hold the actor responsible for their actions.

Settlement in Wrongful Death Actions

Settlement in any legal matter can be complex and difficult, but that difficulty is compounded in cases involving wrongful death in nursing homes as the insurance companies of the wrongdoers have a significant advantage over grieving family members. It is important to understand that to an insurance company offering immediate settlements for cases involving their clients, grief can be a tool that can be used to obtain a swift conclusion to their client’s potential liability.

However, settlement in cases of wrongful death is sometimes the best option for families who want to put a bad situation behind them. Luckily for victims of nursing home negligence, Illinois law was recently changed to provide more support in cases where a victim’s family seeks to settle in order to avoid the time and cost that comes with protracted litigation. According to Illinois law, defendants in wrongful death lawsuits who seek to settle with plaintiffs must meet certain deadlines or face significant penalties. For example, a defendant must pay all money owed to a settling plaintiff within 30 days after receipt of settlement documents. These deadlines do not apply to plaintiffs. This may be described as an inequity by defendants, but it could be argued that it balances the equity by providing plaintiffs some protection from overeager insurance providers.

Questions?

If your family has been affected by the negligence of someone who was trusted to care for a loved one, contact the Law Offices of Robert T. Edens, P.C. in Grayslake today for a consultation. Our attorneys are skilled in Illinois’ wrongful death laws and can help guide you to a fair and equitable outcome.

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The Name Game: Determining Proper Parties in a Medical Malpractice Lawsuit

In a recent medical malpractice case filed in the Illinois courts, the plaintiff is alleging that his wife died as a result of the negligence of one or more doctors who were involved in a procedure that she was undergoing while in their care. According to one report of the contents of the complaint, the plaintiff’s wife became unresponsive during surgery and she died shortly thereafter. While the language of the complaint may seem to suggest that the error was with the anesthesia she received, the plaintiff names more than just the doctor responsible for that portion of the surgery. It can be confusing for those who do not file lawsuits on a regular basis as to how numerous individuals or organizations may be named as defendants in a lawsuit without the appearance of explicit proof against each and every defendant. This complexity is one that is very common with medical malpractice suits for a variety of reasons.

Name them now or forever hold your peace?

One may think that numerous individuals or groups are named as defendants in an attempt to prevent the inability to sue them at a later date. While this may be true if statute of limitations issues arise, it is not necessarily the driving force behind a plaintiff’s decision to file against many defendants. Sometimes, the evidence that is available to a plaintiff at the time of filing is not sufficient to provide a clear-cut answer as to who made the fatal error in their situation. Also, especially in medical malpractice cases where numerous parties may be involved in one patient’s care, naming multiple entities is necessary to ensure that each person or entity who owed a duty to the patient is examined for possible negligence.

Further, when a patient is under the care of multiple health care providers, it is sometimes compounding negligent acts that lead to a person’s serious injury or death and merely focusing on one individual in a chain would not provide a fair outcome for any party. It is for these reasons that naming the proper defendants in a medical malpractice lawsuit can take more skill than many individuals or less experienced lawyers think. In these types of cases there is a delicate balance between the “shotgun approach” in which every possible person and entity who ever saw the plaintiff is named, and the single defendant idea that places all the blame on one or two entities or individuals. Neither of these approaches is likely to lead to the best possible outcome for the plaintiff, which is that the persons most liable for the injury or death are held responsible.

IL Medical Malpractice Lawyer Bob Edens

Need Help or Have Questions?

The Law Offices of Robert T. Edens, P.C. has attorneys in Waukegan who are skilled at all aspects of medical malpractice litigation and are ready for your call. Our professionals can answer your questions and provide high quality advice as to how to proceed with your case. Even if you are not sure you are ready to file a lawsuit, our team understands and can provide information with regard to the statute of limitations on the issues involved in your situation, so that you can proceed whenever you are ready.

 

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Motorcyclist Injured in Accident Near Lake Villa

A 25-year-old man suffered a serious head injury on Tuesday when he was involved in a collision while riding his motorcycle near Route 45 and Rollins Road. The man was riding southbound on Route 45 when he entered the intersection and a northbound van collided with him. The driver was wearing a helmet when he was thrown from his motorcycle, he was transported to Advocate Condell Medical Center in Libertyville.

Robert Edens is a Lake County injury attorney. Contact us today at (847) 395-2200 for a free initial consultation.

 

 

The Law Offices of Robert T. Edens